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Terms of Use

Last updated: March 24, 2022

This Terms of Use Policy describes the actions that Upfocus Inc. prohibits when anyone uses the Upfocus Inc. Services. The Upfocus Inc. Services may not be used in any illegal, abusive, or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited uses. This list is provided by way of example and should not be considered exhaustive:

  1. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services, which includes, but is not limited to:
    • You may not use the Services for unsolicited advertising, marketing, or other activities, without limitation, and activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act;
    • You may not use the Services to collect or process special categories of personal data or personal data relating to criminal convictions and offences of EU citizens (as defined in the GDPR) other than in compliance with the provisions of applicable data protection law, including but not limited to the GDPR;
    • You may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations).
  2. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes or otherwise reverse engineering the Service.
  3. Unless authorized by Upfocus Inc. in writing, you may not resell the Services or permit third parties to use the Services or Website.
  4. You may not make unauthorized copies of any content in the Services or Website.
  5. You may not misuse our Services by attempting to access them using a method other than through the interfaces and instructions that we provide, including, but not limited to:
    • any manual or automated system or software to extract or scrape data from websites or other interfaces through which we make our Services available;
    • register accounts by “bots” or other automated methods;
    • bypassing restrictions we apply to your account.
  6. Unless authorized by Upfocus Inc. in writing, you may not probe, scan, tamper, or test the vulnerability of any Upfocus Inc. system or network.
  7. You may not engage usage of the Services which adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Upfocus Inc. will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Upfocus Inc..
  8. You may not use the Services to upload, display, send, or store malicious software or Data
    • that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information;
    • that infringes any copyrights, trademarks, patents, trade secrets, or other intellectual property rights;
    • that is racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames, or abuses others;
    • that exploits images of children under 18 years of age;
    • that contains or contains links to third-party services, nudity, pornography, obscene content, sex, profanity, or foul language (except for legal and valid research purposes with Upfocus Inc. prior written consent);
    • that are binary files or executable code.
  9. You may not use the Services to collect Data in a manner that is out of compliance with your entity’s internal policies.

Consequences for violating our acceptable use policies

  1. Violations by you, your company, or any other party authorized to access and use the Services, including by Third Party Users, may result in:
    • Immediate removal of offending Data, or
    • Blocked access to, or partial, or full suspension of the Service, or
    • Other reasonable actions appropriate to address the violation, as determined by us in our sole discretion.
  2. We shall endeavor to contact you so that violations may be addressed voluntarily by you, however, we reserve the right to act without notice when necessary to preserve the stable, secure, and uninterrupted operations of the Service, as determined by us in our sole discretion.
  3. You may be requested by us to bring the offending or breaching data into compliance. Any costs incurred by you in conjunction with the request is borne solely by you and your company.
  4. We may involve, and will cooperate with, law enforcement agencies and government agencies if criminal activity is suspected. Violations may also be subject to civil or criminal liability under applicable law.