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This Acceptable Use Policy (“AUP”) governs the Customer’s use of the Services, the Wand Platform and any content provided by the Customer through the Service, including without limitations, the Customer Data, or any other third-party content made available through the Customer Account. Defined terms herein shall have the same meaning as defined in the Master Service Agreement. This AUP is an integral part of the Agreement and is a legally binding policy.

  1. General

Wand is committed to protecting the Wand Platform and Services from any unlawful or unethical use. Moreover, Wand is committed to protecting its employees, partners, and the company itself from any illegal or damaging actions by individuals, either knowingly or unknowingly. Wand will ensure the Wand Platform and the Services are used by the Customer in a lawful manner and according to the restrictions as detailed below in this AUP.

  1. Scope

This policy applies to all Wand Customers and Authorized Users.

  1. Prohibited Use

A Customer or Authorized User may not use the Services and the Wand Platform for the following prohibited uses:

  • any illegal, immoral, or unauthorized purpose, or any usage that could give rise to civil liability or other lawsuit;

  • use the Wand Platform in a manner that violates or infringes any third-party rights, including but not limited to, privacy rights, publicity rights or Intellectual Property rights;

  • copy, crawl, index, cache or store any information derived by the Customer’s access or use of the Wand Platform which is not Customer Data;

  • access any part of Wand Platform in order to build a competing product or service;

  • assist third parties in obtaining access to the Wand Platform;

  • to build similar or competitive products or services;

  • access, store or distribute unlawful, illegal, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive materials; facilitates illegal activity;

  • use the Services in any circumstances where failure could lead to death, personal injury or environmental damage, and you further acknowledge that the Services are not designed or intended for such use; or

  • use the Services in any way that is discriminatory based on race, gender, color, religious belief, sexual orientation, or disability.

  1. Regulated Data Use

Customer shall not use the Services or Wand Platform to store or processes any of the following data:

  • personal data of individuals under 16 years old; or

  • data subject to regulation or protection under the U.S. Gramm-Leach-Bliley Act, U.S. Children’s Online Privacy Protection Act or other similar foreign or domestic laws.

  1. Intellectual Property Rights

Wand does not allow using the Services in any manner that may infringes any Intellectual Property rights. Wand also does not permit the usage of any third-party content which the Customer or Authorized User do not have the right to transfer in accordance with any contractual or other relationship (e.g., insider information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement).

  1. Complains

Wand reserves the right to suspend Customer access to the Services. Customers can report any content to our safety and support team to [email protected]. Wand reviews these reports to determine whether there is a violation of this AUP or the Agreement and any action needs to be taken. In case Wand receives complaints directly from internet users, through Internet organizations and through other parties, Wand shall not be required to determine the validity of complaints received, before taking action under this AUP. Wand has no obligation to forward the complaint to the Customer, or to identify the complaining parties.

Wand may suspend your Customer Account or terminate the Agreement, if Wand finds it to be in breach of the AUP, Agreement or applicable law. Wand will make best efforts to notify the parties of our decision, however if Wand was not able to do so, Customer may appeal or contact our support. Wand further reserves the right to block or suspend a user from using its Services or the reporting feature if it determines that such user frequently submits reports or complaints that Wand has determined are manifestly unfounded.

  1. Appeals

Customer may appeal Wand’s decision to block or suspend your Account and access to Wand Platform by contacting us through [email protected]. Please include your reasoning as to why Customer feels our decision was incorrect. If Wand feels that the decision was in fact incorrect, Wand will notify you of such and rectify the situation by reactivating your account or the Services for you (as applicable) and removing any strikes or restrictions so that this will not be held against you in the future.