Apkudo Acceptable Use Policy

Last Modified: 31 March 2021

This Apkudo Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (Apkudo), whether we provide it directly or use another party to provide it to you (each, a "Apkudo Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the Apkudo Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Apkudo Service unless you agree to them. By using the Apkudo Service, you are agreeing to these terms.

  1. Reporting Suspected Violations
  2. No Disruption
  3. Proper Usage of the Apkudo Service
  4. Apkudo Trademark Use
  5. General Terms

If you are using any Apkudo Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate. We may also suspend or terminate your use of Apkudo Services pursuant to our Customer Terms of Service for violations of this AUP.

We periodically update these terms and we will let you know when we do through the Apkudo portal used to access your Apkudo subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. Reporting Suspected Violations

We encourage users of the Apkudo Service to report suspected violations of this AUP to us by emailing abuse@apkudo.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

2. No Disruption

You agree not to:

(a) use the Apkudo Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

(b) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;

(c) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service;

(d) attempt to gain unauthorized access to the Subscription Service;

(e) access the Subscription Service other than through our interface;

(f) use the Apkudo Service 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; or

(g) use the Apkudo Service in a way that causes or may cause any Apkudo IP addresses, Apkudo domains, or Apkudo customer domains to be blacklisted.

Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, or any malware, whether spyware, adware or other such file or program.

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

3. Proper Usage of the Apkudo Service

You will respect the limits that apply to your use the Apkudo Service.

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Apkudo Service 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);
  • • 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 Apkudo Service from using and enjoying our website and/or the Apkudo Service;
  • • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • • is legally actionable between private parties; and/or
  • • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5)
  • • encourages, promotes, facilitates or instructs others to engage in illegal activity;
  • • 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.

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 Apkudo Service, regardless of whether the Apkudo Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Apkudo Service.

You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Apkudo Service.

You will use the Apkudo Service for your internal business purposes and will not: (i) willfully tamper with the security of the Apkudo Service or tamper with our customer accounts; (ii) access data on the Apkudo Service not intended for you; (iii) log into a server or account on the Apkudo Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Apkudo Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Apkudo Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Apkudo Service or make the Apkudo Service available to a third party other than as contemplated in your subscription to the Apkudo Service; (vii) use the Apkudo Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Apkudo Service without our prior written consent.

4. Apkudo 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 Apkudo Service, or any identifier or tag generated by the Apkudo Service, 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 with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

5. General Terms

We may immediately suspend your access to the Apkudo Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any Apkudo 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.

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.

 We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://apkudo.com/legal/aup.html. If you have a Apkudo subscription, we will let you know through the Apkudo portal used to access your Apkudo subscription. If you do not have a Apkudo subscription, we will let you know by posting the 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. We encourage you to review this AUP periodically.