Acceptable Use Policy

Effective Date: February 15, 2020

For existing clients, this Acceptable Use Policy will be applicable to any usage of or access to the Services during a Subscription Term that begins or renews on or after February 15, 2020.

If your current Term is still in effect or renewed prior to February 15, 2020, the previous Acceptable Use Policy you agreed to is still applicable until the date that your Subscription Term renews and can be viewed here.

1. Our Policy

This Acceptable Use Policy (“AUP”) describes actions that Kustomer, Inc. (“Kustomer”, “we”, “us”, “our”) prohibits when you use its website and/or services (the “Services”). The terms “you,” “your,” and “yours” refer to the business customer (“Client”) and the individuals who it has authorized to use Services and for whom Client has purchased a subscription. The AUP is governed by our Terms of Service or other agreement entered between you and Kustomer (the “Agreement”). Such Agreement takes precedence over any conflicting AUP provision. BY USING THE SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AUP. IF YOU DO NOT AGREE TO THIS AUP PLEASE DO NOT USE THE SERVICES.

Kustomer may in its sole discretion determine whether you are in violation of this AUP. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or otherwise inappropriate manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. You are prohibited from using the Services as follows:

  • Adversely impacting the availability, reliability or stability of the Services and Kustomer’s services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or Kustomer’s services.
  • Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Kustomer, to any Client or its authorized users, or to any of their customers.
  • Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
  • Uploading, downloading, posting, submitting, transmitting or otherwise distributing or facilitating the distribution of any content on or through the Services that:
    • infringes, or may infringe, any patent, trademark, trade secret, copyright, or any other right of any other person or entity or violates any law or contractual duty, including but not limited to rights of publicity or otherwise violating, infringing or misappropriating the rights of any third party, including privacy rights;
    • you know is false, misleading, untruthful or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), including, but not limited to, violations of the CAN-SPAM Act or any other applicable anti-spam law or regulation;
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    • impersonates any person or entity, including any of our employees or representatives (via the use of an email address or otherwise) or otherwise misrepresents yourself or the source of any email;
    • includes sensitive financial information; or
    • includes certain information about a person’s health or health care services that is classified as protected health information under the U.S. Health Insurance Portability and Accountability Act (HIPAA), as amended, unless you have signed a Business Associate Agreement with Kustomer.
  • Using the Platform in any manner that violates any applicable third party policies or requirements that Kustomer has communicated to the customer or that Client is otherwise bound by in connection with its use of the Services, such as the third party policies of websites and/or services (e.g. Twitter, Facebook, etc.), that Kustomer enables Client to integrate with and access through the Services, including, without limitation, via application programming interfaces, workflows or webhooks).
  • Engaging in fraud with respect to your account.
  • Using your account to engage in fraudulent activity with respect to third parties.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the Platform any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Harvesting or otherwise collecting information about others through the Services without their knowledge or consent.
  • Interfering with or disrupting networks connected to the Platform or violating the regulations, policies or procedures of such networks.
  • Using the Platform, or a component of the Platform, in a manner that materially interferes with the business or activities of Kustomer or harms other Kustomer clients.

 

2. Other Prohibited Conduct

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted through the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); (iv) run any form of auto-responder or “spam” on or through the Platform; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page contained within the Platform or our website; (vi) harvest or scrape any content from the Platform; or (vii) otherwise take any action in violation of our guidelines and policies.

To the extent you use the Services for hosting, advertising, sending electronic messages or for the creation and hosting of, or for posting material on, websites powered by Kustomer, each Client must (i) comply with any notices received under the Digital Millennium Copyright Act of 1998 or similar statute in other countries (the “DMCA”), (ii) set up a process to expeditiously respond to notices of alleged infringement that comply with the DMCA, (iii) publicly display a description of your notice and takedown process under the DMCA, and (iv) comply with such processes. It is Kustomer’s policy to respond to valid notices of claimed copyright infringement compliant with the DMCA and reserves the right to remove allegedly infringing material in addition to the other remedies set forth in this AUP.

 

3. Remedies

In additional to any remedies set forth in the Agreement with respect to violations of this AUP, violation of this AUP may result in the immediate suspension of your account and access to the Services, civil and/or criminal liability, and Kustomer may, in addition to any remedy that it may have at law or in equity, terminate your account and subscription to the Services in the case of repeated or blant violations of this AUP. In such event, you are still liable for any and all outstanding charges accumulated through your use of the Services, including uses in violation of this AUP or the laws of any jurisdiction.

In addition, Kustomer may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to Kustomer stating that they have been harmed by your failure to abide by this AUP. Kustomer’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Kustomer’s rights hereunder.

 

4. Updates

Kustomer may update this AUP by posting an updated version at www.kustomer.com and such updates will be effective upon the later of the date indicated at the top of this AUP and thirty (30) days following such posting. Your continued access or use of the Services on or after the effective date of the changes to this AUP constitutes your acceptance of any updates. If you do not agree to any updates, you should stop using the Services.

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