Acceptable Use Policy (formerly Terms of Use)

This Acceptable Use Policy, formerly Terms of Use, (this “Policy”) describes acceptable and prohibited use of and access to the Data Method, Inc. (“Datamethod”) website at https://www.datamethod.com and Datamethod’s software products, software-as-a-service solutions, customer support, and consulting services (collectively, the “Services”). By accessing and/or using the Services, you agree to comply with the latest version of this Policy.

Prohibited Content and Use

The Services allow you to upload, transmit and use certain information (“Content”) in connection with your and your organization’s use of the Services. You are responsible for the Content you provide (including its accuracy) and for your use of Content and the Services.

You may not upload, transmit or use Content or otherwise access or use the Services in any manner for which they were not intended or in any manner that is unauthorized, illegal, harmful, fraudulent, infringing or offensive. For example, you may not provide or use Content or access or use the Services in any manner that:

  • Is unauthorized by Datamethod and, if applicable, your organization, or that otherwise violates the terms of this Policy, Datamethod’s Privacy Policy, and any agreement between you or your organization and Datamethod or a third party;
  • Violates any third party’s rights, including copyright, trademark, patent, trade secret, moral rights, right of privacy or publicity, or other intellectual property or proprietary right;
  • Violates any applicable law or regulation, including applicable industry regulation;
  • Uses or results in false or inaccurate data or that is or could be viewed as deceptive, defamatory, indecent, obscene, discriminatory, harassing, solicitous, abusive, or otherwise objectionable;
  • Causes or enables the transmission of unsolicited mass email, promotions, solicitations or other messages or otherwise abuses any email or other communication features of the Services; or
  • Assists or enables others to do any of the foregoing.

For the avoidance of doubt, the foregoing prohibitions include, but are not limited to, any use of the Services to (i) audit items not specified in the applicable agreement between you or your organization and Datamethod, and (ii) submit, process, audit, produce or support false, fraudulently altered or intentionally misrepresentative claims, samples, results or reports.

The Services are owned by Datamethod and its licensors, and the integrity and security of the network and other information technology infrastructure maintained by Datamethod are critical to the proper functioning of the Services. Accordingly, in connection with your access to and use of the Services, and except as otherwise expressly authorized by Datamethod in writing, you may not:

  • Access or use the Services as someone other than yourself;
  • Remove or modify any copyright, trademark or other proprietary notice that appears on any portion of the Services or on any materials printed or copied from the Services;
  • Reformat or frame any portion of the Services;
  • Integrate any part of the Services with any other system or software application;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services;
  • Reverse engineer, disassemble or decompile any software included in the Services;
  • Use any robot, spider, site search/retrieval application, RPA tool or other automated device, process or means to access, use, retrieve, scrape or index any portion of the Services;
  • Record, process or mine information about other users of the Services;
  • Interfere with the proper functioning of the Services, including by taking any action that imposes or may impose an unreasonable or disproportionately large load on Datamethod’s networks or other technology infrastructure or otherwise make excessive traffic demands of the Services;
  • Introduce any Content or computer technology that may damage, interfere with, intercept or expropriate any system, program or data, including viruses, Trojan horses, worms, time bombs, denial-of-service attacks or cancelbots;
  • Engage in any vulnerability, authentication or other security testing or performance benchmarking;
  • Use any means to avoid any authentication requirements or usage limitations placed on the Services, or otherwise circumvent, disable, damage or interfere with any security-related features of the Services; or
  • Assist or enable others to do any of the foregoing.

Monitoring and Enforcement

The restrictions described in this Policy apply to the fullest extent permitted by applicable law. While assuming no obligation to do so, Datamethod reserves the right in its sole discretion to investigate, determine, and take action in response to any violations of this Policy or misuse of the Services. For example, Datamethod may:

  • Investigate and take any action to prevent any security threat, fraud or other illegal, malicious, inappropriate or unauthorized activity in connection with the Services;
  • Remove, disable access to, or modify any Content or other resource that Datamethod believes violates this Policy, the Privacy Policy or any agreement between you or your organization and Datamethod;
  • Suspend or terminate your access to and use of the Services;
  • Pursue any other remedy available to Datamethod under applicable law or any agreement between you or your organization and Datamethod;
  • Report any activity that it suspects violates applicable law or regulation to law enforcement officials, regulators or other appropriate third parties; and
  • Cooperate with law enforcement agencies, regulators or other appropriate third parties in connection with any investigation or prosecution of illegal or prohibited activities.

If you become aware of any violation of this Policy, you agree to notify Datamethod immediately and to assist Datamethod, as reasonably requested, in its investigation and remediation of the violation.

Modifications to This Policy. Datamethod reserves the right to modify or supplement this Policy at any time. The applicable modification date is set forth below. A link to the most recent version of this Policy will appear on Datamethod’s website and in the Datamethod platform.

Contact. If you have any questions about this Policy or to report a violation, please contact Datamethod at: compliance@datamethod.com

Current as of September 12, 2018.