Acceptable Use Policy

This Acceptable Use Policy (“Policy”) applies to customers’ use of all services offered by BirdEye. Capitalized terms used below but not defined in this policy have the same meaning set forth in BirdEye’s Terms and Conditions. By accessing or using the Services, you agree to be bound by the terms and conditions of this Acceptable Use Policy.

BirdEye may change this Policy by posting an updated version of the Policy at Birdeye.com and such updates will be effective upon posting.

While using the https://birdeye.com (“Site”), Services or BirdEye Content, the following actions are not allowed:

A. Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:

1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
3. is fraudulent, false, misleading or deceptive;
4. is defamatory, obscene, vulgar or offensive;
5. constitutes child pornography or child erotica;
6. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
7. is violent or threatening or promotes violence or actions that are threatening to any other person; or
8. promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

B. Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, BirdEye’s name, any BirdEye trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without BirdEye’s express written consent;

C. Access, tamper with, or use non-public areas of the Site or Services, BirdEye’s computer systems, or the technical delivery systems of BirdEye’s providers;

D. Compromising the integrity of the Site or Services. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. Attempt to probe, scan, or test the vulnerability of any BirdEye system or network or breach any security or authentication measures;

E. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BirdEye or any of BirdEye’s providers or any other third party (including another user) to protect the Site, Services or BirdEye Content;

F. Attempt to access or search the Site, Services or BirdEye Content or download BirdEye Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BirdEye or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

G. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

H. Use or access the Services for the purpose of, or resulting in, the posting, publication, distribution or transmission of defamatory material or content;

I. Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with BirdEyer or any third party);

J. Using the Site to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services;

K. Send any emails or text communications for purposes of marketing or promoting non-federally legalized products or services or if such communications are barred by relevant industry associations. For example, you will not send text messages through the Services if you are in the cannabis industry, the firearms business or any other illegal or association-prohibited industry;

L. Use any meta tags or other hidden text or metadata utilizing an BirdEye trademark, logo URL or product name without BirdEye’s express written consent;

M. Use the Site, Services or BirdEye Content for the purpose of bringing an intellectual property infringement claim against BirdEye or for the purpose of creating a product or service competitive with the Services;

N. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or BirdEye Content to send altered, deceptive or false source- identifying information;

O. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or BirdEye Content;

P. Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Q. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

R. Impersonate or misrepresent your affiliation with any person or entity;

S. Violate any applicable law or regulation; or

T. Encourage or enable any other individual to do any of the foregoing.

BirdEye’s priority to its clients is to keep the Services available and running at optimal speed, which requires each client to use the Services fairly and reasonably so as to not affect the access or use by other clients. The Services include broad access to a variety of resources such as bandwidth, API requests, and storage which are not unlimited (unless expressly stated as such in a Customer Agreement, Order Form or other agreement) or the overuse of which would affect the stability of the BirdEye platform, including but not limited to the Services, which is why we have this fair use clause (“Fair Use Policy” or “FUP”).

AcceptableFair use will be considered the processing of 3 times the average number of requests or processed transactions per Location (as that term is defined in a Customer Agreement, Order Form or other written agreement) for other BirdEye clients in the same or similar industry. If BirdEye determines your use of the Services is in violation of its AcceptableFair Use Policy, in its sole reasonable discretion, BirdEyeit may take unilateral action regarding your use of the Services including, but not limited to, limiting the frequency of access to the Services or limiting the number of processed requests through the Services in order to bring usage in line with this policy FUP.

Violation to this Policy will be considered a material breach of the BirdEye’s Terms and Conditions and/or other agreement governing the use of the Services.

BirdEye will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. BirdEye may involve and cooperate with law enforcement authorities in prosecuting users who violate these Policy. You acknowledge that BirdEye has no obligation to monitor your access to or use of the Site, Services or BirdEye Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BirdEye reserves the right, at any time and without prior notice, to remove or disable access to any BirdEye Content and any User Content, that BirdEye, in its sole discretion, considers to be in violation of this Acceptable Use Policy or otherwise harmful to the Site or Services.

BirdEye also reserves the unilateral right to terminate your use of the Services if you are in violation of this Policy. You understand, acknowledge and agree that BirdEye will have no liability to you or any of your users for enforcing this Policy and enforcement will not affect your obligations under these terms which includes the payment of fees for the Services including reimbursement of damages incurred as applicable.