Last updated : March 21, 2019
Any and all use of Engage Service is subject to and conditioned upon compliance with the following Acceptable Use Policy (“AUP”). If you have an Agreement with Dimelo SA, this AUP is incorporated into and made a part of your Agreement with Dimelo SA or RingCentral. This AUP and the Agreement are complementary. However, in the event of a conflict, the Agreement will prevail.
Dimelo SA may revise this AUP at any time at its sole discretion by posting the revised AUP on the dedicated webpage. However, the version of the AUP that is binding upon the Client remains the one that was effective on the date of the signature of the Agreement.
Use of the Service
The use of the Service is strictly limited to the following: (i) to access, read and reply to Incoming Messages sent from the Client’s Points of Contact or the Connected Third-Party Service, (ii) to supervise and analyse use and, more generally (iii) to collect, manage and process the Client Data.
The Service may not be used to:
(i) store or transfer unlawful or fraudulent data or data infringing third-party rights;
(ii) store or transfer viruses or malware;
(iii) harm the integrity or performance of the data or the Service;
(iv) attempt to breach the restricted access policy;
(v) circumvent a contractual restriction on use;
(vi) copy all or part of the Service, including functionalities and interfaces;
(vii) copy documentation for an unauthorised use;
(viii) encapsulate or reproduce all or part of the Service unless formally authorised by Dimelo SA;
(ix) access or use the Service in an attempt to develop a competing product; or
(x) attempt to reverse engineer the Service.
Access and Codes
Users will be provided with personal access codes (username and password) and must keep those codes strictly confidential. Users are responsible for protecting their access codes and undertake not to disclose them to any person.
If a User becomes aware of a breach of confidentiality (accidental disclosure (loss, theft etc.) or deliberate disclosure), the User shall immediately email the Client and the SaaS Provider at email@example.com. In such a case, the Dimelo SA shall take such steps as are necessary to delete the fraudulent access.
If that breach of confidentiality leads to a Personal Data breach, the User shall inform the Client and shall send an email to firstname.lastname@example.org to inform Dimelo SA without undue delay after becoming aware thereof.
Whenever a User is authenticated using an Secure Access and a password, the holder of the Secure Access used will be irrefutably presumed to have carried out the transactions performed using that Secure Access.
Dimelo Warranty Exclusion
Dimelo SA’s warranty under the Agreement will cease to apply, by operation of law, if the Defects and the corresponding damage or loss (including a loss of Client Data) were caused by: (i) a use of the Service in abnormal conditions, contrary to the Acceptable Use or the Service Description; (ii) the use of a Secure Access by any person who is not an Authorised Person; (iii) a configuration that is inconsistent with the Technical Sufficiency Criteria or not authorised by Dimelo SA; (iv) a use of the Service in conjunction with other applications or interfaces that have not been approved by Dimelo SA; (v) an improper operation or wrongful conduct by the Client, for which it is liable; (vi) viruses or malware spread by the Client; and (vii) an act or omission of a third party or a force majeure event.
The User is reminded that the Service is provided “as is” and that Dimelo SA does not warrant any of the following, in any circumstances whatsoever: (i) that the Service is suitable for a specific need or the Client’s business operations; (ii) that the Service is able to perform the tasks or reach the targets or results set by the Client; (iii) that there are no flaws in the Dimelo Software; (iv) that the Platform will be accessible without interruption; (v) that the data generated from the Connected Third-Party Services will be collected in a timely manner or that it will be complete; (vi) compliance with any legislation other than the legislation expressly stated; (vii) the existence, accuracy, quality, integrity, lawfulness, ownership or truthfulness of the Collected Data.
Accordingly, the User undertakes not to directly or indirectly infringe the Intellectual Property Rights, in any manner whatsoever, and also undertakes, in particular, to use the Service solely for its intended purpose and on the terms and conditions set out in the Agreement.
The User undertakes not to: (i) reverse engineer the Service (or the Dimelo Software) with a view to producing a competing product or service and/or copy or reproduce any functionalities, functions or any graphics of the Service; (ii) license, sublicense, sell, rent, assign, transfer, exploit or distribute the Service or otherwise make it available to third parties; (iii) distort or disrupt the integrity or performance of the Services or the data it contains; and (iv) obtain unauthorised access to the Service or the systems or networks associated with the Service.
Suspension of the Service
The SaaS Provider reserves the right to suspend access to the Service in the following cases: (i) non-compliance with this Applicable Use Policy; (ii) if the Client uses the Service in a manner that breaches the law (or if such a breach is imminent); (iii) if it triggers a spike of unusual traffic leading Dimelo SA to believe that the traffic is fraudulent or having a serious impact on the performance of the Service; (iv) if it is the target of a law prohibiting it from using the Service; or (v) if it fails to comply with the various orders to pay sent following a payment default. The provision of and access to the Service for such a Client will resume as soon as the above-mentioned breach triggering the suspension of the Service has been cured.