Acceptable Use Policy

This Acceptable Use Policy (“Use Policy”) governs use of all websites, online services, platforms, applications, and any related downloadable software (collectively, the “Products”) made available by OpenMotion AI, Inc. and its affiliates (collectively, “OpenMotion”), for use therewith. “User” shall mean any individual or legal entity accessing or using the Products, and any users granted such access or use rights. Terms not otherwise defined in this Use Policy will have the meaning set forth in the End User License Agreement between You and OpenMotion governing User’s use of the applicable Offering (“Agreement”).  User’s access to and use of the Products represents User’s express consent to be bound by this Use Policy.

You agree not to:

  • interfere or attempt to interfere in any manner with the functionality or proper working of the Products;

  • breach or otherwise bypass any security or authentication measures of the Products;

  • transmit into or use with the Products any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop-dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Products;

  • distribute content that interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the operation of any OpenMotion or related third-party networks, servers, or other infrastructure;

  • reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of, the Products, OpenMotion work product, or the technology and software used to provide them, and all intellectual property and proprietary rights therein; or

  • access, use, or otherwise exploit the Products for purposes of competing with or disparaging OpenMotion or the Products, including but not limited to benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis;

  • commercially sell, resell, license, sublicense, distribute, or frame the Products to a third party unless authorized by OpenMotion in writing; or

  • access, use, or test portions of the Products that OpenMotion has not authorized You to access, use, or test.

OpenMotion explicitly reserves the right to limit or otherwise prohibit use of any robot, spider, data scraping or extraction tool, or similar mechanism in the Products in its sole and absolute discretion.

You agree that You will not use the Products to:

  • act or encourage activities in violation of any applicable laws, rules, or regulations (including those related to unlawful gambling or piracy);

  • use, store, share, host, copy, distribute, display, publish, transmit, or send content or promote, support, or facilitate a cause or action that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others;

  • distribute unwanted, unsolicited, or harassing mass email, conduct phishing scams, or transmit unwanted promotional or commercial content, including spam;

  • access (including through any interfaces provided within the Products) any OpenMotion product or service, or other third-party service or website, in a manner that violates the terms for use of, or access to, such product, service, or website;

  • infringe or misappropriate any OpenMotion or related third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection;

  • mislead or confuse others by alleging to be someone else or alleging to represent an organization You do not represent; or

  • violate the rights (including privacy or publicity) of others, or distribute their personal or confidential information without securing the necessary rights, permissions, and consents.

Prohibited Data

Protected Health Information (“PHI”). Under the Health Information Portability and Accountability Act (“HIPAA”) and other health data privacy laws, certain information about a person’s health or health care services is classified as PHI or sensitive information. Unless You have signed a Business Associate Agreement with OpenMotion, You may not submit or store PHI in the Products.

Payment Card Industry (“PCI”). OpenMotion does not intend the use of the Products to be in compliance with the Payment Card Industry Security Standards. Accordingly, You agree not to use the Products to submit or store PCI data

Location of Access

You are responsible for securing, using, and monitoring an internet connection, which may include a VPN, that is compliant with laws and regulations of the jurisdiction from which you access OpenMotion’s Products.

You are prohibited from using the Products (a) in a jurisdiction that is subject to a United States government embargo, or that is in Group E of Title 15, Part 740 Supplement 1 Country of the United States Code of Federal Regulations, (b) in a jurisdiction that has been designated by the United States government as a “terrorist supporting” country, (c) in a jurisdiction that is listed on any other United States government list of prohibited or restricted parties, or (d) in violation of any other embargo or export restriction; unless You have secured express written approval from the applicable governing authority.

Reported IP Abuse

To the extent You use the Products to publish or otherwise make available content, You must comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”). It is OpenMotion’s policy to respond to valid notices of claimed intellectual property infringement. If OpenMotion receives a notice alleging that material made publicly available infringes or misappropriates another party’s intellectual property, OpenMotion may take any remedial action it deems necessary, as further outlined below.

Violation of this Use Policy

In addition to any other remedies that may be available, OpenMotion reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating User’s account or unpublishing any material to prevent disruption of the Products or to protect the rights and safety of individuals, customers, or OpenMotion.

If You have, or OpenMotion reasonably suspects based on documented evidence that You have, violated any law or regulation, OpenMotion may report such violations to the appropriate law enforcement officials, regulators, or other third parties. OpenMotion’s reporting may include disclosing User’s relevant information. OpenMotion also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Use Policy.

Revision to this Policy

OpenMotion may revise this Use Policy from time to time to reflect changes to technologies, industry practices, regulatory requirements, or as we deem necessary. Any such revision will be effective immediately unless you have an agreement with OpenMotion that states otherwise.