Eyko Acceptable Use Policy

Lasted updated: 2023-Aug-17

This Acceptable Use Policy (“AUP”) governs your use of the Services (as defined in your agreement with Eyko, Inc.). We may update this AUP from time to time, and it is your responsibility to periodically check for updates.

Acceptable Use

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular and without limiting the foregoing, the following is a representative, non-exhaustive list of acts that are prohibited:

• The use the Services for the purpose of benchmarking, developing a competitive or substitute product, service or offering, or recruiting for another website or service that offers competing functionality to the Services.
• The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
• Acts that may adversely affect the quality of other users’ experience or any use of the Services in such a manner as to interfere with, restrict, inhibit, degrade or limit use of or access to the Service by Eyko or our other customers or represent, in our sole judgment, an unusually great burden on the Services or network itself;
• Use in such a manner as to interfere with, restrict, inhibit, degrade or limit the security of the Service or our network;
• Actual or attempted unauthorized use or sabotage of the Services or any computers, machines or networks;
• Introducing malicious programs into the Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Engaging in any monitoring or interception of data not intended for you without authorization;
• Attempting to circumvent authentication or security of any host, network, or account without authorization;
• Submission of excessive or repetitive support requests that in our sole judgement including but not limited to instances where the user has not followed instructions that we have previously provided or made available;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
• Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Eyko in writing;
• Using any method, software, process, or program designed to collect identity information, authentication credentials, or other information available on or through the use of the Services or its underlying infrastructure, whether by scraping, crawling, or any other automated, technical or manual means;
• Sharing account credentials with another person or entity;
• Transmitting or receiving, uploading, using or reusing material that is illegal, abusive, indecent, defamatory, libelous, harassing, obscene, pornographic, or menacing, or a breach of confidence, privacy or similar third party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any rights of a third party, including, without limitation, any contract, intellectual property, privacy, personal, publicity or other rights worldwide;
• Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Falsifying user identification or other information;
• Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
• Impersonating any person or entity, including, but not limited to, an Eyko representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

You agree to indemnify and hold the us harmless against any and all damages, losses, costs or expenses (including but not limited to our reasonable internal and external attorney’s fees and the costs of enforcing this AUP) that we may suffer or incur arising out of or in connection your actions or inactions that violate this AUP in any way.

SPAM

Eyko enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Eyko may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

• Any call, video call, email, text, message, chat, or other communication that we determine in our sole discretion violates any federal, state or local law, rule or regulation, including but not limited to the Telephone Consumer Protection Act and its implementing regulations, the CAN-SPAM Act and its implementing regulations, the Telemarketing Sales Rule,  any wireless connectivity carrier’s requirements, and all applicable laws related to opt-in consents, opt-out or unsubscribe notifications, caller ID and “Do Not Call” obligations or lists.
• Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Eyko or any URL (domain) that is hosted, owned or controlled by Eyko or its parent, affiliate or subsidiary companies.
• The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Eyko.
• So called “phishing” or “spear phishing” messages or other forging or misrepresenting messages, content, addresses or headers, whether in whole or in part, to mask the true sender, purpose or origin of the communication.

If Eyko determines that you have violated or act other than in strict compliance with this AUP, we may, without limitation to our other rights or incurring any liability and without notice to you, terminate your account(s) immediately and take steps to prevent you from using our network at any time thereafter.

Copyright Protection

Eyko respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Eyko has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Eyko believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.

If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: legal@eyko.io.

Reporting and Violations

Eyko requests that anyone with information about a violation of this AUP report it by sending an email to: legal@eyko.io. Eyko may suspend your access to the Services, in whole or in part, if it reasonably suspects an AUP violation.