Acceptable Use Policy

Updated: October 5, 2021

This Acceptable Use Policy (“AUP“) describes certain restrictions related to your use of websites owned or operated by WorkFusion, Inc. (“WorkFusion” or “we“), WorkFusion software hosted by or on behalf of WorkFusion, Inc. and provided to you as a service or managed services, as well as any cloud services provided by WorkFusion, Inc. (collectively, “Services“). Without affecting any other remedies available to us, we may permanently or temporarily terminate or suspend your access to the Services without notice of liability if we (in our sole discretion) determine that you have violated this AUP.

We may update this AUP from time to time in our sole discretion and the modifications will be effective upon their publication at https://workfusion.com/aup/. By using the Services, you agree to the latest version of this AUP.

Questions about this AUP and reports of violations of this AUP should be directed to legal@workfusion.com.

Laws; Harmful Content

You may not use the Services, or allow others to use the Services, to violate any applicable law or regulation, including, without limitation, data privacy laws or laws prohibiting: copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts (including in the support of or furtherance of sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or false advertising; and hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user.

In addition to, and without limiting the foregoing, you may not use the Services, or allow others to use the Services:

a. in connection with any content or in any way that we reasonably believe promotes, incites, or threatens violence; is in support of or furtherance of sex trafficking; contains harassing content or hate speech; violates any person’s rights to privacy or publicity; is misleading or deceitful; constitutes terrorism or trafficking in weapons or other illegal items; or is likely to result in retaliation against WorkFusion’s system, network, or employees, including, without limitation, behavior that results in any denial of service attack. It is WorkFusion’s policy to terminate the Services of users who are repeat infringers of intellectual property rights.

b. in violation of export laws, controls, regulations, or sanctions policies of the United States or your applicable jurisdiction, including, without limitation, by disclosing any information about the Services or the WorkFusion software to anyone located, organized, or resident in a country or territory that is, or whose government currently is, the target of countrywide sanctions imposed by any U.S. government sanctions authority, which as of September 21, 2021, are Cuba, Iran, North Korea, Syria and the Crimea region of Ukraine.

c. in a way that would allow access to the Services.by any person or entity involved with or suspected of involvement with: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including through any affiliation sponsors or supporters of the above activities.

High-Risk Use

You may not use the Services in any circumstance or fashion where a failure of the Services could result in death or physical injury.

Spam

If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Accordingly, a $500 charge per violation will be assessed as a reasonable estimate of the damages. The parties further agree that such $500 would not act as a penalty.

Overburdening Resources

You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. If your use of the Services materially exceeds the use by similarly situated customers, we may offer to move you to a different plan or charge you for the additional use. If you refuse, we may place restrictions on your use of the Services. You may not perform any vulnerability or penetration testing of WorkFusion’s network or systems, or any system or network that hosts the Services, including any hosted environment we have made available for your use, even if dedicated and not multi-tenant, without our prior written approval. You must not attempt to breach or circumvent the security of the WorkFusion network, systems, Services or Software.

Regulated and Sensitive Information

You may not use or, or allow others to use the Services, to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as defined under HIPAA), cardholder data protected under PCI DSS regulations (e.g. credit or debit card data), or other financial data (including any financial account details), unless WorkFusion and you have signed an agreement explicitly permitting such use. You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

Security Requirements

You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your authorized users and anyone to whom you provide access to the Services or the content you create using the Services.

Customer Content

You are responsible for any content you upload to, or otherwise use with, the Services and for your use of the Services in compliance with applicable laws, regulations and the agreement between you and WorkFusion for the Services (the “Agreement“). In order to provide the Services effectively and in accordance with applicable law and the Agreement, WorkFusion may monitor and record your use of the Services and you authorize WorkFusion to collect, store and use all such information in accordance with the privacy and other applicable provisions of the Agreement.