The AUP prohibits users from using Databricks Services to develop AI applications that engage in deception, illegal discrimination, privacy violations, or autonomous operation without human oversight, and requires compliance with Databricks' separately published AI guidelines.
This analysis describes what Databricks'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 creates a set of AI governance obligations applicable to any customer building or fine-tuning AI models on the Databricks platform, and incorporates by reference a separate AI guidelines document that may be updated independently, creating a dynamic compliance obligation.
Interpretive note: The scope of this provision depends in part on the separately published AI guidelines document, which is incorporated by reference but not reproduced in the AUP, and which may be updated independently.
Under this clause, users who develop AI applications using Databricks Services are bound by both the enumerated prohibitions in the AUP and the requirements of Databricks' separately published AI guidelines, which constitute a condition of permissible platform use.
How other platforms handle this
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
You may not use our Services for any illegal purpose or in violation of any laws or regulations. You may not use the Services to send money to sanctioned countries or individuals on government watchlists. You may not use the Services for gambling, illegal drugs, weapons, or any other prohibited acti...
You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior exp...
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"Use the Databricks Services to create, train, fine-tune, or otherwise develop AI applications or systems that: Engage in or facilitate deceptive, fraudulent, or manipulative behavior, including the generation of disinformation or non-consensual synthetic media (e.g., deep fakes); Engage in illegal discrimination based on protected characteristics; Violate applicable privacy laws or regulations; Deploy autonomous AI agents or systems capable of taking actions with significant real-world consequences without adequate human oversight, review, or intervention mechanisms; or Otherwise violate Databricks' AI guidelines.— Excerpt from Databricks's Databricks AI Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision engages with the EU AI Act's prohibited AI practices, particularly those addressing manipulation, deception, and autonomous AI systems. It also implicates GDPR and CCPA through the privacy law compliance requirement. The FTC's authority over unfair or deceptive acts and practices is relevant to the disinformation and synthetic media prohibitions. EU AI Act enforcement authority rests with national market surveillance authorities and, for general-purpose AI models, the European AI Office. 2. GOVERNANCE EXPOSURE: High. The incorporation by reference of separately published AI guidelines means the scope of prohibited conduct is not fully defined within the AUP itself and may change without a formal AUP amendment. Enterprise customers who embed Databricks into AI product development pipelines may face compliance gaps if they do not actively monitor updates to the AI guidelines. 3. JURISDICTION FLAGS: EU and UK customers face heightened exposure given the EU AI Act's prohibited practices provisions, which overlap significantly with the AUP's enumerated prohibitions but are defined with greater regulatory specificity. U.S. customers in regulated sectors including financial services and healthcare should assess whether AI applications built on Databricks implicate sector-specific AI governance frameworks such as those issued by the CFPB or ONC. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether downstream customers or internal business units building AI on Databricks are subject to adequate contractual flow-down of these obligations. The provision does not specify audit rights or verification mechanisms, so the practical enforcement burden rests on the contracting customer to monitor and control AI application development practices. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should locate and maintain a current copy of Databricks' AI guidelines, establish a process for monitoring updates to that document, and assess whether existing AI governance policies align with the AUP's enumerated prohibitions. Organizations subject to EU AI Act obligations should map the AUP's AI prohibitions against the regulatory text to identify any gaps or definitional inconsistencies.
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This provision creates a set of AI governance obligations applicable to any customer building or fine-tuning AI models on the Databricks platform, and incorporates by reference a separate AI guidelines document that may be updated independently, creating a dynamic compliance obligation.
Under this clause, users who develop AI applications using Databricks Services are bound by both the enumerated prohibitions in the AUP and the requirements of Databricks' separately published AI guidelines, which constitute a condition of permissible platform use.
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