ACCEPTABLE USE POLICY |
Last version: December 2023
This Acceptable Use Policy (hereinafter the “Policy“) is applicable to DEO’s Sales Enablement Tool and related services (hereinafter the “Platform”). The Platform is a solution designed and provided by DEO, a limited liability company (“naamloze vennootschap”) incorporated and existing under the laws of Belgium, with registered office at 3583 Beringen, Paalsesteenweg 170, Belgium, registered under VAT BE-0652.646.484.
The business customer of DEO (hereinafter the “Customer”), its administrators and users of (an account on) the Platform (hereinafter collectively referred to as “End Users”) acknowledge that the Policy shall apply in full and guarantee its obligations shall be respected.
By checking the “I agree with the Acceptable Use Policy” box in the Platform, the End-User (i) acknowledges and agrees that the use of the Platform and the provided Services are governed by this Policy and (ii) acknowledges to have read the terms of this Policy and agrees to such terms.
DEO may modify this Policy at any time by posting a revised version on the Platform and notifying the End User thereof, whereby DEO will indicate the revision date at the top of the first page of this Policy. By usingthe Platform, the Customer and End Users agree to the latest version of this Policy.
1. End User Accounts
1.1 The End Users are solely and fully responsible for (non-limited):
• Creating and managing (additional) user accounts;
• Ensuring no false or misleading information is being used for the user account;
• All use or abuse made of the account;
• The safe handling, storage, confidentiality and proper usage of the accounts.
1.2 Each End User shall have a designated account. No End User shall allow any other party, or share with any party, access to the Platform through its own account.
1.3 End Users shall apply all reasonable techniques, practices and/or technology (e.g. use of strong passwords that are regularly changed) to prevent unauthorized access to their personal account for the Platform by any other EndUser or third party. The End Users shall notify DEO promptly of any unauthorized access, and immediately employ all such means to stop the misuse (e.g. by changing their password).
2. Use of the Platform
2.1 By using the Platform, End Users represent and warrant to own or obtain all rights, consents or permissions necessary to upload the data on the Platform.
2.2 The End Users shall use the Platform as a normal and prudent person. In this regard, the End User commits to carefully follow the instructions of DEO and not to use the Platform for purposes deemed unlawful, unreasonable or illegal. End Users may, without the following list being exhaustive, not use the Platform to transmit, distribute, or store material in a manner that DEO believes:
• Modifies, alters, tampers with, or otherwise creates derivative works of the Platform;
• Reverse engineers, disassembles, or decompiles the (infrastructure of the) Platform;
• Is a breach of the intellectual property rights of DEO;
• Wilfully damages the security of the Platform and/or DEO;
• Is an attempt to gain unauthorized access to the Platform;
• Is abusive, deceptive, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any privacy, intellectual property, proprietary right of another;
• Advocates or induces illegal activity;
• Violates the applicable privacy legislation (such as, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’), Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘e-privacy directive’).
• Accesses or uses the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas;
• Interferes with or adversely affects the Platform or use of the Platform by other customers;
• Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Platform and any other accounts, computer systems, or networks connected thereto;
• Monitors or crawls a system so that such system is impaired or disrupted;
• Conducts denial of service attacks;
• Intentionally interferes with the proper functioning of any system, including any deliberate attempt to overload a system by any means;
• Operates network services like open proxies, open mail relays, or open recursive domain name servers;
• Uses means (manual or electronic) to avoid any use limitations placed on a system, such as access and storage restrictions;
• Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
• Is in general to be considered abnormal use of the Platform.
3. Monitoring and enforcement
3.1 End Users are solely responsible for exercising supervision and control over the accounts, the data, as well as the compliance of other users or third parties with all relevant policies (e.g. Privacy Policy) and procedures.
3.2 DEO reserves the right to monitor and enforce, but does not assume any obligation or responsibility whatsoever in respect of:
• monitoring or investigating (i) any of the End User’s access to, or use of the Platform (including the management of the accounts) or (ii) any of third parties authorized by the End Users to access the data.
• notify End Users of any misuse of the Platform or non-compliance under this Policy.
3.3 DEO may however:
• investigate violations of this Policy or misuse of the Platform;
• remove, disable access to, or modify any data or resource that violates this Policy or any other agreement DEOhas with the End User for use of the Platform; or
• report any activity that DEO suspects to be in violation of any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. DEO’s reporting may include disclosing appropriate user information and cooperating with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
3.4 If an End User becomes aware of any violation of this Policy, DEO should be immediately notified. The End User should subsequently provide DEO with assistance to stop or remedy the violation.
4 Disclaimer
4.1 Insofar as legally permitted, the Platform is provided “as-is” and “as available”. DEO grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform or the generated data.
4.2 DEO does not represent or warrant that (i) the Platform and the Services will be uninterrupted or error free, secure or that any defects or errors in the Platform will be corrected, nor that (ii) the information available on or transmitted by the service is true, complete or accurate.
4.3 Moreover, the End User acknowledges and agrees that there are risks inherent to transmitting data over and storing data in the Platform and that DEO is not responsible and cannot be held liable for any losses of the EndUser’s data.
4.4 The Platform contains certain statements, estimates and simulations with respect to the potential impact of asolution. Such statements, estimates and simulations are solely illustrative and reflect a theoretical model based on market data and various assumptions made, which may or may not prove to be correct. Therefore no warranties are made as to the accuracy of such statements, estimates and simulations. Any End User must satisfy himself as to all matters relating to statements, estimates and simulations contained in this application and must rely upon further enquiries and investigations in capturing local process data as a validation of the information contained herein. Accordingly, DEO does not accept responsibility for any information contained in the Platformnor the use made thereof and disclaims all liability to any person or entity arising out of or in connection with such information.
5 Consequences
5.1 DEO may immediately suspend the access of the End User to the Platform, or terminate the subscription of the Customer for cause without any compensation owed, if the Customer or End User (i) breaches this Policy and (ii) does not respond to DEO in a reasonable period after being contacted about a potential breach of this Policy. The foregoing is without prejudice to DEO’s right to seek compensation from the Customer and/or End User (or a third party) for damages resulting from unlawful, unreasonable, or illegal use.
6 Contact/notifications
6.1 Notifications to DEO can be submitted via support@deo.care.