Acceptable Use Policy
SMBapps Inc. (herein referred to as "SMBapps", "we", "us" and/or "our") provides an online service for any business to chat with their website visitors using our Brevi Chat software and applications (the "Brevi Chat Service" and/or the "Service"). This Acceptable Use Policy is incorporated into, is part of, and is governed by the SMBapps Terms of Service (the "SMBapps terms") and sets forth the terms of permissible access and use of the services. Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the SMBapps terms.
Acceptable Use of Our Service
Legal and Acceptable Use. You must access and use our Service only for legal, authorized, and acceptable purposes. You will NOT use (or assist others in using) our Service:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Service;
(c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to impersonate another person or entity; or
(l) to interfere with or circumvent the security features of the Web site.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
No Spam, Advertising Compliance. In addition to the forgoing prohibitions, you further agree that you comply strictly with all applicable laws (federal, state, and otherwise) that govern marketing email and SMS/text messages, including without limitation, the U.S. CAN-SPAM Act of 2003,, the General Data Protection Regulation (GDPR) of 2018, the Privacy and Electronic Communications (EC Directive) Regulations of 2003, the Telephone Consumer Protection Act (TCPA of 1991) and all other anti-spam laws. Violation of any of these laws will constitute a material breach of this Acceptable Use Policy. You agree to defend and indemnify SMBapps from and against any claim by a third party in connection with your failure to comply with this prohibition against spam.
Harm to SMBapps or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Service in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Service;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Service;
(c) gain or attempt to gain unauthorized access to our Service or systems;
(d) interfere with or disrupt the integrity or performance of our Service;
(e) create accounts for our Service through unauthorized or automated means;
(f) collect the information of or about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Service, except if it’s done upon consent of SMBapps;
(h) distribute or make our Service available over a network where they could be used by multiple devices at the same time;
(i) remove or otherwise alter or cause to be altered, directly or indirectly, the appearance of the Service so as to remove the Service’s proprietary branding or logo or otherwise modify the appearance of the Service.
Further Restrictions on ALL USES. SMBapps prohibits the use of the Service by any person or organization that:
- displays or markets material that exploits children under 18 years of age;
- posts or discloses any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents' consent;
- provides or posts any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
- engages in any libelous, defamatory, scandalous, threatening, or harassing activity;
- provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
- introduces viruses, worms, Trojan horses, spyware or other harmful code;
- posts or displays any content, including any image, that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;
- provides, sells or offers to sell any of the following products or content (or services related to the same):
(a) pornography or illicitly pornographic sexual products/services, including, but not limited to, adult magazines, video and software, escort services, dating services, or adult "swinger" promotions; provided, however, the foregoing prohibition shall not apply to established retail home-based party businesses;(b) illegal drugs and contraband that are unlawful in the location at which the content is posted or received;(c) illegal goods, pirated software or media; or(d) instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- provides, sells or offers products, services or content frequently associated with spam, including, but not limited to:
- online and direct pharmaceutical sales, including, but not limited to, health and sexual well-being products, prescription and counterfeit drugs;
- debt collections, credit repair and debt relief offerings;
- promotion of stocks or stock message boards;
- work-at-home offers promoting "get rich quick," "build your wealth" and "financial independence;"
- pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
- lead generation services; list brokers, list rental or list sale services, sales of "likes" and followers;
- odds making and betting/gambling services, including, but not limited to, online poker, casino games, college and pro sporting events;
- markets to third party voter registration lists or party lists obtained in which the specific candidate did not collect explicit consent;
- uses any image we make available in connection with the Service or services as a trademark, service mark, or logo.
In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of the Service, disable your account or access to the Service, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may, in our sole discretion, also report your activity to the applicable legal authorities or third parties for abuse or fraud prevention.
Any questions about our Acceptable Use Policy should be addressed to us by email at: firstname.lastname@example.org