Acceptable Use Policy

Last updated July 22, 2023

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the platform (the “Platform”) offered by CR8DL Inc., a Delaware corporation (the “CR8DL”) and the websites located at https://www.cr8dl.ai/ and/or https://origin.cr8dl.ai/ (“Website”). This AUP applies to you the end user of the Platform (“You” or “User”) and CR8DL’s customer (“Customer”) pursuant to any subscription, enterprise user agreement, or SaaS agreement (“Customer Agreement”).

By using the Platform, you agree to abide by this AUP and to remain in compliance at all times while using the Platform. CR8DL may modify this AUP at any time by posting a revised version on the Website.

Customer Account

To access the Platform, Customer must create an individual user accounts (tied to their Customer Agreement, if applicable) associated with a single valid email address. Customer is responsible for all activities that occur under the Customer Account, regardless of whether the activities are undertaken by Customer, any User, or any other individual or entity. CR8DL is not responsible for unauthorized access to a Customer Account, except to the extent caused by CR8DL’s breach of this Agreement. Customer will contact CR8DL immediately if Customer believes that an unauthorized third party may be using its Customer Account, or if any related account information has been lost or stolen.

Customer Data

Customer is solely responsible for the development, content, operation, maintenance and use of any information which Customer makes available through the Platform, or is input or integrated into the Platform by or on behalf of Customer, its affiliates, Users, or other Customer Account user (collectively, “Customer Data”), including (i) its technical operation, such as ensuring compatibility of calls to particular services of the CR8DL Platform with the relevant CR8DL and third-party APIs, (ii) compliance with law, as well as with any applicable CR8DL policies regarding the usage of Customer Data and the CR8DL Platform; (iii) any claims relating to the Customer Data; and (iv) proper handing and processing of notices sent to Customer by any person or entity claiming that the Customer Data violates their intellectual property rights, including notices pursuant to the Digital Millennium Copyright Act. CR8DL is not responsible for the accuracy of the Customer Data, including the output of jobs utilizing the Platform, and its suitability for any desired use or purpose.

Furthermore, Customer is solely responsible for undertaking measures to: (1) prevent any loss or damage to Customer’s applications or server content; (ii) maintaining independent archival and backup copies of Customer Data, Customer applications or server content; and (3) ensuring the security, confidentiality and integrity of all Customer Data, Customer applications and server content transmitted through or stored on the Platform.

The Platform is not an archive and CR8DL shall have no liability to you or any other person for loss, damage or destruction of any of Customer Data or content. Customer shall not use the Platform in any way, in CR8DL’s sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

Use of the CR8DL Platform

Customer is responsible for properly configuring and using the services and other functionality offered via the CR8DL Platform, and for taking steps to maintain appropriate security, protection and backup of the Customer Data (which steps may include the use of encryption technology to protect the Customer Data from unauthorized access, as well as routine archiving of the Customer Data). CR8DL log-in credentials and private keys generated to facilitate use of the CR8DL Platform are for Customer’s personal use, and may not be sold, sublicensed or otherwise transferred to any other person or entity. Customer must comply with the terms of all licenses and technical documentation relating to the use of the CR8DL Platform. The CR8DL Platform is only available to Customer(s) in the USA.

Support

CR8DL makes certain information, documentation and support for users of the CR8DL Platform via its customer portal. CR8DL may make available additional support services, which would require a separate contract between CR8DL and Customer.


Content Restrictions

The Platform may only be used for lawful purposes. Customer may not use or instruct others to use (or encourage, promote or facilitate such use of) the CR8DL Platform or the CR8DL website for any illegal, harmful or offensive activity, including transmitting, storing, displaying, distributing or making available content that is illegal, harmful or offensive. Prohibited activities or content include (but are not limited to):

  • Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services, or child pornography.
  • Activities that may be harmful to others, or CR8DL’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  • Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Content that is defamatory, discriminatory, mean-spirited (including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups), obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Security Violations

Customer may not violate (or use the CR8DL Platform or the CR8DL website to violate) the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Monitoring of data or traffic on a System without permission.
  • Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route, or otherwise impersonating any person or entity including CR8DL and its employees or representatives.

No Network Abuse

Customer may not make network connections to any users, hosts, or networks unless it has permission to communicate with them. Prohibited activities include:

  • Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Initiating a Denial of Service (DoS) attack or otherwise inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

Messaging Abuse

Customer may not generate, distribute, publish or otherwise send (or facilitate the sending of) unauthorized or unsolicited mass e-mail or other messages, chain letters, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. Customer may not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission, and may not collect replies to messages sent from another internet service provider if those messages violate any of CR8DL’s policies or those of that provider.

Non-Circumvention

In addition to the above responsibilities and obligations, Customer may not otherwise circumvent or interfere with the intended operation of the CR8DL Platform. In particular, Customer may not attempt to (i) modify, alter, tamper with, repair or otherwise create derivative works of any component of the CR8DL Platform; (ii) reverse engineer, disassemble or decompile, or apply any other process or procedure to derive the source code of any component of the CR8DL Platform; (iii) access or use the CR8DL Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas. All licenses granted to Customer hereunder are conditional on continued compliance with this Agreement, and will immediately and automatically terminate upon a lack of compliance with any term or condition of this Agreement.

CR8DL Investigation and Enforcement

CR8DL reserves the right, but does not assume the obligation, to monitor Customer activity on the Platform, and investigate any violation of Customer’s obligations under this Agreement, including any misuse of the CR8DL Platform or CR8DL website. CR8DL may: (i) investigate such violations; (ii) suspend or terminate Customer’s access to the Platform (on a temporary or permanent basis, in CR8DL’s sole discretion), and/or (iii) remove, disable access to, or modify any content or resource underlying such violations, including any other agreement with Customer regarding use of the CR8DL Platform.

CR8DL may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate Customer information. CR8DL also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation
and prosecution of illegal conduct by providing network and systems information related to such alleged violations.

Reporting of Violations

Customer is responsible for promptly reporting to CR8DL any violation of the terms of this AUP or any Customer Agreement, whether committed by Customer, any User, other customers or any other person or entity, and, to the extent feasible, for terminating access to the Platform by any person or entity committing such violation. If you become aware of any such violation you will immediately notify us at support@cr8dl.ai.

Governing Law

This AUP, and your use of the Platform and the Website are be governed by and interpreted in accordance with the laws of the State of Arizona, excluding its conflict of law rules. You irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts of Delaware. In any litigation or arbitration related to this AUP, or your use of the Platform and the Website, the prevailing party shall receive reimbursement of its reasonable attorneys’ fees and costs from the other party. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR ACTION, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS RELATED HERETO.