Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy” (this “Policy”).

Any capitalized terms used in this Policy will have the meanings ascribed to them in our B2B General Terms and Conditions (“B2B T&Cs”) and B2C General Terms and Conditions (“B2C T&Cs”), as applicable.

1. Acceptable Use Policy  ✅

You agree not to use our Website and/or Platform to collect, upload, transmit, display or distribute any User content that would constitute uses and/or activities  listed under Section 2.1 - Prohibited Uses and/or Section 3.1 - Prohibited Activities below. 

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In addition, you agree not to:

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(i) upload, transmit, or distribute to or through our Website and/or Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data;

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(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise through our Website and/or Platform;

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(iii) use our Website and/or Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;

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(iv) interfere with, disrupt or create an undue burden on servers or networks connected to our Website and/or Platform, or violate the regulations, policies or procedures of such networks;

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(v) attempt to gain unauthorized access to our Website and/or Platform (or to other computer systems or networks connected to or used together with the Website and/or Platform), whether through password mining or any other means;

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(vi) harass or interfere with any other user’s use and enjoyment of our Website and/or Platform; or

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(vi) use software or automated agents or scripts to produce multiple accounts on our Website and/or Platform, generate automated searches, requests or queries to strip, scrape, or mine data from our Website and/or Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our Website and/or Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

2. Prohibited Uses; Prohibited or Restricted Countries/Jurisdictions 🚫⛔🗺️

2.1 Prohibited Uses. If we determine that a User of our Website, Platform and/or Services violates the prohibited uses under this Policy, we may suspend access and/or close an Account without prior notice to you. The list of prohibited uses is as follows:

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2.2 Prohibited or Restricted Countries/Jurisdictions. The use of our Platform and/or Services is not permitted in sanctioned territories such as Cuba, Syria, North Korea, Iran and the Crimea region of Russia/Ukraine as well as further "Covered Regions" of the Ukraine. We reserve the right to further determine restricted regions for access and/or use of our Platform and/or Services, at our sole discretion and from time to time.

3. Prohibited and Restricted Activities 🚫🚦

‍3.1 Prohibited Activities. If we determine that the use of our Platform and/or Services (including the content of a contract) violates our B2B T&Cs, B2C T&Cs, or the Prohibited Activity List below, we may suspend or close your Account and/or remove the contract from our Platform without prior notice. Contracts removed from our Platform may not be edited or restored. The list of prohibited activities is as follows:

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3.2 Restricted Activities. The following restricted activity list is subject to enhanced due diligence (“EDD”) and anti-money laundering (“AML”) compliance procedures, which may be permitted to engage our Services, depending on the outcome of our compliance assessment:

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3.3 Updates to Prohibited and Restricted Activities. We reserve the right to update, modify and otherwise alter, at our sole discretion, the criteria we adopt in applying the prohibited and restricted activity lists above and making use of risk-based assessments in our KYB and KYC processes, as well as in carrying out EDD and AML compliance procedures. The activities that we consider to be prohibited and/or restricted include, but are not limited to the activities listed under Sections 3.1 and 3.2 above.

3.4 Prohibited Contract Terms. If by any means we determine that you may be engaging in or have engaged in conduct and/or activities in violation of this Policy, your access to our Platform and/or Services may be terminated immediately and/or your Account blocked, at our sole discretion. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds to you linked to your Account and you will not be able to access or modify contracts through our Platform.

4. Policy Enforcement 👮🚨

4.1 Enforcement. We reserve the right (but have no obligation) to review your use of our Platform, including the content of any contract, payments to Ontop, Clients, Workers and third parties, Ontop Wallet and Ontop Card transactions, results of background checks and regular due diligence, and to investigate and/or take appropriate action against you at our sole discretion if you violate this the Acceptable Use Policy or any other provision of our B2B T&Cs or B2C T&Cs (as applicable) or otherwise create liability for us or any other third party. Such action may include removing or modifying your content, terminating your Account in accordance with this Policy and/or reporting you to law enforcement authorities.

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4.2 AML/BSA Policy. This Policy is subject to the terms of our Anti-Money Laundering and Bank Secrecy Act Policy (“AML/BSA Policy”). Any use of our Platform or services in violation of our AML/BSA Policy will be considered a violation of this Policy.