Acceptable Use Policy (AUP)
Rule-of-law based acceptable use standard governing the Mareante AI platform, mapping prohibited activities directly to Swiss, EU, and international criminal statutes.
Table of Contents
Notice: Engineering compliance draft for Mareante (not yet reviewed by an independent attorney).
1. Preamble and Rule-of-Law Principles
Mareante provides an autonomous software development platform turning voice and text requests into specs, plans, sandboxed container executions, and deployed codebases.
We adhere strictly to the principle of legality (rule of law):
- Prohibitions on the Platform are grounded strictly in binding international conventions, European Union regulations and directives, Swiss statutory law, and the protection of sentient beings from cruelty.
- We do not engage in subjective, arbitrary, or politically partisan censorship. Content and code that are legal under applicable democratic law remain permissible.
- Automated guardrails and moderation procedures operate objectively, consistently, and transparently, providing an explicit Statement of Reasons and a right of appeal whenever an action is refused or an account is sanctioned.
2. Prohibited Categories and Statutory Legal Grounds
Users, tenants, and developers are strictly prohibited from generating, building, executing, storing, or deploying applications or content within any of the following categories:
2.1. Child Sexual Abuse Material (CSAM) and Child Sexual Exploitation and Abuse (CSAE)
- Prohibited Conduct: Any depiction, generation, solicitation, hosting, or distribution of visual, textual, or synthetic representations of child sexual abuse, sexual exploitation of minors, or grooming behaviors.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB / CP) Article 197 (Pornography / CSAM);
- Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography;
- Council of Europe Budapest Convention on Cybercrime (ETS No. 185) Article 9;
- UN Convention on the Rights of the Child (CRC) and Optional Protocol.
- Enforcement Action: Immediate account termination, permanent ban, zero-strike threshold, and mandatory notification to law enforcement.
2.2. Malware, Unauthorized Access, Cyberattacks, and Denial of Service
- Prohibited Conduct: Developing, compiling, testing, or deploying malware, ransomware, botnets, keyloggers, rootkits, credential harvesting tools, exploit payloads, automated port scanners, tools designed to bypass access controls, or initiating Distributed Denial of Service (DDoS) attacks.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Article 143 (Unauthorised obtaining of data / Unbefugte Datenbeschaffung);
- Swiss Criminal Code (StGB) Article 143bis (Unauthorised access to a data processing system / Unbefugtes Eindringen in ein Datenverarbeitungssystem);
- Swiss Criminal Code (StGB) Article 144bis (Damage to data / Datenbeschädigung);
- Directive 2013/40/EU on attacks against information systems;
- Budapest Convention on Cybercrime (ETS No. 185) Articles 2–6.
- Note: Legitimate, non-destructive defensive analysis and security linting conducted in compliance with platform sandboxing rules are permitted; offensive cyberattack tooling is strictly barred.
2.3. Fraud, Phishing, Counterfeiting, and Deceptive Scams
- Prohibited Conduct: Creating phishing templates, spoofed login interfaces, deceptive invoice generators, synthetic identity fraud systems, social engineering tooling, investment scams, or wire fraud software.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Article 146 (Fraud / Betrug) and Article 147 (Computer fraud);
- Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment;
- Swiss Federal Act on Unfair Competition (UWG / LCD) Articles 3 and 23.
2.4. Money Laundering, Terrorist Financing, and Sanctions Evasion
- Prohibited Conduct: Building systems or mixers designed to obscure the illicit origin of funds, facilitate terrorist financing, or bypass international financial sanctions or embargoes.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Article 305bis (Money laundering) and Article 305ter (Lack of due diligence);
- Swiss Anti-Money Laundering Act (AMLA / GwG, SR 955.0);
- Swiss Embargo Act (EmbG, SR 946.231);
- EU Anti-Money Laundering Directives (AMLD 5/6, Directive (EU) 2018/843);
- Council Regulation (EU) No 269/2014 and related EU / UN sanctions regimes.
2.5. Terrorism and Violent Extremism
- Prohibited Conduct: Generating propaganda, recruitment materials, tactical training manuals, operational planning software, or manifestos for terrorist organisations or violent extremist entities.
- Statutory Legal Grounds:
- Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online;
- Swiss Criminal Code (StGB) Article 260ter (Criminal and terrorist organisations);
- Swiss Federal Act on the Prohibition of Al-Qaeda, IS and Associated Organisations (SR 122).
2.6. Weapons, Explosives, and CBRN Materials
- Prohibited Conduct: Designing, simulating, or generating blueprints, 3D printing schematics, chemical synthesis pathways, or operational software for firearms, ghost guns, untraceable parts, ammunition, military weapons, explosives, or Chemical, Biological, Radiological, or Nuclear (CBRN) agents.
- Statutory Legal Grounds:
- Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons (CWC);
- Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons (BWC);
- Treaty on the Non-Proliferation of Nuclear Weapons (NPT);
- Swiss Federal Act on Weapons, Weapon Accessories and Ammunition (Weapons Act / WG, SR 514.54);
- Directive (EU) 2021/555 on control of the acquisition and possession of weapons.
2.7. Trafficking in Persons, Illegal Drugs, and Wildlife
- Prohibited Conduct: Facilitating, managing, or automating human trafficking, migrant smuggling, illegal narcotics manufacture or distribution, or commercial trade in endangered species.
- Statutory Legal Grounds:
- UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol);
- Swiss Criminal Code (StGB) Article 182 (Human trafficking);
- Directive 2011/36/EU on preventing and combating trafficking in human beings;
- Swiss Narcotics Act (BetmG, SR 812.121) and UN Single Convention on Narcotic Drugs;
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
- Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora.
2.8. Cruelty to Animals and Harm to Sentient Beings
- Prohibited Conduct: Generating, coordinating, hosting, or disseminating content or software that depicts, promotes, facilitates, or encourages intentional cruelty, abuse, torture, zoophilia/crush violence, illegal fighting, poaching, or unlawful scientific experiments causing suffering to sentient animals.
- Statutory Legal Grounds:
- Swiss Animal Welfare Act (TSchG / LPA, SR 455) Articles 4, 26, and 28;
- Swiss Criminal Code (StGB) Article 135 (Depictions of violence against humans or animals);
- Treaty on the Functioning of the European Union (TFEU) Article 13 (recognising animals as sentient beings);
- European Convention for the Protection of Pet Animals (ETS No. 125).
2.9. Unlawful Surveillance, Stalking, Doxxing, and Non-Consensual Personal Data Processing
- Prohibited Conduct: Deploying stalkerware, spyware, non-consensual location tracking, automated scraping for personal dossiers, publishing non-public private data with malicious intent (doxxing), or disseminating non-consensual intimate imagery (NCII).
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Article 179quater (Violation of privacy by taking photographs);
- Swiss StGB Article 179novies (Unauthorised obtaining of personal data);
- Swiss Federal Act on Data Protection (nFADP / revDSG);
- Regulation (EU) 2016/679 (GDPR) Article 6;
- Council of Europe Convention on Preventing and Combating Violence against Women (Istanbul Convention) Article 34 (stalking).
2.10. Intellectual Property Infringement and Commercial Piracy
- Prohibited Conduct: Generating systems specifically designed to circumvent technical protection measures (DRM), torrent trackers for copyrighted media, warez/crack distribution platforms, or deploying unauthorized reproductions of protected source code or trademarks.
- Statutory Legal Grounds:
- Swiss Federal Act on Copyright and Related Rights (URG / LDA, SR 231.1);
- Swiss Federal Act on the Protection of Trade Marks and Indications of Source (MSchG, SR 232.11);
- Directive 2001/29/EC (InfoSoc Directive);
- Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market.
2.11. Illegal Hate Speech and Public Incitement to Violence
- Prohibited Conduct: Generating or disseminating public incitement to hatred, violence, or discrimination directed against a person or a group of persons defined by reference to race, color, descent, religion, ethnic or national origin, sexual orientation, or disability, or denying, trivializing, or glorifying genocides and crimes against humanity.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Article 261bis (Racial discrimination / incitement to hatred);
- EU Council Framework Decision 2008/913/JHA on combating racism and xenophobia;
- International Covenant on Civil and Political Rights (ICCPR) Article 20.
2.12. Election Fraud and Democratic Interference
- Prohibited Conduct: Building systems to manipulate electronic voting infrastructure, forge election ballots, generate deceptive targeted voter suppression misinformation, or impersonate official electoral authorities.
- Statutory Legal Grounds:
- Swiss Criminal Code (StGB) Articles 279–282 (Electoral fraud, bribery, and coercion);
- EU Digital Services Act (Regulation (EU) 2022/2065) Articles 34 and 35.
2.13. Unlicensed Regulated Financial Services and Illegal Gambling
- Prohibited Conduct: Operating unauthorized crypto-asset exchanges, dark pools, unregistered securities trading, collective investment schemes without regulatory approval, or unlicensed online casino games, lotteries, or betting platforms.
- Statutory Legal Grounds:
- Swiss Financial Market Supervision Act (FINMAG, SR 956.1);
- Swiss Money Gaming Act (BGS / LJAr, SR 935.51);
- Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA).
3. Enforcement Mechanisms and Procedures
Mareante enforces this policy through layered, deterministic, and verifiable systems:
[User Request (Voice/Text)]
│
▼
[Deterministic Guardrails & Classifier] ──(Violation Detected)──► [Immediate Refusal + Statement of Reasons]
│ (Clean) │
▼ ▼
[Sandboxed Docker Container] [Strike Audit Record]
- Strict resource limits │
- Egress proxy allow-list ──(Unauthorised Egress)──► [Container Destroyed] ▼
│ [Escalation / Suspension]
▼
[Dual-Model Verification]
│
▼
[Explicit Human UI Approval] ──► [Deployment]
3.1. Automated Guardrails (Fail-Closed)
- Every intake prompt, specification draft, tool registration (Rhai scripts), and sandbox container egress request is screened by automated guardrail filters (
guardrailspackage). - The filters are fail-closed: if an input matches a prohibited category, the operation is blocked deterministically before execution.
3.2. Statement of Reasons (DSA Art. 17)
Whenever an agent refuses a prompt, stops a container run, or takes moderation action, the user receives an automated Statement of Reasons stating:
- The exact prohibition category triggered;
- The specific statutory legal basis or rule invoked;
- Whether automated means were utilized in the decision;
- Clear information on available redress and appeal procedures.
3.3. Progressive Discipline and Strikes Policy
- First Strike: The violating task is refused; a warning is logged in the tenant’s audit trail (
FR-AU-01); the user is provided with a Statement of Reasons. - Second Strike: Repeated violations within 90 days result in a temporary suspension of execution rights for 7 calendar days.
- Third Strike: Permanent account termination and tenant closure.
- Zero-Tolerance Override: In severe cases (CSAM/CSAE, active cyberattacks/DDoS, CBRN weapons, imminent threats to human life), the account and tenant are terminated immediately on the first occurrence without prior warning.
3.4. Mandatory Notification of Criminal Offenses (DSA Art. 18)
Where Mareante obtains information giving rise to a reasonable suspicion that a serious criminal offense involving a threat to the life or safety of persons or child sexual abuse has occurred, is occurring, or is likely to occur, we promptly inform competent law enforcement authorities (e.g., the Swiss Federal Office of Police - fedpol, or competent EU Member State cybercrime authorities / Europol).
3.5. Appeals and Human Review
Under Article 19(1) of the Digital Services Act (Regulation (EU) 2022/2065), microenterprises are exempt from mandatory Section 3 online platform dispute mechanisms. Nonetheless, Mareante voluntarily provides an internal human review and appeal workflow to ensure fair process:
- Submit an appeal within six (6) months of the decision via our dedicated email at [To be provided by operator: {{DSA_CONTACT_EMAIL}}] or directly through the tenant audit log interface (
FR-AU-03). - Contested decisions are reviewed by human compliance staff against the rule of law. If an appeal is upheld, the restriction is revoked immediately.