Before using Cohere's API, developers must describe what they plan to build and get Cohere's approval. They also need to identify and document potential harms their application could cause.
This analysis describes what Cohere's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a pre-deployment approval gate that means API access is not automatic; developers who have not received approval or who deploy outside their approved use case may be in breach of the Terms of Service.
This provision affects end users indirectly by requiring developers to have their applications reviewed before deployment, which may limit which types of Cohere-powered products reach the market and under what conditions.
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"Developers must outline and get approval for their use case to access the Cohere API, understanding the models and limitations. They should refer to model cards for detailed information and document potential harms of their application.— Excerpt from Cohere's Cohere Usage Policy
(1) REGULATORY LANDSCAPE: This provision engages with the EU AI Act's requirements for conformity assessments and documentation obligations for high-risk AI systems. Pre-deployment review processes of this type may also interact with FTC guidance on AI governance and accountability for developers of consumer-facing AI products. Enforcement authority for deceptive or unfair practices in downstream applications would rest primarily with the FTC or relevant state attorneys general. (2) GOVERNANCE EXPOSURE: Medium. The approval requirement creates a contractual obligation that, if not fulfilled, constitutes a breach of the Terms of Service and could result in API access termination. The harm documentation obligation creates an internal record that could be relevant in regulatory inquiries or litigation concerning downstream application harms. (3) JURISDICTION FLAGS: EU-based developers face heightened exposure under the EU AI Act, which mandates formal risk assessments and documentation for high-risk AI applications. California-based developers should also consider CCPA compliance obligations where harm documentation intersects with personal data processing. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams onboarding Cohere as an AI vendor must verify that the relevant use case has been formally approved and that documentation of that approval is retained. B2B contracts built on top of Cohere's API should include representations that the downstream use case falls within the scope of Cohere's approval. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should establish an internal process for submitting use case descriptions to Cohere, retaining approval confirmations, and updating approvals when product functionality changes materially. Harm documentation should be integrated into existing AI risk assessment or product review workflows.
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This provision establishes a pre-deployment approval gate that means API access is not automatic; developers who have not received approval or who deploy outside their approved use case may be in breach of the Terms of Service.
This provision affects end users indirectly by requiring developers to have their applications reviewed before deployment, which may limit which types of Cohere-powered products reach the market and under what conditions.
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