Acceptable Use Policy
1. INTRODUCTION.
1.1. This page sets forth the principles, guidelines and requirements of Journey Mobile, Inc.’s (“JourneyApps”) Acceptable Use Policy for its PowerSync technology platform, including the software application development tools and source code therein, and any enhancements and modifications thereto (“PowerSync”), governing your use of PowerSync. The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of PowerSync and any data, information, and other materials contained and accessible therein.
1.2. If you have elected to access PowerSync as hosted by JourneyApps (“PowerSync Cloud”), the additional provisions set forth in the attached Appendix shall apply to you.
2. PROHIBITED USES.
In addition to the other requirements of this Acceptable Use Policy, you may only use PowerSync in a manner that, in the sole judgment of JourneyApps, is consistent with the purposes of PowerSync. If you are unsure of whether any contemplated use or action is permitted, you should contact JourneyApps. By way of example, and not limitation, uses of PowerSync described below are expressly prohibited: (i) the resale of PowerSync without JourneyApps’ explicit written consent pursuant to a resale or other agreement executed between you and JourneyApps; and (ii) violations or infringements of any rights of any third party, including without limitation, copyright, trade secret, patent or other intellectual property or proprietary rights.
3. ENFORCEMENT.
JourneyApps reserves the right to interpret the guidelines and take (or refrain from taking), any action in its discretion. Without affecting any other remedies available to JourneyApps, JourneyApps may immediately permanently or temporarily remove or disable access to any content, or suspend and/or terminate your access to PowerSync if JourneyApps reasonably believes that you have violated or intend to violate any provision of this Acceptable Use Policy. JourneyApps may, but is not required to, provide you with written notice of such suspension and/or termination, which may be provided by email. JourneyApps will, in its discretion, attempt to work with you to cure violations of this Acceptable Use Policy and to ensure that there is no recurrence of violations prior to suspension and/or termination. If JourneyApps suspends your access to PowerSync due to a violation of this Acceptable Use Policy, such suspension does not relieve you from any obligations to pay amounts due, and to continue to pay for any applicable PowerSync subscriptions or fees while you are subject to such suspension.
4. ADDITIONAL DISCLOSURES.
4.1. Any waiver of any provision of the Acceptable Use Policy will be effective only if in writing and signed by an executive officer or director of JourneyApps.
4.2. No waiver by JourneyApps of any breach or default or failure to exercise any right allowed under this Acceptable Use Policy is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Acceptable Use Policy.
4.3. The section headings used herein are for convenience only and shall be of no legal force or effect.
4.4. If a court of competent jurisdiction holds any provision of this Acceptable Use Policy invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Acceptable Use Policy, and the remaining portions of the Acceptable Use Policy shall continue in full force and effect.
APPENDIX: PowerSync Cloud Terms
The following provisions apply when you have purchased access to PowerSync Cloud.
1. COMPLIANCE.
You shall not post, transmit, re-transmit or store any information, data or other materials on PowerSync Cloud that, in the sole judgment of JourneyApps, (a) is in violation of any local, state, federal or foreign law, rule or judicial or administrative order or regulation, (b) is threatening, obscene, indecent, libelous or that otherwise could adversely affect any individual, group or entity (each, a “Person”), or (c) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws or regulations are applicable to your use of PowerSync Cloud.
2. PROHIBITED USES.
a. By way of example, and not limitation, uses of PowerSync Cloud described below are expressly prohibited: (i) the introduction of malicious programs into PowerSync Cloud (e.g. viruses and worms); (ii) effecting security breaches or disruptions of internet communication (security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into an account that you are not expressly authorized to access); (iii) executing any form of network monitoring which will intercept data not intended for you; (iv) circumventing passwords, user authentication or security of any account; (v) interfering with, denying or causing degraded service to any other JourneyApps customer in any way; and (vi) using any code, program/script/command, or messages of any kind to submit excessively high volumes of Application Programming Interface (API) requests to PowerSync Cloud, that interfere with or are designed to disable another JourneyApps customer’s access to PowerSync Cloud.
b. JourneyApps will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, including hardware and/or software, data or other proprietary material due to your use of PowerSync Cloud.
3. COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURES.
a. JourneyApps reserves the right to terminate your or any third-party’s right to use PowerSync Cloud if such use infringes the copyrights of another. JourneyApps may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access PowerSync Cloud if JourneyApps determines that you or a third-party are/is a repeat infringer. If you believe that any material has been posted via PowerSync Cloud by any third-party in a way that constitutes copyright infringement, and you would like to bring it to JourneyApps’ attention, you must provide JourneyApps’ DMCA agent identified below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, (ii) an identification of the copyrighted work and the location on PowerSync Cloud of the allegedly infringing work, (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law, (iv) your name and contact information, including telephone number and email address, and (v) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
b. The contact information for JourneyApps’ DMCA Agent for notice of claims of copyright infringement is: DMCA Agent, JourneyApps, 3700 Quebec St, Ste 100 PMB 132, Denver, Colorado, 80207 (USA).
