Thorn CSAM Classifier

Terms of use

Effective: April 13, 2023.
 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE THORN CHILD SEXUAL ABUSE MATERIAL (“CSAM”) CLASSIFIER, OR BY CLICKING “AGREE”, YOU AGREE TO BE BOUND BY THESE TERMS OF USE FOR YOURSELF, AND THE COMPANY OR ORGANIZATION (THE “COMPANY”) YOU HAVE IDENTIFIED IN THE APPLICATION, INCLUSIVE OF ACCESS BY ALL COMPANY USERS (TOGETHER, “YOU”).

Thorn may amend or terminate these Terms of Use, and any other terms, policies or guidelines governing your use of the Thorn CSAM Classifier, at any time at its sole discretion. You agree that Thorn may notify you of any such updates via email, via posting the updates on https://info.thorn.org/csam-classifier-rd-application-terms (“the Site”) or via another method Thorn reasonably selects. You agree to be bound by those updates if you access or use the CSAM Classifier after those updates become effective. If you do not agree to any updates, you are free to stop using the Thorn CSAM Classifier. Therefore, be sure to review these Terms of Use whenever you access the Thorn CSAM Classifier.

I. ACKNOWLEDGEMENT

These Terms of Use establish the terms and conditions by which Thorn will allow you to use the Thorn CSAM Classifier. By clicking “AGREE” below, you, on behalf of yourself and your Company (including all Company users), agree to the Terms of Use provided herein.

You understand the Thorn CSAM Classifier is in continuous development by Thorn, and acknowledge that it may require engineering resources from your organization to deploy to your platform(s) or service(s).

You agree to only use the Thorn CSAM Classifier to detect and identify CSAM for the purpose of defending children from sexual abuse on your platform(s) or service(s).

If your application is approved, you acknowledge that Thorn may utilize: (i) all information disclosed in this application; (ii) any Modifications; and (iii) Results, as a primary goal of the Thorn CSAM Classifier is to promote the sharing of data and feedback among our users in order to fulfill the Purpose. You further authorize Thorn to collect, use, disclose and otherwise process information about you as set forth in our Privacy Policy.

II. DEFINITIONS

The following definitions apply to these Terms of Use:  

• “Code Repository” means the GitHub code repository that may be provided to you by Thorn.
• “Intent of Use” means the purpose in furtherance of the Purpose for which you intend to use the TCP as disclosed in your application and approved by Thorn.  
• “Modifications” means any modifications made to the TCP or any part thereof by you or on your behalf.  
• “Purpose” means protecting children from sexual exploitation and abuse, including by developing technology designed to detect or prevent such exploitation and abuse.  
• “Qualifications” means the qualification criteria that all licensees to the TCP must meet, as determined and updated by Thorn from time to time in its sole and absolute discretion.
• “Results” means the outputs the TCP generates in connection with your use, including: (i) patterns detected and associated analysis with respect to potential CSAM on your platform(s) or service(s); and (ii) ratings with respect to the results described in the applicable criteria and other elements of your platform(s) or service(s).
• “Thorn Classifier Package” or “TCP” means Thorn’s CSAM Classifier package, as well as all Thorn software, code, classifiers, algorithms, documentation, and modifications, including the Code Repository. 
   

III. LICENSE

Subject to your continuing satisfaction of the Qualifications, the license granted by the approval of your Application is a limited, revocable, non-exclusive, royalty-free, non-transferable license, without right of sublicense, to use the TCP and, to the extent applicable, download from the Code Repository, modify and reproduce the TCP, solely internally pursuant to the Intent of Use.

IV. RESTRICTIONS

Use of the TCP must be strictly limited to the Purpose defined above and may not be for a commercial basis.  You may not sell, lease, license, sublicense, distribute, or otherwise allow any third party to use the TCP.  You may not use the TCP at any locations other than your offices controlled and occupied by you.  You will restrict access to the TCP to your employees and consultants that must have access in order for you to use the TCP for the Purpose.  You will not permit access to the TCP by any other third party.  You will be fully responsible for the conduct of any of your employees or consultants that breach these terms and conditions. You will notify Thorn of any breach of these terms or conditions or a situation in which it would appear that the TCP was prejudiced or exposed to loss.  Upon the request of Thorn, you will take all reasonable steps to recover any portions of the TCP that are disclosed, stolen, or otherwise compromised.

You will only use any Modifications internally, on a non-commercial basis. 

You will not: (i) use the Results other than for your internal business purposes without written permission from Thorn; or (ii) disclose the Results to any third party without written permission from Thorn.  You will maintain the confidentiality of the Results using the same level of protection as you use for your own confidential information, but in no event less than reasonable care.

V. OWNERSHIP

The TCP is licensed, not sold, by Thorn to you. As between Thorn and you, Thorn owns and retains all right, title, and interest, including all intellectual property rights, in and to the TCP. Except for those rights expressly granted in these Terms of Use, no other rights are granted, either express or implied, to you.

In the event that you wish to disclose, publish, or otherwise make any Modifications available to third parties, you must share the Modifications with Thorn and apply for Thorn’s inclusion of the Modifications in the TCP.  If you apply to have any Modifications deposited into the Code Repository and Thorn approves of such application, you thereby grant to Thorn a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, and otherwise exploit all intellectual property rights in such Modifications.

The license granted to you will automatically terminate without notice if you breach any of these terms or conditions, or for any or no reason upon five business days’ notice.  Upon the termination of these Terms of Use, you will: (i) discontinue all access to the Code Repository and use of the TCP; (ii) uninstall the TCP from your systems; (iii) destroy or return to Thorn all copies of the TCP and Modifications; and (iv) promptly provide Thorn with written confirmation of your compliance with these requirements.

Thorn will not provide any customer service or technical support with respect to the TCP and the Code Repository. Thorn is not obligated to provide any updates, upgrades, or bug fixes beyond those it makes available in the TCP.

YOU ACKNOWLEDGE THAT THE TCP IS A FRAMEWORK WHICH YOU MAY COMBINE WITH YOUR OWN PLATFORM(S) OR SERVICE(S)-BASED DATA TO PRODUCE THE RESULTS, WHICH REQUIRES PROPER IMPLEMENTATION BY YOU TO OPERATE.  THE TCP IS PROVIDED BY THORN “AS IS” AND WITHOUT ANY WARRANTY.

NEITHER THORN NOR ITS LICENSORS WARRANT THAT THE TCP WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THORN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, COMPLETENESS, AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE TCP AND ANY PART THEREOF, THE CODE REPOSITORY, AND THE RESULTS.

Thorn reserves the right to revise the Qualifications at any time either by: (i) notifying you of the changes (notice by email is sufficient); or (ii) posting the update on the Site. It is your responsibility to periodically check the Site for updates to the Qualifications, and to ensure its continued compliance therewith.  You will, upon request from Thorn, demonstrate your fulfillment of the Qualifications and compliance with the Intent of Use, including without limitation by completing a self-reporting document provided by Thorn.  Thorn may terminate the license at any time if it determines, in its sole discretion, that you do not satisfy the then-effective Qualifications.

Thorn may: (i) refer to the Company as a CSAM Classifier user; and (ii) use the Company’s trademarks in such reference. You may not use any of Thorn’s trademarks or any trademarks otherwise used in connection with the TCP without the prior written consent of Thorn.

X. CONFIDENTIALITY

By accepting the TCP, you acknowledge that you will have access to Thorn’s valuable information that is secret, confidential, and not generally known to the public. In order to protect these trade secrets and the proprietary know-how contained in the TCP, you will maintain the confidentiality of and not disclose to any third party: (i) the terms of these Terms of Use; (ii) all non-public information disclosed by Thorn to you under these Terms of Use; and (iii) the TCP and all information obtained through your use of the TCP.  You may disclose such information to your employees and consultants who: (a) have a need to know for you to exercise your rights under these Terms of Use; and (b) are made subject to this confidentiality requirement.

You represent and warrant that: (i) any representation you make to Thorn, including with respect to your Intent of Use, is truthful and accurate; (ii) you own or have the necessary right to use any data or other materials you use in combination with the TCP; (iii) your use of the TCP will be in compliance with all applicable laws and regulations; (iv) you will only use the TCP, any part thereof, and any Modifications as permitted under these Terms of Use; and (v) no Modifications will infringe on the rights of any third party.

You will defend, indemnify, and hold harmless Thorn and Thorn’s licensors against any claims arising from your breach of the foregoing representations and warranties.  

THE TOTAL LIABILITY OF THORN ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED $100.  IN NO EVENT WILL THORN HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS OF USE.

These terms and conditions are governed by the laws of the State of California, without reference to conflict of law principles.  You will comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the TCP.

You may not assign these Terms of Use, directly or indirectly, by operation of law or otherwise, without the prior written consent of Thorn.  You acknowledge that a breach of these terms and conditions by you may cause irreparable harm to Thorn and that Thorn will be entitled to seek an injunction or other equitable remedies. If any portion of these terms and conditions are found to be unenforceable, the remaining portion will remain in full force and effect.

By submitting the application, you are indicating that you are authorized to agree to the above and conditions on behalf of the Company.