Acceptable Use Policy (AUP). Licensee acknowledges and agrees that Applied does not monitor or police the content of communications or data uploaded to or transmitted through its Software (though Applied reserves the right to do so) and that Applied shall not be responsible for the content of any such information or transmissions. Licensee shall use the Software exclusively for authorized and legal purposes, consistent with all applicable laws and regulations. Licensee and its users will not load into, or transmit through, the Software any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains Malicious Code (defined as viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents, or programs), (c) violates the rights of others, such as data which infringes on, or misappropriates, any intellectual property rights or violates any right of privacy or publicity, or (d) otherwise violates any applicable law (including, without limitation, the laws and regulations governing unfair competition).
The Software may include messaging capabilities (e.g. by text or email) and in such cases Licensee shall not use such features of the Software: (a) to access or allow access to emergency services personnel or public safety answering points such as 911 or E911 services; (b) in any manner that violates privacy, marketing, and data and consumer protection laws such as Personal Information Protection and Electronic Documents Act (SC 2000, c 5) in Canada (PIPEDA), and the Gramm–Leach–Bliley Act (GLBA), FTC Act, California Invasion of Privacy Act (CIPA) and similar federal, state, and provincial laws; (c) in any manner that violates telecommunications and marketing industry standards, any third party policies including all of the applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), the Mobile Marketing Association, or any other accepted industry associations, wireless carrier guidelines, or any similar or analogous industry standards, third party policies or requirements in the applicable jurisdiction, or requirements that Applied may communicate to Licensee including any usage requirements; (d) to engage in any unlawful or unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations such as the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (TCPA) and the Do-Not-Call Implementation Act in the United States, Canada’s Anti-spam Legislation (CASL), or any similar or analogous marketing, anti-spam, data protection, or privacy legislation in the applicable jurisdiction; (e) in connection with any unsolicited or harassing messages (commercial or otherwise), phone calls, SMS or text messages, voice mail, or faxes, including those in violation of an opt-out request; (f) to harvest or otherwise collect information about others, including email addresses or phone numbers; (g) to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as amended; or (h) to create a false identity or forged email address or header, or phone number, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message. In the case of text messaging, each phone number must have at least two (2) transmissions, which transmissions may be in the form of an inbound or outbound SMS message.
Applied reserves the right to delete, move, or edit any data that Applied may determine, in its sole but reasonable discretion, violates this AUP or is otherwise inappropriate.
Last Revised March 31, 2022