Acceptable Use Policy
Effective Date: 02/13/2023
Point One Navigation, Inc.
This Acceptable Use Policy (“AUP”) supplements and is pursuant to the Terms and set out the terms under which Point One Navigation, Inc. (“Point One”) agrees to license its Services to the person or entity reading and agreeing to this AUP (the “Customer” or “you”).You signify your agreement to these AUP by signing the Order Form or by using the Services in any way. The examples described in this AUP are not exhaustive. Customer is responsible for its Authorized Users’ compliance with this AUP. If Customer or any Authorized User violates this AUP, Point One may suspend Customer’s use of the Services. This AUP may be updated by Point One from time to time upon reasonable notice, which may be provided via Customer’s account, e-mail, or by posting an updated version of this AUP at https://pointonenav.com/aup . Any terms we use in this AUP without defining them have the definitions given to them in the Order Form or Terms. Violations of this AUP (including any prohibited content or communications) may be reported to email@example.com. Customer agrees to immediately report any violation of this AUP to Point One and provide cooperation, as requested by Point One, to investigate and/or remedy that violation.
- Updates and Modifications to the Services. If Point One provides you with any upgrades, patches, enhancements, modifications or fixes for the Services (including for its API, SDK or software), then all items that are so provided will become part of the Services, respectively, and subject to this Agreement. Notwithstanding the foregoing, Point One shall have no obligation under this Agreement to provide any such upgrades, patches, enhancements, fixes or any other support for the Services.Point One will use reasonable efforts to give you prior written notice, but is under no obligation to do so. You further acknowledge and agree that the Services may be backwards compatible for only major versions or releases, and that Point One may cease its support of old versions or releases of the Services.
- Third-Party Services. Customer acknowledges and agrees that the Services operates on or with or uses application programming interfaces (APIs) and/or other services (such as hosting services) operated or provided by third parties (“Third Party Services”). Customer acknowledges and agrees that if Customer elects to use any Third Party Services with the Point One Services, Customer shall be solely responsible for procuring any and all rights necessary for it to access Third Party Services and for complying with any applicable terms or conditions thereof. Point One is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions. For the avoidance of doubt, such third parties are not Point One’s subprocessors. Point One does not make any representations or warranties with respect to Third Party Services or any third party providers.
- Customer Responsibilities.
- User Accounts and Access Codes. To use or access the Services, each Customer must register for a User Account which may be accessible via Access Codes.Customer is responsible for all use of the Services, including any use of its Access Codes. Point One is not liable for any acts or omissions by you in connection with your User Accounts. You agree to notify us immediately if you know or have any reason to suspect that your User Accounts have been accessed without your authorization or that any of the associated Access Codes have been stolen, misappropriated, or otherwise compromised. You agree to comply with all reasonable requests we may make to change your Access Codes and to otherwise secure the Services.
- Equipment. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like, and any Point One Products purchased by you (collectively, “Equipment”). You are responsible for maintaining the security of the Equipment, User Accounts, Access Codes, and for all uses of User Account or the Equipment with or without your knowledge or consent. As part of the registration process, you will identify User Accounts and Access Codes to access the software. Point One reserves the right to refuse registration of, or cancel Access Codes it deems inappropriate. You must protect the confidentiality of such Access Codes. You may not sell, transfer, sublicense or otherwise disclose Access Codes to any party other than those expressly permitted by this Agreement.
- Restrictions on Your Use of the Services. You agree that your use of the Services is subject to the following conditions:
- You will not use the Services in connection with any Customer Applications to transmit or store any content or communications that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, including illegal gambling, adult media (i.e., pornography), pirated content, tobacco products (including without limitation e-cigarettes), firearms or ammunition, or any other product that is illegal in the jurisdiction in or into which it is sold or promoted. For any military use of the Services, Point One requires a specific military license; please contact Point One for additional information at firstname.lastname@example.org;
- You will not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to Point One’s business operations or reputation, including (i) violating laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction; (ii) interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services; or (iii) 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;
- You will only use the Services in connection with Customer Applications that you own and operate, and shall not sell, transfer, license, encumber, sublicense, give, rent, loan, lease, or otherwise make the Services or their components available to any third party without Point One's prior express written consent;
- You shall not use the Services to develop or test other global positioning and navigation satellite system APIs or technologies in competition with any Point One products or services;
- You shall not work around any explicit Services limitation and shall comply with any applicable limitations on device pairing, frequency of access, calls and use of the Services in accordance with your Order Form or other Documentation provided by Point One from time to time. Point One expressly reserves the right, at its sole discretion, to limit the number of device pairings and/or frequency of API requests;
- You shall not (i) alter, hide, obscure, or remove any copyright, trademark, or other intellectual property rights notice contained in the Services; (ii) modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Company or authorized within the Services); (iii) reverse engineer, decompile, disassemble, or otherwise translate or derive the source code for the Services, or attempt to do so (except to the limited extent such restrictions are prohibited by applicable statutory law); (iv) use the Services to create any software or service containing any malicious or harmful code; (v) use the Services to damage, detrimentally interfere with, surreptitiously intercept, or misappropriate any system or data; or (vi) use the Services in violation of any applicable law or regulation; (vii) use the Services or any software for timesharing or service bureau purposes or otherwise for the benefit of a third party;
- You shall not violate the integrity of the Services, including (i) attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services, (ii) finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities; (iii) disabling the Services by launching a denial of service attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services; (iv) transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services; or (v) attempting to gain unauthorized access to the Services;
- You shall not use the Services in any manner that deficiencies, omissions, inaccuracies or errors could result in death, loss, damages, or injury. You must make your own judgment about the accuracy of results provided by the Services; and
- Although Point One has no obligation to monitor your use of the Services, Point One may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.