Acceptable Use Policy
Last updated December 11, 2023
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the cloud and web-based services or compute resources provided by CR8DL (the “Services”)offered by CR8DL Inc., a Delaware corporation (the “CR8DL”) and the websites located at https://www.cr8dl.ai/ and/or https://origin.cr8dl.ai/ (the “Website”, and together with the Services, the “Platform”). This Policy applies to you, the end user of the Platform (“you” or “User”) and, if applicable, your employer or other entity that you represent(collectively, “Customer”), pursuant to the Terms of Service located at https://www.cr8dl.ai/terms-of-service/, or any subscription agreement, enterprise user agreement, SaaS agreement or similar agreement for the Services between Customer and CR8DL (such Terms of Service or any such agreement, a “Customer Agreement”). Capitalized terms used but not defined herein will have the meanings ascribed to them in the Customer Agreement.
By using the Platform, Customer agrees to abide by this Policy and to remain in compliance at all times while using the Platform. CR8DL may modify this Policy at any time by posting a revised version on the Website.
Customer Account
To access the Services, Customer must create an individual user account (tied to its Customer Agreement, if applicable) associated with a single valid email address (a “Customer Account”). 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 the Customer 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 Content
Customer is solely responsible for the development, content, operation, maintenance and use of any Customer Content, including (i) its technical operation, such as ensuring compatibility of calls to particular Services 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 Content and the Platform; (iii) any claims relating to the Customer Content; and (iv) proper handing and processing of notices sent to Customer by any person or entity claiming that the Customer Content violates their intellectual property rights, including notices pursuant to the Digital Millennium Copyright Act. CR8DL is not responsible for the accuracy of the Customer Content, including the output of jobs utilizing the Services, and its suitability for any desired use or purpose.
Furthermore, Customer is solely responsible for undertaking measures to: (i) prevent any loss or damage to Customer’s applications or server content; (ii) maintaining independent archival and backup copies of Customer Content, Customer applications or server content; and (iii) ensuring the security, confidentiality and integrity of all Customer Content, 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 Customer or any third party for loss, damage or destruction of any of Customer Content. Customer shall not use the Platform in any way that impairs the functioning or operation of the Platform, as determined in CR8DL’s sole discretion. Specifically by way of example and not as a limitation, Customer shall not use the Platform 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. Customer acknowledges and agrees that CR8DL has the right to carry out a forensic examination in the event of a compromise to Customer’s server or account.
Use of the Services
Customer is responsible for properly configuring and using the Services, and for taking steps to maintain appropriate security, protection and backup of the Customer Content (which steps may include the use of encryption technology to protect the Customer Content from unauthorized access, as well as routine archiving of the Customer Content). Customer’s log-in credentials and private keys generated to facilitate use of the Services 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 Services. The Services are only available to customers in the USA.
Support
CR8DL makes certain information, documentation and support available for users of the Services 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 Platform 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):
1. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services, or child pornography.
2. 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.
3. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
4. Content that is libelous or 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.
5. 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 Platform 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:
1. 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.
2. Monitoring of data or traffic on a System without permission.
3. 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:
1. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
2. 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.
3. 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.
4. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
5. 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.
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 Policy, including any misuse of the Platform. 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 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 Policy 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 Customer becomes aware of any such violation Customer will immediately notify CR8DL at support@cr8dl.ai.
