Acceptable Use Policy

 

Last Updated: July 21, 2021

Capitalized terms not otherwise defined in this Acceptable Use Policy shall have the meanings afforded them in the Terms of Service available to view at www.edify.cx/tos as the same may be updated from time to time.

 

This Acceptable Use Policy describes rules that apply to any Customer or End User using any Services provided by Edify Labs, Inc. or any of its affiliates (collectively, “Edify”). An “End User” means any User (as such term is defined in the Terms of Service), or other user of any and all Edify provided Services, including the Edify website, and any user of any software application or service made available by Customer that interfaces with the Services. The examples described in this Acceptable Use Policy are not exhaustive. Customer is responsible for its Users’ compliance with this Acceptable Use Policy. If Customer or any End User violates this Acceptable Use Policy, Edify may suspend their use of the Services.

 

As the Edify API, Products and Services continue to undergo development (among other things, through the implementation of new technologies or the introduction of new services) this Acceptable Use Policy may need to be adjusted accordingly. Edify reserves the right to amend or supplement this Acceptable Use Policy, as required, by publishing a new version here. It is the Customer and End User’s responsibility to familiarize itself with the latest version, and by continuing to use the Services, you are deemed to consent to any such changes in the Acceptable Use Policy.

 

Customer shall be solely responsible for determining and familiarizing itself with – and seeking its own legal counsel regarding - all applicable laws, regulations, or industry standards or guidance (“Applicable Laws”, and as further defined below) and contractual obligations that might apply to Customer or the use of the Services. Edify shall have no obligation to provide legal advice of any kind to the Customer, and the Customer shall not treat or rely on any statements, communications, or materials of Edify as such.

 

Services may be used only for lawful, proper and appropriate purposes.

 

No Inappropriate Content or Users. Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. This prohibition includes use of the Services by a hate group or content or communications that originate from a hate group or are exploitive, abusive, or hate speech.

 

Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to Edify’s business operations or reputation, including, without limitation:

  • Violations of Applicable Laws.  This includes violating Applicable Laws requiring (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications.
  • Unacceptable Behavior. Engaging in criminal, unlawful, threatening, abusive, harassing, defamatory, libelous, malicious, deceptive, or fraudulent behavior.
  • Interference with the Services. Interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services.
  • Robocalls. Sending unsolicited calls, messaging, emails, continuous or extensive call forwarding, continuous connectivity, fax broadcast/blasting, telemarketing, predictive dialing, auto-dialing or predictive-dialing (sometimes referred to as “robo-calling”). Short duration calls (i.e. a call equal to or less than six (6) seconds in duration) or long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party.
  • Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the Services.
  • Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.

 

No Service Integrity Violations. Do not violate the integrity of the Services, including:

  • Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
  • Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
  • Disabling the Services. Any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
  • Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including trojans, worms, viruses or malware, spyware, adware, or similar programs, or using automated means, such as bots, to gain access to or use the Services.
  • Unauthorized Access. Attempting to gain unauthorized access to the Services.

 

Oversight of Agents. Customer shall (i) ensure that each log-in to the Edify Services is accessed and used solely by an authorized Customer User then-assigned to such extension, (ii) not designate as a User any individual over whom Customer lacks sufficient control (contractual or otherwise) to ensure compliance with this Acceptable Use Policy or allow any such individual to access or use the Services, and (iii) during the Term, instruct, oversee, and train its Users, other users, and its workforce as necessary to ensure Customer’s compliance with this Policy.

 

Data Safeguards. Customer is responsible for determining whether the Services offer appropriate safeguards for Customer’s use of the Services, including, but not limited to, any safeguards required by Applicable Laws, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications via the Services. Customer agrees that it shall promptly install all upgrades, bug fixes, patches, and other corrections relating to the Services made available by or on behalf of Edify.

 

Consequence of Violation. Violations of this Acceptable Use Policy, including any prohibited content or communications, may be reported to abuse@edify.cx. Customer agrees to immediately report any violation of this Acceptable Use Policy to Edify and provide cooperation, as requested by Edify, to investigate and/or remedy that violation. Edify reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities. Violation of this Acceptable Use Policy may result in civil or criminal liability, and Edify in its sole discretion, in addition to any remedy that it may have at contract, law or in equity, may immediately terminate permission for the End User or Customer to use the Services, or any portion of the Services, and may charge End User or Customer any applicable rates and cancellation or termination fees. In addition, Edify may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Edify stating that they have been harmed by a Customer’s or an End User’s failure to abide by this Acceptable Use Policy. Edify may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this Acceptable Use Policy. Any violations or attempted violations of this Acceptable Use Policy by any Customer or End User (or any third party on behalf of any End User) will constitute a violation of this Acceptable Use Policy and a material breach of any applicable Customer Agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable Agreement. Edify’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Edify’s rights.

 

IN NO EVENT WILL EDIFY BE LIABLE TO ANY END USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF EDIFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF EDIFY IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN EDIFY AND ANY APPLICABLE CUSTOMER OR END USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.

 

This Acceptable Use Policy will be read in connection with any written Agreement and not in conflict with any such Agreement. This Acceptable Use Policy, in connection with any such Agreement, supersedes any other oral or written representations or Agreements made by Edify and/or its representatives regarding the Services. If any provision of this Acceptable Use Policy is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Acceptable Use Policy will not be affected thereby.

 

As used herein, “Applicable Laws” includes all applicable United States, foreign, international, national, state, provincial, territorial, municipal, local, or other laws, regulations, codes, ordinances, treaties, conventions, writs, decrees, resolutions, promulgations, or court or administrative orders or rulings, network/wireless carrier requirements, and industry-standard frameworks (such as the Mobile Marketing Association Guidelines in the case of texting) that might apply to the Customer or End User’s use of the Services including, without limitation, as pertaining to infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, telemarketing or other inappropriate selling, data privacy (including, without limitation, the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), call recording (including, without limitation, the Electronic Communications Privacy Act of 1986, any state or federal laws pertaining to consent, including single party or multiparty consent laws, rules and regulations), or obscenity, as well as anti-spam and other laws and regulations regarding unsolicited advertising, marketing or other similar activities (including, without limitation, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act), import/export laws, limitations and regulations (including, without limitation, as relating to any U.S. or European Union embargoed country the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List or any other list under applicable export control laws and regulations or European Commission restrictive measures, or any similar law having jurisdiction over User), NPAC’s (Number Portability Administration Center’s) acceptable use of data policy, all applicable anti-bribery laws and regulations (including without limitation, the U.S. Foreign Corrupt Practices Act).