INTRODUCTION
INTRODUCTION
This Fair Use Policy forms part of, and should be read together with, the BrandDrive Terms of Service (the "Terms") and the BrandDrive Data Protection & Privacy Policy (the "Privacy Policy"). Capitalised terms used but not defined in this Fair Use Policy have the meanings given to them in the Terms. In the event of any conflict between this Fair Use Policy and the Terms, the Terms will prevail, except in relation to the specific usage limits and enforcement process described below, which this Fair Use Policy governs.
This Fair Use Policy forms part of, and should be read together with, the BrandDrive Terms of Service (the "Terms") and the BrandDrive Data Protection & Privacy Policy (the "Privacy Policy"). Capitalised terms used but not defined in this Fair Use Policy have the meanings given to them in the Terms. In the event of any conflict between this Fair Use Policy and the Terms, the Terms will prevail, except in relation to the specific usage limits and enforcement process described below, which this Fair Use Policy governs.
PURPOSE
PURPOSE
BrandDrive Inc ("BrandDrive", "we", "us" or "our") provides invoicing, analytics, shop, point of sale and inventory management products and services, including the BrandDrive Register and BrandDrive POS Apps and the Website (together, the "BrandDrive Service"). This Fair Use Policy exists to make sure that the BrandDrive Service remains fast, secure and reliable for all Customers and Authorised Users, including where a Customer has subscribed to a plan described as "unlimited." "Unlimited" refers to the removal of a specific numerical cap that would otherwise apply under a lower-tier plan; it does not mean unrestricted, and all use of the BrandDrive Service remains subject to this Fair Use Policy.
This Fair Use Policy applies to every Customer and Authorised User, regardless of subscription plan, and to all use of the Platform, the Apps and the Website.
BrandDrive Inc ("BrandDrive", "we", "us" or "our") provides invoicing, analytics, shop, point of sale and inventory management products and services, including the BrandDrive Register and BrandDrive POS Apps and the Website (together, the "BrandDrive Service"). This Fair Use Policy exists to make sure that the BrandDrive Service remains fast, secure and reliable for all Customers and Authorised Users, including where a Customer has subscribed to a plan described as "unlimited." "Unlimited" refers to the removal of a specific numerical cap that would otherwise apply under a lower-tier plan; it does not mean unrestricted, and all use of the BrandDrive Service remains subject to this Fair Use Policy.
This Fair Use Policy applies to every Customer and Authorised User, regardless of subscription plan, and to all use of the Platform, the Apps and the Website.
WHAT THIS POLICY COVERS
WHAT THIS POLICY COVERS
This Fair Use Policy sets out:
the standard of reasonable use expected of all Customers and Authorised Users;
indicative usage parameters that we monitor to protect the performance, security and availability of the BrandDrive Service;
conduct and content that is prohibited on the BrandDrive Service; and
how we monitor for, notify you of, and respond to unreasonable or prohibited use, including the actions we may take against your Account.
This Fair Use Policy sets out:
the standard of reasonable use expected of all Customers and Authorised Users;
indicative usage parameters that we monitor to protect the performance, security and availability of the BrandDrive Service;
conduct and content that is prohibited on the BrandDrive Service; and
how we monitor for, notify you of, and respond to unreasonable or prohibited use, including the actions we may take against your Account.
THE REASONABLE USE STANDARD
THE REASONABLE USE STANDARD
You agree to use the BrandDrive Service in a reasonable way. Use will generally be considered unreasonable where it:
causes, or is likely to cause, degraded performance of the BrandDrive Service for you or for other Customers;
creates a disproportionate load on our infrastructure relative to a typical Customer on the same plan and of a similar business size and type;
creates a security, stability or availability risk for BrandDrive, its infrastructure, or other Customers; or
requires a disproportionate amount of resource to support, including storage, processing capacity, or support/helpdesk time, relative to the Fees paid.
Where we determine, acting reasonably, that your use of the BrandDrive Service is not reasonable under this standard, we may impose limits on your use of the BrandDrive Service in accordance with Section 5 below.
You agree to use the BrandDrive Service in a reasonable way. Use will generally be considered unreasonable where it:
causes, or is likely to cause, degraded performance of the BrandDrive Service for you or for other Customers;
creates a disproportionate load on our infrastructure relative to a typical Customer on the same plan and of a similar business size and type;
creates a security, stability or availability risk for BrandDrive, its infrastructure, or other Customers; or
requires a disproportionate amount of resource to support, including storage, processing capacity, or support/helpdesk time, relative to the Fees paid.
Where we determine, acting reasonably, that your use of the BrandDrive Service is not reasonable under this standard, we may impose limits on your use of the BrandDrive Service in accordance with Section 5 below.
INDICATIVE USAGE PARAMETERS
INDICATIVE USAGE PARAMETERS
As a guide to what we consider reasonable, we monitor (among other things) the following parameters, per Customer:
storage required to host and back up your business data;
sales transactions processed per calendar month;
API (application programming interface) calls per five (5)-minute period;
page views per five (5)-minute period;
bandwidth usage per twenty-four (24)-hour period;
support tickets opened per calendar month; and
the number of business branches/outlets, registers, users, products and customers associated with your Account.
These parameters may vary by subscription plan, and the specific allowances applicable to your plan are set out on the Website or as otherwise notified to you. We may update these parameters from time to time in accordance with Section 8 (Changes to this Policy) and the "Plan Limits" section of the Terms.
As a guide to what we consider reasonable, we monitor (among other things) the following parameters, per Customer:
storage required to host and back up your business data;
sales transactions processed per calendar month;
API (application programming interface) calls per five (5)-minute period;
page views per five (5)-minute period;
bandwidth usage per twenty-four (24)-hour period;
support tickets opened per calendar month; and
the number of business branches/outlets, registers, users, products and customers associated with your Account.
These parameters may vary by subscription plan, and the specific allowances applicable to your plan are set out on the Website or as otherwise notified to you. We may update these parameters from time to time in accordance with Section 8 (Changes to this Policy) and the "Plan Limits" section of the Terms.
MONITORING AND ENFORCEMENT PROCESS
MONITORING AND ENFORCEMENT PROCESS
Where we identify use of the BrandDrive Service that we consider unreasonable or that exceeds the parameters applicable to your plan, we will generally take the following approach, save where Section 6 (Immediate Action) applies:
Step 1 — Notice: where reasonably possible, we will give you at least twenty-four (24) hours' notice, identifying the usage of concern and requesting that you reduce it or upgrade your plan.
Step 2 — Opportunity o remedy: you will have the opportunity to reduce your usage, adjust your configuration, or upgrade to a plan with higher or unlimited allowances for the relevant parameter.
Step 3 — Action: if usage is not brought within reasonable limits following notice, we may impose restrictions on your use of the BrandDrive Service, which may include throttling, rate-limiting, temporary suspension of the affected feature or integration, or suspension of your Account, in accordance with the "Cancellation of Accounts" section of the Terms.
Where we identify use of the BrandDrive Service that we consider unreasonable or that exceeds the parameters applicable to your plan, we will generally take the following approach, save where Section 6 (Immediate Action) applies:
Step 1 — Notice: where reasonably possible, we will give you at least twenty-four (24) hours' notice, identifying the usage of concern and requesting that you reduce it or upgrade your plan.
Step 2 — Opportunity o remedy: you will have the opportunity to reduce your usage, adjust your configuration, or upgrade to a plan with higher or unlimited allowances for the relevant parameter.
Step 3 — Action: if usage is not brought within reasonable limits following notice, we may impose restrictions on your use of the BrandDrive Service, which may include throttling, rate-limiting, temporary suspension of the affected feature or integration, or suspension of your Account, in accordance with the "Cancellation of Accounts" section of the Terms.
IMMEDIATE ACTION
IMMEDIATE ACTION
Notwithstanding Section 5, we may suspend or restrict your Account, your use of the BrandDrive Service, or any third-party integration connected to your Account, immediately and without prior notice, where we reasonably believe that:
your use, or an integration connected to your Account, is creating an immediate security or availability risk to BrandDrive or its Customers;
your use involves suspected fraud, circumvention of our KYC/KYB protocols, or unlawful activity; or
immediate action is necessary to prevent harm to BrandDrive, other Customers, or third parties.
Where we take immediate action under this Section, we will notify you as soon as reasonably practicable and explain the reason for the action taken.
Notwithstanding Section 5, we may suspend or restrict your Account, your use of the BrandDrive Service, or any third-party integration connected to your Account, immediately and without prior notice, where we reasonably believe that:
your use, or an integration connected to your Account, is creating an immediate security or availability risk to BrandDrive or its Customers;
your use involves suspected fraud, circumvention of our KYC/KYB protocols, or unlawful activity; or
immediate action is necessary to prevent harm to BrandDrive, other Customers, or third parties.
Where we take immediate action under this Section, we will notify you as soon as reasonably practicable and explain the reason for the action taken.
PROHIBITED USES
PROHIBITED USES
In addition to the reasonable use standard above, you must not use the BrandDrive Service to do, attempt to do, or facilitate any of the following:
share, resell, sub-license or otherwise make the BrandDrive Service available to any person or entity other than your own Authorised Users, except as expressly permitted under a plan or written agreement with BrandDrive;
circumvent, or attempt to circumvent, any plan limits, usage parameters or Fees applicable to your Account, including by operating multiple Accounts to avoid a single set of limits;
provide false, misleading or fraudulent information as part of our KYC or KYB protocols, or otherwise misrepresent your identity, business, or transactions;
use the BrandDrive Service for any unlawful purpose, or in a manner that infringes the rights of any third party;
submit any Sensitive Data (as defined in the Terms) to the BrandDrive Service;
probe, scan, or test the vulnerability of the BrandDrive Service, or attempt to breach any security or authentication measures, without our prior written consent;
introduce any virus, worm, malicious code, or other harmful material to the Platform, Apps or Website;
use automated means (including bots, scrapers or crawlers) to access the BrandDrive Service in a way that is inconsistent with normal use or that places a disproportionate load on our systems;
reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the BrandDrive Service, save to the extent this restriction is prohibited by applicable law; or
use the BrandDrive Service in any way that could damage, disable, overburden, or impair the BrandDrive Service or interfere with any other party's use of it.
In addition to the reasonable use standard above, you must not use the BrandDrive Service to do, attempt to do, or facilitate any of the following:
share, resell, sub-license or otherwise make the BrandDrive Service available to any person or entity other than your own Authorised Users, except as expressly permitted under a plan or written agreement with BrandDrive;
circumvent, or attempt to circumvent, any plan limits, usage parameters or Fees applicable to your Account, including by operating multiple Accounts to avoid a single set of limits;
provide false, misleading or fraudulent information as part of our KYC or KYB protocols, or otherwise misrepresent your identity, business, or transactions;
use the BrandDrive Service for any unlawful purpose, or in a manner that infringes the rights of any third party;
submit any Sensitive Data (as defined in the Terms) to the BrandDrive Service;
probe, scan, or test the vulnerability of the BrandDrive Service, or attempt to breach any security or authentication measures, without our prior written consent;
introduce any virus, worm, malicious code, or other harmful material to the Platform, Apps or Website;
use automated means (including bots, scrapers or crawlers) to access the BrandDrive Service in a way that is inconsistent with normal use or that places a disproportionate load on our systems;
reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the BrandDrive Service, save to the extent this restriction is prohibited by applicable law; or
use the BrandDrive Service in any way that could damage, disable, overburden, or impair the BrandDrive Service or interfere with any other party's use of it.
REPORTING CONCERNS
REPORTING CONCERNS
If you become aware of activity on or affecting the BrandDrive Service that you believe breaches this Fair Use Policy, please contact us at hello@branddrive.co with as much detail as you can provide. We will review all reports and may request further information from you.
CONSEQUENCES OF BREACH
CONSEQUENCES OF BREACH
Breach of this Fair Use Policy is treated as a breach of the Terms. Depending on the nature and severity of the breach, we may, in accordance with the "Cancellation of Accounts" and "Breaches of these Terms Notices" sections of the Terms, impose usage restrictions, suspend affected features or integrations, suspend or terminate your Account, or take any other action available to us under the Terms, including reporting suspected unlawful activity to the relevant authorities.
We are not liable for any loss you incur as a result of restrictions or suspension imposed under this Fair Use Policy where we have acted reasonably and, where applicable, in accordance with the notice process in Section 5.
CHANGES TO THIS POLICY
CHANGES TO THIS POLICY
We may update this Fair Use Policy from time to time, including to reflect changes to our infrastructure, plans, or usage parameters. Changes will not be retroactive. We will make reasonable efforts to notify you of material changes, including via email to your Primary Admin or a notice within the Apps or Website, consistent with the "Updates, Modifications, and Amendments" section of the Terms. Your continued use of the BrandDrive Service after changes take effect constitutes acceptance of the updated policy.
CONTACT US
CONTACT US
If you have any questions about this Fair Use Policy, please contact us at hello@branddrive.co.
