Amperity Acceptable Use Policy

This Amperity Acceptable Use Policy (“AUP”) sets forth certain restrictions that apply to any party accessing or using any services provided by Amperity, Inc. or any of its affiliates (collectively, “Amperity”) to Customer under its agreement with Amperity for such Services (the “Agreement”).  Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement or the Documentation, as applicable. The examples and restrictions set forth in this AUP are not exhaustive. Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and this AUP, this AUP shall govern.

  1. Customer may not, and may not cause or permit others (including its Users) to:

    1. copy any ideas, features, functions, or graphics of the Services; or assess the Services in order to build a competitive product or service;

    2. modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, republish or copy any part of the Services (including, but not limited to, data structures or similar materials), or otherwise attempt to derive the source code, form, or structure of the Services;

    3. attempt to gain unauthorized access to any Services or any related systems, including those of Amperity’s subcontractors and other customers or users;

    4. bypass, exploit, defeat, or disable limitations or restrictions on the Services;

    5. send, store, upload, or otherwise transmit to, display in, or distribute from the Services any material that contains software viruses, malware, or malicious code or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment or that interferes with or disrupts the normal operation of the Services (including monitoring traffic or data) or networks connected to the Services;

    6. harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk email, junk mail, spam or chain letters; infringe property rights, including but not limited to any trademark, trade secret, copyright of any person;

    7. review the creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for the purpose of determining eligibility of a consumer for credit or fair employment purposes;

    8. to transact in, or facilitate activities related to, misappropriating another individual’s identity, including, but not limited to, improperly obtained credit card information or account credentials;

    9. perform cyber currency or crypto currency mining;

    10. perform or disclose any vulnerability testing of the Services; or

    11. otherwise violate applicable laws, ordinances, or regulations (including any exports, restrictions, national security controls and regulations).

  2. Except as otherwise allowed in the Agreement or with Amperity’s prior written approval, Customer may not, and may not cause or permit others (including its Users) to:

    1. copy, license, sell, transfer, make available, lease, time-share, commercially exploit, or distribute the Services to any third party;

    2. perform or disclose any benchmarking or availability testing of the Services;

    3. perform or disclose any comparative analysis or evaluations of the Services;

    4. perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, or remote access testing of the Services; or

    5. upload to the Services or include in any Customer Data any patient, medical, or other protected health information that is regulated by the Health Insurance Portability and Accountability Act (“HIPPA”) or any other similar laws, rules, or regulations.

Customer agrees to immediately report any violation of this AUP to Amperity and provide cooperation, as requested by Amperity, to investigate and remedy that violation. In addition to any rights that Amperity has in the Agreement, Amperity has the right to take remedial action if this AUP is violated, up to and including removing or disabling access to the violating material or suspending or terminating Customer or its User’s access to the Services. Amperity shall have no obligation to assess the contents or accuracy of Customer Data, including to identify information subject to any specific legal, regulatory, or other requirement, including but not limited to export control. Customer is solely responsible for the use and confidentiality of its Users’ credentials. Customer is responsible for making an independent determination as to whether its use of the Services will meet Customer’s requirements and legal obligations under applicable law. Customer will collect and maintain all personal data contained in the Customer Data in compliance with applicable data privacy and protection laws.

This AUP may be updated by Amperity from time to time upon reasonable notice, such notice may be provided via email, through the Services, or by posting an updated version of this AUP.

Last Updated: February 6, 2024