DiPhyx Acceptable Use Policy

This DiPhyx Acceptable Use Policy (“AUP”) sets forth certain restrictions relating to the access to, and use of, the DiPhyx Platform by you or someone on your behalf under your agreement with Diphyx applicable to the DiPhyx Platform (“Agreement”). The restrictions set forth in this AUP are not exhaustive. Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. This AUP may be updated by DiPhyx from time to time upon reasonable notice, which may be provided through the DiPhyx Platform by posting an updated version of this AUP. Updates of the AUP become binding, including on existing users, on the later of the date specified in the updated AUP or thirty (30) days after posting. Any modification to the AUP within an update will relate solely to restrictions on use of, and access to, the DiPhyx Platform. Any violation of this AUP may result in the suspension or termination of your access to and use of the DiPhyx Platform.

• Content Restrictions. You will not upload, store, post or transmit content that:
  • is obscene, defamatory, deceptive, harassing, threatening, hateful or discriminatory;
  • violates anyone else’s intellectual property, privacy, publicity or other rights;
  • violates applicable laws or regulations; or
  • contains viruses, malware, malicious code or similar harmful materials.
• Prohibited Conduct. You will not:
  • engage in deceptive or illegal activities (including, “spoofing”, “phishing” or pyramid or similar schemes);
  • transmit spam or other unsolicited communications to other users;
  • publish benchmark or performance information about the DiPhyx Platform without our consent;
  • use the DiPhyx Platform in violation of data, privacy or other applicable laws or regulations;
  • use the DiPhyx Platform to engage in, promote, support or facilitate hateful, discriminatory or violent activities, whether online or offline; or
  • engage in any activity that we reasonably determine on advice of counsel will cause liability to us; or
  • use the DiPhyx Platform in any circumstances where use or failure of the DiPhyx Platform could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.
• No Disruption. You will not:
  • access the DiPhyx Platform through means we did not authorize (for instance, scraping, crawling or penetration testing);
  • disable or interfere with the DiPhyx Platform or circumvent any of our security or access controls; or
  • try to access other users’ data or accounts without their express permission.
• Others. You will not permit or encourage others to commit any of the actions above.

We may monitor compliance with this AUP and investigate any violations. If we determine that you or your content violates this AUP, we may remove or suspend access to your content or invoke our suspension rights under the Agreement.

We may report any activity that we suspect violates any law or regulation to law enforcement officials, regulators or other appropriate third parties, and cooperate with them to investigate and prosecute illegal conduct. Our reporting may include disclosing information related to the violation of this AUP.