Cinode Terms of Service

Acceptable Use Policy

LAST UPDATED: APR 22 2021

This Acceptable Use Policy (the “Policy”) applies to the Services provided under the Cinode brand. Whether in the role of Customer administrator, Customer end-user or External user, you who use the Service must comply with this Policy.
We have done our best to write this Policy in simple and clear terms. To facilitate your understanding of this Policy, we have made special easy-to-read summaries of the legal language at the end of each section.

1 Introduction

1.1 This Acceptable Use Policy (the “Policy”) applies to the Services provided under the Cinode brand to you either in your role as a Customer of Cinode or as a Service User.

1.2 Whether in the role of [partner administrator, administrator, manager or employee], you who use the Service (“Service User”) must comply with this Policy.

1.3 If you violate this Policy, which Cinode determines in its sole discretion, we may choose to issue a warning to you or close your account with Cinode.
Summary: You who use the Service must comply with this Policy.

2 Customer's Commitments

2.1 The Customer is responsible for ensuring that its administrators, managers and employees comply with the parties’ Agreements and this Policy.

2.2 In particular, the Customer shall:
a) be aware that the Customer provides Cinode with information, materials, content and personal data at their own risk, and that the Service is not intended to handle specially regulated sensitive information, such as information about serious misconduct or crimes;
b) be responsible for the accuracy, quality and legality of the customer’s data, including personal data, in what way the Customer has acquired it and its use;
c) use commercially reasonable efforts to prevent unauthorized access or use of the Service and notify Cinode immediately of such unauthorized access or use;
d) keep a list of the Service Users who have explicitly requested not to be contacted; and
e) use services and content only in accordance with the parties’ agreements, this Policy and the guidelines provided by Cinode to the Customer.

2.3 Any use by the Customer or Service Users that violates this Policy and which, according to Cinode, threatens to impair the security, integrity and availability of Services may result in Cinode’s immediate interruption of the Service. Cinode shall use commercially reasonable efforts to notify the Customer and allow them to rectify such violations and threats before the interruption occurs.
Summary: The Customer is responsible for using the Service in accordance with this Policy and for ensuring that its Service Users do the same.

3 User Commitments

3.1 Service Users are responsible for using the Service in accordance with its purpose.

3.2 Service Users must comply with this Policy, the parties’ agreements and applicable law and other applicable regulations.

3.3 You as a Service User are solely responsible for compliance with all laws, rules, regulations and tax obligations that may apply to your use of the Service. This means that you are not allowed to help others:
a) Violate or circumvent applicable laws, rules, agreements with third parties, or use the Service for other purposes not expressly permitted by Cinode;
b) In any way mislead others regarding your connection to Cinode;
c) Copy, store or otherwise use information about any other Service User that in any way violates our terms;
d) Use the Service in connection with the distribution of unwanted commercial messages (“Spam”);
e) Discriminate or harass someone on the basis of race, nationality, origin, religion, gender, gender identity, mental or physical disability, medical condition, marital status, age, sexual orientation or otherwise have violent, harmful, abusive or disturbing behaviour;
f) Use robots or other automated means to access and collect data or content from the Service;
g) Bypass, remove, disable, degrade, decode, or otherwise circumvent technical measures implemented by Cinode or any of our providers to protect the Service;
h) Attempt to disassemble or transform any of the software used to provide the Service;
i) Export, re-export, import or transfer the Service or part thereof; or
j) Violate the rights of others or otherwise harm others.
Summary: The Service User undertakes to comply with this Policy, the parties’ agreements and the law.

4 Prohibited Content

4.1 Content in the Service shall not consist of Prohibited Content.

4.2 Prohibited Content includes content that:
a) infringes the rights of third parties (e.g., copyright) under applicable law;
b) is overly profane, hate-related or violent;
c) advocates racism or ethnic intolerance;
d) aims to advocate or promote computer hacking or the like;
e) constitutes gambling;
f) constitutes illegal activities, such as the illegal export of controlled substances and illegal software;
g) constitutes harmful content, malware and viruses; and
h) constitutes other materials, products or services that are contrary to or that encourage conduct contrary to applicable law or the rights of third parties.
Summary: In the Service, the above listed content is prohibited.

5 Prohibited Use

5.1 Neither the Customer nor its Service Users may:
a) Make the Service available to anyone other than the Customer, its authorized Service Users or in violation of the Service User’s various roles;
b) Use the Service for the benefit of anyone other than the Customer, its affiliates or partners approved by Cinode;
c) Sell, resell, license, relicense, distribute, make available, borrow or rent the Service or in any way exploit the Service for any unauthorized commercial purpose;
d) Use the Service to store or transmit infringing, defamatory or otherwise unlawful or damages-based material, or to store or transmit material that infringes the privacy of third parties, or to send, upload, distribute, disseminate or offer to do the same with respect to illegal, defamatory, harassing, abusive, fraudulent, infringing, obscene or otherwise offensive content;
e) Use the Service or third-party service to store or transmit malware;
f) Interfere with the integrity or performance of the Service or third-party information contained in it;
g) Attempt to gain unauthorized access to the Service, its related systems or networks;
h) Allow direct or indirect access to or use of the Service or content in a way that circumvents a contractual use restriction, or use of the Service to access or use any of Cinode’s intellectual property rights, except as permitted by this Policy;
i) Modify, copy or create derivative works based on the Service or any part, function, or user interface thereof;
j) Conduct marketing by a so-called spam or send e-mails to users who have requested to be deleted from an e-mail list;
k) Imitate another person (using an e-mail address or otherwise) or otherwise incorrectly imagine yourself or the source of an e-mail;
l) Contribute to the irresponsible distribution of collections or compilations of personal data;
m) Frame or mirror any part of the Service or content, other than framing on the Customer’s own intranet or otherwise for its own internal business purposes or as permitted in the documentation;
n) Remove information about or change intellectual property rights in the Service;
o) To, in addition to what is permitted by applicable law, modify, adapt, translate, disassemble, recreate (reverse engineer) or decompile any part of the Service, content or documentation or to enable it to (1) build a competing product or service, (2) build a product or service that uses similar ideas, features or graphics as the Service, (3) copy ideas, features or graphics of the Service, or (4) determine whether the Service falls within the scope of protection of a patent; or
p) Use the Service, or any user interface that comes with the Service, to access Cinode’s other services in a way that violates the terms and conditions of use of Cinode’s services.
Summary: Certain use of the Service is strictly prohibited for hygienic reasons or to protect our financial interests and ensure compliance with the Agreement.

6 Warning and Suspension of Service Users

6.1 Should Service Users abuse the Service by violating any of the rules in this Policy, Cinode has, in its sole discretion, the right to warn or suspend the Service User from the Service.

6.2 The suspension of a Service User may be temporary or permanent depending on how serious Cinode considers the abuse to be.

7 Changes

7.1 You are responsible for complying with the applicable version of this Acceptable Use Policy.

7.2 We will update this Policy as necessary to reflect Customer feedback, changes to the Service or updated interpretations of legislation.

7.3 In the event of material changes to this Policy, we will notify you on our website or by e-mail before the changes take effect if required by law.

7.4 Read this Policy from time to time to keep you informed about how you may use the Service.
Summary: It is your responsibility to check this Policy.