Athics – Terms of Service and SLA
These Terms of Service constitute a legal agreement between you and Athics S.r.l. for the use of the software platforms Crafter.ai (https://crafter.ai/en/) and Portrait (https://portrait-profiling.ai/en/) (hereinafter jointly referred to as the “Software”). By using either of the services, you agree to be bound by the terms and conditions set forth in this document. Athics S.r.l. reserves the right to modify these Terms at any time, for any reason, and without prior notice.
Restrictions
Unless you have received prior written consent from Athics S.r.l., you may not:
- Reproduce, distribute, or transfer the Software, or parts of it, to third parties.
- Sell, lease, rent, assign, or sublicense the Software or parts of it.
- Grant rights to any other person.
- Use the Software in violation of any applicable Italian or international law or regulation.
All copyright notices, intellectual property statements, and logos contained in the Software files and interface must remain intact.
Misuse and Awareness
The following rules apply jointly to Crafter.ai and Portrait (collectively, the “Services”).
The User agrees not to use the Services in any unlawful, discriminatory, or unethical manner, and to ensure meaningful human oversight at every stage of any decision-making process that may affect the rights or interests of individuals, in accordance with the GDPR, the forthcoming AI Act, and other applicable regulations.
By way of example and without limitation:
- Recruitment and Personnel Management
- Using the Services to automatically exclude candidates from a recruitment process, or to make decisions on promotions, dismissals, or other significant outcomes without qualified human supervision, supported by transparent and documented criteria.
- Predictive Profiling and Scoring
- Generating reputational, risk, or reliability scores that affect access to credit, insurance policies, or other essential services without independent and traceable review by human operators.
- Access to Essential Services
- Denying, limiting, or adjusting access to healthcare, education, social housing, energy, or water based on outputs without human oversight to ensure fairness, accuracy, and non-discrimination.
- Associating psychometric profiles with differentiated treatment without verification of legitimacy and purpose by a responsible human.
- Manipulation and Persuasive Communication
- Using chatbots or psychometric profiles for non-transparent political or commercial micro-targeting, or to spread misinformation without proper human audit and supervision.
- Running campaigns that exploit cognitive vulnerabilities of specific groups (e.g., minors, elderly people, persons with disabilities) without ethical review and human oversight of generated content.
- High-Risk Contexts
- Applying the Services in automated decision-making in healthcare, judicial processes, social assistance, or public safety (e.g., triage, predictive policing) without final human intervention capable of confirming, modifying, or rejecting the automated outcome.
- Profiling minors under 18 or protected categories without explicit consent from legal guardians or equivalent legal safeguards.
- Unlawful Data Collection
- Analyzing texts or communications of third parties (CVs, emails, chats, social media) without a valid legal basis or the informed consent of the data subjects.
The User/Client is required to take all necessary measures to ensure a responsible and lawful use of the Services. The following obligations are indicative and not exhaustive:
- Data Protection Impact Assessment (DPIA) – If the use of the Services involves processing of personal data likely to result in high risks to the rights and freedoms of individuals, the User must conduct a DPIA under Article 35 of the GDPR, clearly identifying where human intervention occurs in the process.
- Fundamental Rights Impact Assessment (FRIA) – In anticipation of the full application of the AI Act, the User must prepare a FRIA (Fundamental Rights Impact Assessment) for all uses of the Services considered “high-risk AI systems” as defined in Annex III of the Regulation. This assessment must include technical, organizational, and human oversight measures to prevent harmful effects on individuals.
- Transparency – Data subjects must be clearly informed about the use of AI systems, the decision-making logic involved, and their right to human review.
Technical Support
Athics S.r.l. currently does not provide direct telephone support. No guarantees are given regarding response times to email support requests, although Athics S.r.l. will make every effort to respond promptly.
Refunds
Athics S.r.l. does not offer refunds for the Software. For assistance, please contact technical support at support@athics.ai.
Indemnity
You agree to indemnify and hold harmless Athics S.r.l. from any third-party claim, action, or proceeding, as well as any expense, liability, damage, settlement, or fee arising from your use or misuse of the Software or any breach of these Terms.
Disclaimer of Warranty
The Software is provided “as is”, without any warranty of any kind, either express or implied, including but not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Athics S.r.l. does not guarantee that the Services will be continuously available or error-free.
Limitation of Liability
You assume all risks associated with the installation and use of the Software. In no event shall the authors or copyright holders of the Software be liable for any claims, damages, or other liabilities arising from or in connection with the use of the Software. You are solely responsible for determining the appropriateness of the Software and assume all risks associated with its use, including but not limited to risks of program errors, damage to equipment, data loss, or operational disruptions.