GLOO SERVICES
ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy (AUP) applies to all Offerings and anyone accessing or using any Offering.

The purpose of this AUP is to establish the appropriate use of the Gloo Offerings, to protect both Gloo, Users of the Offerings, and third parties.

Your access to and use of the Offerings may be suspended or terminated in the case of a violation or suspected violation of this AUP. In some cases, violations of this AUP are also subject to possible civil and/or criminal prosecution to the full extent of the law.

The terms used in this AUP have the definitions given to them in the Terms of Service (Terms) for the Gloo Services.

  1. Resale Prohibited.The Offerings and any Gloo Content may be used solely for your own internal purposes and benefit. Except as otherwise expressly permitted by us in writing, You may not sell, lease, rent or provide to any other party (i) any Gloo Content or a derivative or modeled set of Gloo content, or (ii) your own dataset, as enhanced by any Gloo Content. You are strictly prohibited from using an Offering to provide consulting or other services to any other party unless such other party has placed and Gloo has accepted from such other party an Order for such Offering.
  1. Discrimination Prohibited. You may not use any Offering or any Gloo Content to discriminate or suggest a preference for or against people because of a personal characteristic, including race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, medical or genetic condition, pregnancy, or veteran status. You must use the Offerings and Gloo Content in compliance with all applicable laws prohibiting discrimination. This includes but is not limited to prohibitions on employment discrimination under Title VII, the federal Age Discrimination in Employment Act, the Americans with Disabilities Act, and related state and local anti-discrimination protections.
  1. General Restrictions. You shall not use any Offering or any Gloo Content to:
    1. Create multiple Freemium Accounts;
    1. Interfere with the use of any Offering by any other Gloo customer;
    1. Introduce to any Offering or Gloo or third party system any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    1. Use an Account without the owner's authorization;
    1. Collect or use email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
    1. Deliver false, misleading, or deceptive TCP-IP packet header information in an email or posting;
    1. Distribute software that covertly gathers information about a user or covertly transmits information about a user; or
    1. Engage in any conduct that is likely to result in retaliation against any Offering or Gloo or its employees, officers or other agents, or its third party providers, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
  1. Copyrighted Material. You may not use any Offering to download, publish, distribute, or otherwise copy or use in any manner any Content, including any text, music, software, art, image, or other work protected by copyright law unless: (1) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or (2) you are otherwise permitted by established copyright law to copy the work in that manner.
  1. Restricted Content. You may not publish, transmit, or store on or via any Offering any Content that Gloo reasonably believes:
    1. Constitutes, depicts, fosters, promotes or relates in any manner to any activity that is harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, pornographic or sexually explicit, or otherwise objectionable;
    1. Promotes hate speech, or incites violence or hatred against any particularized societal group, whether based on race, ethnicity, gender or gender identity, sexual orientation, religion, or other status;
    1. Is violent, incites violence, threatens violence, or contains harassing content or hate speech;
    1. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
    1. Is defamatory, libelous or violates a person's privacy;
    1. Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
    1. Improperly exposes trade secrets or other confidential or proprietary information of another person;
    1. Is intended to assist others in defeating technical copyright protections;
    1. Infringes on another person's copyright, trade or service mark, patent, or other property right;
    1. Involves cannabis products;
    1. Promotes drugs or homeopathic remedies;
    1. Violates export control laws;
    1. Relates to illegal gambling;
    1. Involves or relates to bitcoin or other cryptocurrencies or investment therein;
    1. Relates to firearms, ammunition, or other weapons;
    1. Promotes or relates to credit repair services;
    1. Promotes penny stock or "pump and dump" schemes;
    1. Is otherwise illegal or solicits conduct that is illegal; or
    1. Is otherwise malicious, fraudulent, harassing or threatening.
  1. Direct Marketing Compliance. If You use any Offering or any Gloo Content to target or deliver messages (whether via email or telephone) for marketing or other commercial purposes, you warrant that you have:
    1. Obtained all rights and authority to send all messages (whether emails, texts or otherwise) to the individuals on your recipient list and to all addresses and numbers, and you have obtained any necessary consents from all participants in accordance with applicable law;
    1. Your marketing will not be sent in violation of any privacy policy under which the recipient emails or phone numbers were gathered;
    1. You will use the Gloo Content in compliance with all applicable laws, including those relating to commercial or spam email and mobile messaging, and including the U.S. CAN-SPAM Act, Telephone Consumer Protection Act, and the Canadian CASL;
    1. You will only use the Gloo Content to advertise, promote and/or manage a bona fide offer or services;
    1. You will not use false or misleading headers or deceptive subject lines in your messages, and you will ensure that you (or as applicable, the legally designated "Sender" as defined under applicable law) are sufficiently identified in the header of the email or message, and that a legally sufficient address is identified in the footer;
    1. You (or as applicable, the legally designated "Sender" as defined under applicable law) will provide an accessible and unconditional unsubscribe link for inclusion in the footer of every email or message;
    1. You will not send any emails or other messages to any recipient who has unsubscribed from your mailing list; and
    1. You will operate your marketing program in compliance with all other requirements of applicable law, including any requirements to honor opt-out requests or do not call lists.
  1. Communication and Disclosure Restrictions. All marketing communications that make use of or are based on or in any way derived from Gloo Content shall: (1) not include any reference to any selection criteria or the source of the recipient's information; (2) comply with all applicable federal and state laws, rules and regulations; and (3) comply with all applicable privacy policies, ethical use and practices of the Direct Marketing Association and the code of conduct of the Network Advertising Initiative.
  1. Requests for Communications. Upon Gloo’s request, you will provide Gloo with a copy of any marketing communications that make use of or are based on or in any way derived from any Gloo Content so that Gloo can confirm its compliance with applicable law and your Agreement.
  1. Fair Credit Reporting Act. Gloo is not a “Consumer Reporting Agency”, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA), and our Offerings do not constitute "Consumer Reports" as defined in the FCRA. You will not use or provide any Gloo Content for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report. Specifically, you agree not to use the Offerings or use or provide any Gloo Content, or authorize anyone else to use or provide the Offerings or any Gloo Content, for the following purposes:
    1. In connection with establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer;
    1. For the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee;
    1. For any tenancy verification or in connection with any application to rent real property;
    1. In connection with a determination of a consumer's eligibility for a license or other benefit that depends on an applicant's financial responsibility or status;
    1. As a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation;
    1. In connection with any information, service or product sold or delivered to a "Consumer" (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report;
    1. For the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report;
    1. For any "Adverse Action" (as that term is defined in the FCRA) against any Consumer, which is based in whole or in part on any Offering or Gloo Content; or
    1. For any other purpose covered under the FCRA.
  1. Individual Inquiries. You agree that you are responsible for managing and responding to any communication initiated by an individual arising out of your use of any Gloo Content. You agree to provide in-house removal from future marketing initiatives by any individual requesting such removal.
  1. Viruses. You agree that Gloo may quarantine or delete any of your Content on any Offering if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt any other Content or any portion of the Offering.
  1. Vulnerability Testing. You may not attempt to probe, scan, penetrate or test the vulnerability of the Offerings, or to breach Gloo's security or authentication measures, whether by passive or intrusive techniques.

Version 1.2.0 | Last modified on April 30, 2020 | © Gloo, 2020