PhotoDNA Cloud Service Terms of Use

    1. Terms of Use

Your use of the PhotoDNA Cloud Service is governed by the Microsoft Online Subscription Agreement which incorporates the Online Services Terms, and the terms set out below. The terms set out below control to the extent there is a conflict with other applicable terms, notwithstanding the entire agreement provision of the Microsoft Online Subscription Agreement.

    2. Acknowledgement of Relevant Legal Requirements

In connection with your obligation to comply with all laws and regulations applicable to your use of Online Services as set out in the Online Services Terms, you acknowledge that the content of the customer data you process using the PhotoDNA Cloud Service may be subject to specific legal requirements which may include, but are not limited to, laws requiring the reporting of any facts or circumstances from which you obtain actual knowledge of an apparent violation of child pornography laws to the National Center for Missing and Exploited Children (NCMEC) and/or a government agency in your jurisdiction. Any information that Microsoft provides to you regarding the use of the PhotoDNA Cloud Service is not intended as legal advice and is not a substitute for the advice of your own legal counsel.

    3. Purpose limitation, Your instructions to Audit and report to NCMEC

The purpose of the PhotoDNA Cloud Service is to prevent the spread of child sexual abuse content, and to support investigations targeted to stopping the distribution and possession of child sexual abuse content (“Purpose”). You may use the PhotoDNA Cloud Service solely for the Purpose, and you must not use it for any other purposes. To achieve the Purpose, it is important for you and Microsoft to work together to maintain the integrity of the service.

Accordingly:

(a) You hereby authorize Microsoft to take steps to monitor and audit your usage of the PhotoDNA Cloud Service to help ensure that the service is used solely for the Purpose, and otherwise in accordance with these terms.

(b) You hereby authorize Microsoft to provide aggregate reports to NCMEC that summarize the number of images you uploaded on the PhotoDNA Cloud Service that match the signatures of known child pornography images.You hereby instruct Microsoft to identify you in these reports. You understand that such reports do not relieve you of any legal requirements that might arise from your use of the PhotoDNA Cloud Service, including, but not limited to, any obligation you have to file NCMEC reports.

    4. Eligibility

Access to the PhotoDNA Cloud Service is subject to Microsoft’s sole discretion based on our eligibility criteria and vetting process. Microsoft reserves the right to re-verify eligibility at any time and suspend access to the PhotoDNA Cloud Service at any time. To apply for and use the PhotoDNA Cloud Service, you must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.

You are solely responsible for:

(a) keeping your password and account confidential; and

(b) any and all activities that occur under your account.

You must promptly notify Microsoft of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your account or password.

    5. Offer Details for the PhotoDNA Cloud Service

This page is the Portal for the purposes of the PhotoDNA Cloud Service Subscription and the applicable Offer Details are as follows:

(a) The PhotoDNA Cloud Service is provided free of charge (with limited transactions per month) or charged as Content Moderator transactions (if used with Content Moderator as required for high volume usage).

(b) The PhotoDNA Cloud Service is a Limited Offering.

(c) The Term of a PhotoDNA Cloud Service Subscription is 30 days. Microsoft may limit or throttle your PhotoDNA Cloud Service transactions, including as provided for in service documentation.

    6. Internal Use Only

You will use the PhotoDNA Cloud Service solely for your internal use. You may not use the PhotoDNA Cloud Service to provide a Managed Service Solution as defined in the Microsoft Online Subscription Agreement.

    7. No Support or SLA

The PhotoDNA Cloud Service is not covered by customer support and does not have an SLA. The PhotoDNA Cloud Service is not a Microsoft Azure Service, including when used in conjunction with Content Moderator or other Online Services.