Acceptable Use Policy (AUP)
NexScreening (A NexSystems product, owned and operated by NexGlobal, Wyoming, USA)
Last updated: 20th Jan 2025
1. Purpose and Scope
This Acceptable Use Policy ("AUP") sets out the rules and boundaries for using NexScreening, whether accessed through the website interface or via API integrations. It exists to ensure NexScreening is used only for lawful, fair, and proportionate compliance purposes, consistent with regulatory expectations for screening technologies.
This AUP also protects the integrity of the platform by preventing misuse such as unauthorized access, scraping, or use in prohibited contexts. The policy applies to the End User entity, its Authorized Users, contractors, technical integrators, and any party acting on the End User's behalf. It covers all interactions with the service, including the submission of search inputs, receipt of screening outputs, storage of results, and downstream internal use of those results. This AUP is designed to operate alongside the EULA, Privacy Policy, and DPA, and does not replace the End User's own obligations under applicable law.
Where the End User uses NexScreening in multiple jurisdictions, this AUP applies uniformly and the End User remains responsible for ensuring local legal compliance. Any use outside the scope defined here is treated as unauthorized and may lead to enforcement actions, including suspension or termination.
2. General Principles of Acceptable Use
Use of NexScreening must always be guided by principles of legality, fairness, proportionality, and accountability. The platform is designed as a compliance-support tool and must only be used in contexts where the End User has a legitimate, lawful, and documented purpose for screening individuals or entities. Users are expected to understand that NexScreening does not make decisions, determinations, or judgments, but instead provides informational screening outputs that require interpretation and human review. All use must align with applicable sanctions laws, AML obligations, data protection frameworks, and internal governance policies of the End User.
End Users must apply NexScreening in a risk-based manner, meaning that screening activities should be proportionate to the compliance or risk management objective being addressed. Overuse, indiscriminate screening, or screening without a defined compliance rationale may expose the End User to regulatory risk. NexGlobal does not monitor or approve individual screening decisions and does not validate the End User's internal compliance logic. The responsibility for defining when, how, and why screening is performed rests entirely with the End User.
Users must also ensure that screening outputs are handled responsibly, securely, and confidentially. Results should be accessed only by authorized personnel and used strictly within the scope of legitimate compliance activities. NexScreening must not be treated as a source of factual truth or proof of wrongdoing. Instead, outputs should be understood as signals that may require further investigation, escalation, or contextual analysis. These principles are fundamental to acceptable use and are a condition of continued access to the Services.
3. Permitted Uses
NexScreening may only be used for legitimate, lawful, and proportionate compliance and risk-management activities. Permitted uses are strictly limited to the categories described below. Any use outside these categories is considered unauthorized, even if technically possible within the platform.
3.1 Compliance and Regulatory Screening
NexScreening may be used to support compliance with applicable sanctions regimes, anti-money laundering (AML) laws, counter-terrorist financing requirements, and similar regulatory frameworks. This includes screening individuals and entities against sanctions lists, identifying politically exposed persons (PEPs), and reviewing adverse media related to financial crime, corruption, or other compliance risks. Such screening must be conducted only where the End User has a lawful basis and a defined regulatory or compliance objective.
Users must ensure that screening is applied in a manner consistent with applicable regulations and supervisory guidance. Screening outputs must not be interpreted as legal determinations or regulatory findings. NexScreening does not certify compliance with any specific law or regime, nor does it confirm that an individual or entity is compliant or non-compliant. All regulatory interpretation and decision-making remains the responsibility of the End User. Screening must be embedded within an overall compliance framework that includes policies, procedures, escalation paths, and human oversight.
3.2 Risk-Based Due Diligence and Ongoing Monitoring
NexScreening may be used as part of risk-based due diligence processes, including customer onboarding, periodic reviews, and ongoing monitoring of existing relationships. Use must be proportionate to the level of risk identified and aligned with the End User's internal risk assessment methodology. High-risk relationships may justify enhanced screening, while low-risk contexts may not.
Users must avoid blanket or indiscriminate screening practices that are not justified by risk or legal requirements. NexScreening outputs should be considered alongside other due diligence information, such as transactional behavior, geographic exposure, and business context. The platform does not replace enhanced due diligence or investigative processes where such measures are required. Decisions taken following due diligence screening must always be supported by human review and documented reasoning.
3.3 Internal Governance, Audit, and Compliance Oversight
NexScreening may be used to support internal governance, compliance oversight, and audit functions. This includes maintaining screening records, demonstrating that screening controls are in place, and supporting internal or external audits. Use in this context must remain informational and evidentiary, not determinative.
Screening outputs may be retained for audit or regulatory review purposes where lawfully permitted. Users must ensure that retained records are protected, access-controlled, and contextualized to reflect the point-in-time nature of screening results. NexScreening does not generate audit conclusions or compliance attestations. The End User remains responsible for explaining how screening results were reviewed, interpreted, and acted upon within its governance framework.
4. Prohibited Uses
Any use of NexScreening outside the permitted uses described in this AUP is expressly prohibited. Prohibited uses include, without limitation, the activities set out below. These prohibitions are fundamental to protecting individuals' rights, maintaining regulatory compliance, and preserving the integrity of the Services.
4.1 Unlawful or Unauthorised Use
NexScreening must not be used in any manner that violates applicable laws, regulations, court orders, or regulatory guidance. This includes using the Services without a valid lawful basis for processing personal data, screening individuals where no legal or legitimate compliance purpose exists, or conducting screening in jurisdictions where such activities are restricted or prohibited. Users must not submit data they are not legally entitled to process or disclose.
Unauthorised use also includes access by individuals who are not properly designated as Authorized Users. Any attempt to bypass access controls, share credentials, or access the platform without permission is strictly prohibited. NexGlobal does not validate the legality of individual screening actions; responsibility for lawful use rests entirely with the End User. Unlawful or unauthorised use may result in immediate suspension or termination of access.
4.2 Discriminatory or Unfair Treatment
NexScreening must not be used to discriminate against individuals or groups on the basis of protected characteristics, including but not limited to race, religion, ethnicity, nationality, gender, sexual orientation, disability, or political beliefs. Screening outputs must never be used as a proxy for character, intent, or moral judgment. Users must not apply blanket exclusions or automatic adverse actions based solely on screening results.
Decisions influenced by NexScreening must be individualized, proportionate, and justified by legitimate compliance considerations. The platform is not designed to support profiling, stereotyping, or exclusionary practices. Any use of NexScreening that results in unfair, arbitrary, or discriminatory outcomes may expose the End User to significant legal and regulatory risk. NexGlobal does not endorse or permit such use under any circumstances.
4.3 Automated Decision-Making Without Human Safeguards
Users must not rely exclusively on automated screening outputs to make decisions that produce legal or similarly significant effects on individuals. This includes decisions such as denial of services, termination of relationships, refusal of onboarding, or employment-related actions. NexScreening provides indicators and alerts, not final decisions.
Meaningful human review is required before any adverse action is taken. Users must ensure that trained personnel assess context, relevance, and accuracy of screening results. The platform does not implement automated decision-making within the meaning of data protection laws. Any attempt to treat NexScreening as an automated decision engine is a prohibited use and may violate GDPR or equivalent laws.
4.4 Surveillance, Monitoring, or Intelligence Activities
NexScreening must not be used for mass surveillance, continuous monitoring of individuals without a defined compliance purpose, or intelligence-gathering activities. The platform is not intended for law enforcement, intelligence agencies, or covert monitoring operations unless such use is explicitly authorized by applicable law and agreed in writing.
Users must not use NexScreening to track individuals' activities, associations, or behavior beyond what is necessary for legitimate compliance screening. Any use resembling surveillance or intelligence profiling is strictly prohibited. NexGlobal does not provide investigative services and does not permit its technology to be repurposed for such activities.
4.5 Employment-Related Misuse
Where restricted or prohibited by law, NexScreening must not be used for employment screening, background checks, or employment-related decision-making. Employment contexts often carry heightened legal and privacy protections, and misuse in this area may result in serious regulatory or legal consequences.
Users are responsible for understanding and complying with jurisdiction-specific employment laws before using NexScreening in any employment-related scenario. NexGlobal does not assess the legality of employment screening use cases. Any employment-related use that violates applicable law or exceeds lawful scope is prohibited under this AUP.
4.6 Misrepresentation of the Services
Users must not misrepresent NexScreening or its outputs to third parties, regulators, or individuals. This includes claiming that NexScreening is regulator-approved, government-certified, or capable of guaranteeing compliance with sanctions, AML, or other regulatory requirements. Screening outputs must not be presented as definitive legal conclusions or factual determinations.
Users must not imply that NexGlobal endorses their compliance decisions or business practices. Any marketing, disclosure, or communication that mischaracterizes the nature, capabilities, or limitations of the Services is prohibited. Misrepresentation undermines regulatory trust and may lead to enforcement action against the End User.
4.7 Data Scraping, Extraction, or Resale
Users must not scrape, harvest, systematically extract, or otherwise collect data from NexScreening for purposes unrelated to their own internal compliance activities. This includes building datasets, training models, reselling outputs, sublicensing access, or creating competing products or services.
Screening outputs are licensed for internal use only and remain subject to confidentiality and contractual restrictions. Any attempt to commercialize, redistribute, or externalize screening data is prohibited. NexGlobal reserves the right to take technical and legal measures to prevent such misuse.
4.8 Security Abuse and Platform Integrity
Users must not engage in any activity that compromises or attempts to compromise the security, integrity, or availability of the NexScreening platform. This includes introducing malware, attempting to bypass safeguards, probing vulnerabilities, or interfering with normal operation.
Users must not overload the system, conduct denial-of-service activities, or misuse APIs in a way that degrades performance. Any suspected security abuse may be investigated and reported where required by law. Protecting platform integrity is essential to acceptable use.
5. Responsibilities of Users
Users of NexScreening bear primary responsibility for ensuring that the Services are used lawfully, ethically, and in accordance with applicable regulations, internal policies, and contractual obligations. NexGlobal provides the technology platform, but does not assume responsibility for how screening activities are designed, governed, or applied by the End User. The responsibilities set out below are fundamental conditions of access to the Services.
5.1 Responsibility for Lawful Basis and Authority
Users are responsible for ensuring that they have a valid and documented lawful basis for screening individuals or entities using NexScreening. This includes confirming that screening is permitted under applicable data protection, sanctions, AML, employment, and sector-specific laws. Users must ensure they have the authority to submit personal data for screening, whether derived from customers, counterparties, employees, or third parties. NexGlobal does not verify the existence of a lawful basis or legal authority for individual screening actions. Any screening conducted without proper authority is undertaken solely at the User's risk and may expose the User to regulatory or legal consequences.
5.2 Responsibility for Internal Policies and Procedures
Users must maintain appropriate internal policies, procedures, and controls governing the use of NexScreening. These policies should define when screening is required, how results are reviewed, escalation thresholds, documentation requirements, and decision-making responsibilities. NexScreening does not replace internal compliance programs or governance frameworks. Users must ensure that staff are trained on these policies and understand the limitations of screening outputs. Failure to maintain adequate internal controls may be considered a governance failure by regulators, regardless of the technology used.
5.3 Responsibility for Human Review and Decision-Making
Users are responsible for ensuring that screening outputs are reviewed by qualified personnel before any decisions are taken. NexScreening does not make decisions, determinations, or findings, and must not be treated as an automated decision-making system. Users must assess relevance, context, accuracy, and proportionality of results, particularly where adverse actions may follow. Decisions must be documented and capable of justification. Reliance on automated outputs without meaningful human oversight is inconsistent with acceptable use and may violate data protection or regulatory requirements.
5.4 Responsibility for Accuracy of Input Data
Users are responsible for the accuracy, completeness, and appropriateness of the data they submit to NexScreening. Inaccurate or incomplete input data may result in misleading outputs, false positives, or false negatives. NexGlobal does not validate or correct data provided by Users. Users must implement checks to ensure that submitted data is relevant and minimized to what is necessary for screening. Errors introduced at the input stage remain the responsibility of the User and do not constitute a failure of the Services.
5.5 Responsibility for Handling Screening Results
Users are responsible for handling screening results in a secure, confidential, and proportionate manner. Access to results must be restricted to authorized personnel with a legitimate need to know. Results must not be disclosed externally except where legally required or permitted. Users must ensure that retained results are clearly contextualized as point-in-time indicators and not treated as permanent factual records. Mishandling of results may expose Users to privacy breaches, reputational harm, or regulatory action.
5.6 Responsibility for Data Subject and Regulatory Requests
Users are solely responsible for responding to data subject requests, complaints, or regulatory inquiries relating to their use of NexScreening. This includes requests for access, rectification, erasure, or explanations of screening decisions. NexGlobal does not interact directly with data subjects and does not manage User-level regulatory communications. Users must maintain documentation and audit trails sufficient to demonstrate compliance. Failure to respond appropriately to requests remains the User's responsibility and risk.
5.7 Responsibility for Secure Access and Credentials
Users must ensure that access credentials, API keys, and authentication mechanisms are protected against unauthorized use. Credentials must not be shared, reused insecurely, or embedded in unsecured systems. Users must promptly revoke access when personnel change roles or leave the organization. NexGlobal is not responsible for misuse arising from compromised credentials or poor access controls at the User level. Secure access management is a core User obligation under this AUP.
5.8 Responsibility for Ongoing Compliance Monitoring
Users must continuously monitor changes in applicable laws, regulations, and supervisory guidance that may affect how NexScreening can be lawfully used. The legality of certain screening activities may evolve over time. NexGlobal does not monitor regulatory changes on behalf of Users or notify Users of changes affecting their specific use cases. Continued use of NexScreening constitutes confirmation that the User's use remains lawful and appropriate. Regulatory risk arising from changes in law remains with the User.
6. Monitoring and Enforcement
NexGlobal reserves the right to monitor use of NexScreening to the extent reasonably necessary to protect the security, integrity, availability, and lawful operation of the Services. Monitoring is conducted for limited purposes, such as detecting abuse, unauthorized access, excessive usage patterns, security threats, or violations of contractual terms. NexGlobal does not monitor individual screening decisions or evaluate the compliance merits of specific searches. Monitoring activities are proportionate, risk-based, and aligned with data protection and confidentiality obligations.
6.1 Usage Monitoring and Abuse Detection
NexGlobal may monitor technical usage indicators, including request volumes, access patterns, API behavior, and authentication events, to identify potential misuse or abuse. Such monitoring is designed to detect activities such as credential sharing, scraping, automated harvesting, denial-of-service attempts, or other actions that threaten platform stability. Monitoring does not involve substantive review of screening content or business decisions. Users acknowledge that such monitoring is necessary for service reliability and security. Monitoring is not intended to supervise User compliance programs or replace internal controls.
6.2 Investigation of Suspected Violations
Where NexGlobal reasonably suspects a violation of this AUP, the EULA, or applicable law, it may investigate the matter using information available within its control. Investigations may include review of access logs, usage metadata, and relevant technical records. NexGlobal is not obligated to notify the User prior to commencing an investigation where doing so could compromise security, evidence, or legal obligations. Investigations are conducted to assess contractual and platform risks, not to adjudicate regulatory compliance. Users are expected to cooperate in good faith where clarification is reasonably requested.
6.3 Enforcement Measures
If NexGlobal determines that a User has violated this AUP, it may take appropriate enforcement measures. Such measures may include issuing warnings, imposing usage restrictions, suspending access, revoking API keys, or terminating access entirely. Enforcement actions may be taken immediately where required to prevent harm, legal exposure, or security risks. NexGlobal is not required to apply enforcement measures progressively and may act proportionately based on severity. Enforcement decisions are final and made to protect the platform and other users.
6.4 No Obligation to Monitor for Compliance
NexGlobal does not assume an obligation to monitor User activity for compliance with laws, regulations, or internal policies. The absence of enforcement action does not constitute approval or endorsement of any particular use. Users remain solely responsible for ensuring that their use of NexScreening complies with all applicable requirements. NexGlobal's monitoring is limited to protecting its Services and contractual position. This clause prevents any inference that NexGlobal supervises or validates User compliance behavior.
6.5 Regulatory and Legal Reporting
Where required by applicable law, court order, or regulatory obligation, NexGlobal may disclose information relating to misuse or unlawful activity to competent authorities. Such disclosure may occur without prior notice to the User where notice is prohibited or impractical. NexGlobal does not voluntarily report Users to regulators absent a legal requirement. Any regulatory or legal consequences arising from User misuse remain the User's responsibility. This clause reflects NexGlobal's legal obligations and does not expand liability.
6.6 Preservation of Evidence
In connection with monitoring or enforcement activities, NexGlobal may preserve logs, records, or other evidence relevant to suspected violations. Preservation may be required to comply with legal obligations or to protect NexGlobal's rights. Such records may be retained for as long as reasonably necessary. Users may not demand deletion of preserved records where retention is lawful. Evidence preservation supports accountability and dispute resolution.
6.7 No Waiver of Rights
Failure by NexGlobal to enforce this AUP in a particular instance does not constitute a waiver of its rights. NexGlobal may enforce this AUP at any time and in any sequence. A single enforcement action does not limit future enforcement. All rights and remedies are cumulative and may be exercised independently. This clause ensures ongoing enforceability.
7. Consequences of Violation
Violations of this Acceptable Use Policy are treated seriously due to the regulatory, legal, and reputational risks associated with misuse of compliance screening technology. NexGlobal provides NexScreening on the basis that it will be used responsibly and in accordance with this AUP. Any breach undermines that basis and may justify immediate corrective action. Consequences are designed to protect the platform, affected individuals, NexGlobal, and other users, rather than to punish. The measures described below are cumulative and may be applied individually or in combination depending on the nature and severity of the violation.
7.1 Suspension or Restriction of Access
NexGlobal may suspend or restrict access to NexScreening, in whole or in part, where a violation of this AUP is identified or reasonably suspected. Suspension may apply to specific users, accounts, API keys, features, or integrations. Access may be restricted temporarily or permanently depending on risk assessment. NexGlobal is not required to provide advance notice where immediate action is necessary to prevent harm, security risks, or legal exposure. Suspension does not relieve the User of existing contractual obligations. Restoration of access is at NexGlobal's sole discretion.
7.2 Termination of Services
Serious or repeated violations of this AUP may result in termination of the User's access to NexScreening in accordance with the EULA. Termination may occur without prior warning where the violation poses significant legal, regulatory, or security risk. Termination does not entitle the User to refunds, credits, or compensation unless expressly stated in a separate agreement. Following termination, the User must immediately cease all use of the Services. Obligations relating to confidentiality, liability, and data protection survive termination.
7.3 Revocation of Credentials and API Keys
In response to misuse, NexGlobal may revoke or rotate credentials, API keys, or access tokens associated with the User. Revocation may occur without notice where necessary to protect system integrity or prevent further misuse. The User is responsible for updating any dependent systems or integrations. NexGlobal is not liable for operational disruptions resulting from credential revocation caused by AUP violations. Credential control is a core enforcement mechanism.
7.4 Contractual Remedies
Violations of this AUP may constitute a breach of the EULA or other applicable agreements. NexGlobal reserves all contractual rights and remedies, including claims for damages, indemnification, or injunctive relief, where applicable. The existence of enforcement actions under this AUP does not limit NexGlobal's ability to pursue other remedies. Contractual remedies are subject to agreed limitations of liability. This clause preserves NexGlobal's legal position.
7.5 Regulatory and Legal Consequences
Misuse of NexScreening may expose the User to regulatory investigations, enforcement actions, fines, or legal claims by third parties. NexGlobal does not assume responsibility for such consequences. Where legally required, NexGlobal may cooperate with authorities or comply with lawful requests relating to misuse. Any regulatory or legal consequences arising from the User's conduct remain the User's responsibility. This reflects the controller-level accountability principle.
7.6 No Liability for Enforcement Actions
NexGlobal is not liable for losses, damages, or business disruption arising from enforcement actions taken in good faith under this AUP. Enforcement actions are taken to protect lawful operation of the Services. Users acknowledge that misuse may necessitate immediate corrective measures. This clause limits claims arising from enforcement. It does not limit liability where exclusion is prohibited by law.
7.7 Documentation and Recordkeeping
NexGlobal may document violations, investigations, and enforcement actions for legal, audit, or compliance purposes. Such records may be retained for as long as reasonably necessary and in accordance with Applicable Law. Documentation may be required to defend NexGlobal's actions or respond to regulatory inquiries. Users may not require deletion of such records where retention is lawful. Recordkeeping supports accountability and transparency.
8. Relationship to Other Documents
This Acceptable Use Policy operates in conjunction with, and forms part of, the broader contractual and legal framework governing use of NexScreening. This includes, without limitation, the End User License Agreement (EULA), the Terms and Conditions, the Privacy Policy, the Privacy & GDPR contractual section, and the Data Processing Addendum (DPA). Each document governs a specific aspect of the relationship between NexGlobal and the User.
In the event of any inconsistency, the EULA and any executed order forms or subscription agreements shall prevail with respect to contractual rights and obligations. This AUP is intended to clarify acceptable behavior and usage boundaries, not to expand or reduce legal rights set out elsewhere. Compliance with this AUP does not relieve the User of obligations under other documents or under Applicable Law. Conversely, violation of this AUP may constitute a breach of other governing agreements. All documents should be read together as a coherent framework.
9. Changes to This Policy
NexGlobal may update this Acceptable Use Policy from time to time to reflect changes in law, regulatory guidance, security considerations, or the evolution of the NexScreening Services. Updates may also be required to address emerging misuse patterns or new risk scenarios. The most current version of the AUP will always be made available through NexGlobal's website or customer portal.
Users are responsible for reviewing updates to this AUP. Continued access to or use of NexScreening following publication of an updated AUP constitutes acceptance of the revised terms. If a User does not agree with an updated AUP, its sole remedy is to discontinue use of the Services. No individual notification is required unless mandated by law. This update mechanism ensures ongoing legal and regulatory alignment.
10. Contact and Reporting of Misuse
Users who have questions about this Acceptable Use Policy or who wish to report suspected misuse of NexScreening may contact NexGlobal using the details provided below. Reports may relate to suspected unauthorized access, security concerns, policy violations, or ethical misuse. NexGlobal will review reports in good faith and take appropriate action where warranted.
Contacting NexGlobal does not relieve Users of their own legal or regulatory obligations, including obligations to report incidents to authorities where required. NexGlobal does not guarantee individual feedback on reported issues but will assess reports as part of its risk management processes. Clear reporting channels support responsible use and platform integrity.
Company: NexGlobal Product: NexScreening Jurisdiction: Wyoming, United States of America Contact: legal@nexglobal.io