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Acceptable Use Policy

Important Note: The official language of all Tulip contracts and other legal documents is English, which shall prevail over any other language used in any translated document.

Last updated: June 10, 2022

Important Note: The official language of all Tulip contracts and other legal documents is English, which shall prevail over any other language used in any translated document.

Applicability. This Acceptable Use Policy (“AUP” or “Acceptable Use Policy”) applies to the use of any product, service or website provided by Tulip Interfaces, Inc. (“Tulip” or “we”), whether we provide it directly or use another party to provide it to you (each, a "Service"). By using any Service, you are agreeing to this AUP. This AUP applies to anyone who uses any Service (“you”), whether as a customer of Tulip, as an employee or other person or entity that is provided access to the Services directly or indirectly by a customer of Tulip (“Users”), or as a partner or another person or entity provided access to the Services by Tulip, and also supplements any written agreement between Tulip and a customer or partner. By accessing or using the Services, you acknowledge that you are authorized to enter into this AUP and have read, understand and agree to comply with the terms of this AUP, will cause your Users, if any, to comply with this AUP, and will be responsible for violations of this AUP by your Users, if any.

Changes to this AUP. We periodically update this AUP, and we will let you know when we do by posting a revised copy on our website. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. You agree to review this AUP on a regular basis and always remain in compliance. Your or your Users’ continued access or use of the Services after the posting of such revised terms constitutes the customer’s agreement to comply with and to be bound by such revised terms. In the event of any conflict between this AUP and any other policy or agreement referenced herein, this AUP shall govern in the absence of specific language to the contrary in such policy or agreement.

Our Rights. We may suspend or terminate your use of any Services without notice or liability for violations of this AUP. If a customer does not agree to this AUP, then the customer shall have no right to use the Services and shall cease all use of the Services. We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights. Without affecting any other remedies available to us, Tulip may permanently or temporarily terminate or suspend a customer’s or a User’s account or access to the Services if Tulip (in its sole discretion) determines that the customer or User has violated this Acceptable Use Policy.

Conduct, Acknowledgment, Obligations. This AUP is not meant to be exhaustive but sets forth examples of conduct deemed by Tulip to be inappropriate, improper or harmful to Tulip’s network and/or Services and thereby prohibited. By accessing or using the Services, you acknowledge that you are authorized to enter into this AUP and have read, understand and agree to comply with the terms of this AUP, will cause your Users, if any, to comply with this AUP, and will be responsible for violations of this AUP by your Users, if any. If you do not agree to this AUP, then you shall have no right to use the Services and shall cease all use of the Services.

To keep the Services running safely and smoothly, we need you to agree not to misuse them. Specifically, you agree that you will (and will require that your Users, if any, will):

  • comply with all applicable laws, rules, and regulations in your use of the Services;

  • promptly notify us in writing of any known or suspected violation of this AUP; and

  • Not engage in any of the following Prohibited Behaviors.

Prohibited Behaviors. You will not (and will require that your Users, if any, will not):

  • Probe, scan, or test the vulnerability of any system or network used with the Services or breach any security or authentication measures;

  • Tamper with, reverse engineer or hack the Services, interfere with or disrupt the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data;

  • Modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity, normal operation, privacy, security, or performance of the Services or related systems, network or data, or another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations (“Another’s Property”);

  • Access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.

  • Attempt to gain unauthorized access to the Services;

  • Use the Services to gain unauthorized access to, use, monitor, make an unauthorized reference to, Another’s Property, unless you have the appropriate express prior consent to do so;

  • Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service;

  • Use the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Services;

  • Solicit any users of our Services for commercial purposes;

  • Use the Services in any way (directly or indirectly): (a) to generate, send, transmit, handle, distribute or deliver spam in violation of any law, unsolicited communications, or advertising, (b) in violation of the General Data Protection Regulation (GDPR); or (c) that otherwise causes Tulip to become impaired in its ability to send communications on its own or on its customers’ behalf;

  • Use the Services in a way that causes or may cause any Tulip IP addresses, Tulip domains, or Tulip customer domains to be placed on a “deny list;”.

  • Misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Tulip or any third party) or access the Services via another user’s account without their permission;

  • Use the Services for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);

  • Use the Services to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our Services;

  • Use the Services to stalk, harass, bully or post threats of violence against others;

  • Access or use Services in a United States embargoed country or in violation of any applicable export law or regulation (including any United States export laws and regulations);

  • Submit (or post, upload, share, add or otherwise provide) data, content or other information that (i) infringes Tulip’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Tulip’s discretion; (iii) contains viruses, bots, worms, scripting exploits, security vulnerabilities, malware or other similar materials; or (iv) that could otherwise cause damage to Tulip or any third party;

  • lease, distribute, license, sell or otherwise commercially exploit the Services or make the Services available to a third party other than as contemplated in a separate written agreement with Tulip;

  • use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party;

  • provide to third parties any evaluation version of the Services without our prior written consent.

  • permit or encourage anyone else to commit any of the actions above; or

  • Directly or indirectly use the Services with content, or in a manner that:
    • is threatening, abusive, harassing, stalking, or defamatory;

    • is deceptive, false, misleading or fraudulent;

    • is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);

    • contains vulgar, obscene, indecent or unlawful material;

    • infringes a third party's intellectual property right(s);

    • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;

    • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;

    • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

    • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

    • restricts or inhibits any other user of the Services from using and enjoying our website and/or the Services;

    • harvests or otherwise collects information about others, including email addresses, without their consent;

    • violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);

    • is legally actionable between private parties;

    • is not a good faith use of the servicer; and/or

    • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations; or

    • promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

General. Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Services, regardless of whether the Services is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Services.

The restrictions set forth in this AUP apply regardless of your intent and whether or not you act intentionally or unintentionally.

You will use the Services for your internal business purposes only.

Tulip Trademark Use. Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Services, or any identifier or tag generated by the Services, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification or partnership with us, certification or endorsement by us, or your role in any other representative capacity with respect to us. You also agree not to remove or alter any of these items as we may have provided or enabled.

Developer Policy and API Licensing. If you use any of our Application Programming Interfaces (APIs) or the documentation relating thereto, you will comply with our API Licensing Agreement at https://tulip.co/legal/api-license-agreement/. If you create any content for use with our Services, you will comply with our Developer Policy at https://tulip.co/legal/developer-policy/.

Disclosure. You acknowledge we may disclose information regarding your use of any Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.