Acceptable use policy

This current consolidated Acceptable Use Policy was published on 31 July 2023.

Introduction

1.1

This Acceptable Use Policy (as Updated from time to time) is incorporated into the Agreement pursuant to the Phocas End User License Agreement available at https://www.phocassoftware.com/terms/acceptable-use-policy, as Updated from time to time. It governs how the Customer, Authorised Affiliates and Authorised Users may access and use the Services.

1.2

Defined terms in this Acceptable Use Policy shall have the meaning given in the Phocas End User License Agreement as applied by the Agreement and the same rules of interpretation apply.

1.3

The Customer, Authorised Affiliates and Authorised Users are only permitted to use and access the Services for the Permitted Purpose as defined in the Agreement and in accordance with its terms. Use of the Services (or any part) in any other way, including in contravention of any restriction on use set out in this Acceptable Use Policy, is not permitted. If any person does not agree with the terms of this Acceptable Use Policy, they may not use the Services.

Restrictions on use

2.1

As a condition of use of the Services, the Customer (on its own behalf and on behalf of all Authorised Affiliates and Authorised Users) and each Authorised User agrees not to use the Services nor permit them to be used:

2.1.1

for any purpose that is unlawful under any applicable law or prohibited by this Acceptable Use Policy or the Agreement;

2.1.2

to commit any act of fraud;

2.1.3

to distribute any means any virus, disabling code (including code intended to limit or prevent any use of any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware);

2.1.4

for purposes of promoting unsolicited advertising or sending spam;

2.1.5

in any manner that disrupts the operations, business, equipment, websites or systems of Phocas or any other person or entity (including any denial of service and similar attacks);

2.1.6

to promote any unlawful activity;

2.1.7

to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;

2.1.8

in any manner which may impair any other person’s use of the Services or use of any other services provided by Phocas to any other person;

2.1.9

to attempt to circumvent any security controls or mechanisms;

2.1.10

to attempt to circumvent any password or user authentication methods of any person;

2.1.11

in any manner inconsistent with the Agreement, the relevant Documentation or any instructions provided by Phocas from time to time; or

2.1.12

in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in the Agreement.

Bandwidth and Storage

3.1

Phocas believes and promises to provide our customers with the best experience possible. As such, Phocas reserves the right to put limits per customer to preserve the integrity of our products and services.

3.1.1

Phocas reserve the right to limit total storage per customer when needed to protect and preserve the integrity of our services.

3.1.2

Phocas reserve the right to limit throughput of total data sent in any one month per customer when needed to protect and preserve the integrity of our services.

3.1.3

Phocas reserve the right to limit number of databases per customer when needed to protect and preserve the integrity of our services.

3.1.4

Phocas reserve the right to limit databases sizes per customer when needed to protect and preserve the integrity of our services.

3.1.5

Phocas reserve the right to limit total build minutes in any one month per customer when needed to protect and preserve the integrity of our services.

3.1.6

Phocas reserve the right to limit total sync time in any one month per customer when needed to protect and preserve the integrity of our services.

Network and Services

4.1

Phocas’s network or Services may at times be affected by the performance of Users' networks and vice versa. If that occurs, the affected party (Affected Party) may require the other party to consult with it within a reasonable timeframe to discuss in good faith and endeavour to agree on the steps the other party will take, and the timeframes for taking those steps, to mitigate any detrimental impacts on the Affected Party's network or Services.

4.1.1

Phocas may take any steps it reasonably considers appropriate to minimise any detrimental effects of high-impact demands on the Phocas network or Services. Users must use all reasonable efforts to inform Phocas in advance of any event or circumstance which may be expected to result in high-impact demands on the Phocas network or Services.

4.1.2

Phocas and the User will consult and cooperate on taking proactive measures to prevent or eliminate any use of the Services in breach of this Policy.

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