Acceptable Use Policy

Last Updated: January 11, 2023

THIS ACCEPTABLE USE POLICY (“AUP”) DESCRIBES RULES THAT APPLY TO ANY PARTY (“YOU”, “YOUR”, “YOURS”, OR “CUSTOMER”) ACCESSING OR USING THE FARO PLATFORM OR ANY PRODUCTS AND SERVICES (COLLECTIVELY “SERVICES”) PROVIDED OR OTHERWISE MADE AVAILABLE BY FAROVERSE, INC. OR ANY OF ITS AFFILIATES (COLLECTIVELY, “FARO”) AND ANY USER OF THE SERVICES AUTHORIZED OR MADE AVAILABLE BY CUSTOMER, INCLUDING YOUR END USERS (“USERS”). THE EXAMPLES DESCRIBED IN THIS AUP ARE NOT EXHAUSTIVE. CUSTOMER IS RESPONSIBLE FOR ITS END USERS’ COMPLIANCE WITH THIS AUP.

IF CUSTOMER OR ANY USER VIOLATES THIS AUP, FARO MAY SUSPEND CUSTOMER’S USE OF, AND/OR THE USER’S ABILITY TO ACCESS, THE SERVICES. THIS AUP MAY BE UPDATED BY FARO FROM TIME TO TIME UPON REASONABLE NOTICE, WHICH MAY BE PROVIDED VIA CUSTOMER’S ACCOUNT, E-MAIL, OR BY POSTING AN UPDATED VERSION OF THIS AUP AT  WWW.FARO.XYZ. CAPITALIZED TERMS USED BELOW BUT NOT DEFINED IN THIS POLICY HAVE THE MEANING SET FORTH IN THE FARO MASTER SUBSCRIPTION AND SERVICES AGREEMENT (“MSSA”).

1
Prohibited Material
Customers shall not, and shall not allow any third party, including Users, to use the Services to display, store, process, or transmit, or permit use of the Services to display, store, process, or transmit any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. Such materials include, but are not limited to:
  • Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
  • Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
  • Obscene, excessively profane material or otherwise objectionable material;
  • Material advocating or advancing criminal hacking, cracking, or phishing;
  • Material related to illegal drugs or paraphernalia;
  • Code, bots. files, scripts, agents, or programs, such as viruses, worms, time bombs or Trojan horses, intended to do harm, including viruses or malware 
  • Material that violates, encourages, or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
2
Prohibited Activities

Customers shall not use the Services to, nor allow its Users or any third party to use the Services to:

  • Send communications or email in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation;
  • Mine data or harvest any web property to find email addresses or other user account information;
  • Send unauthorized mail via open, third-party servers;
  • Sell to, exchange or share with, or distribute to a third party personal information without such person’s knowing and continued consent to such disclosure;
  • Send unsolicited emails to individuals and/or entities with whom you have no preexisting relationship;
  • Send, upload, distribute, or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support, or facilitate unlawful, hateful, discriminatory, or violent causes;
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Conduct or forward multi-level marketing, such as pyramid schemes and the like;
  • Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of any applicable law including anti- spam, telemarketing, or telephone consumer protection laws or regulations;
  • Transmit content that may be harmful to minors;
  • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Impersonate another person, entity, or Faro or otherwise misrepresent themselves or the source of any communication;
  • Violate the rights (such as rights of privacy or publicity) of others;
  • Promote, facilitate, or encourage illegal activity;
  • Intentionally or unintentionally interfere with the availability of the Services for other users; 
  • Engage in activity in connection with illegal peer-to-peer file sharing;
  • Engage in or promote gambling, or run a gambling operation;
  • Sell, distribute, or export any contraband; 
  • Remove any copyright, trademark, or other proprietary rights notices contained in or on the service or reformat or frame any portion of the web pages that are part of the Services administration display; or
  • Access a third-party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity.
3
No Disruption
Customers shall not violate, or attempt to violate, the integrity of the Services. Such violations, include, but are not limited to:
  • Probing, scanning, or testing the vulnerability of any system or network that hosts our Services;
  • Tampering with, reverse-engineering, or hacking our Services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the Services, related systems, networks, or data;
  • Modifying, disabling, or compromising the integrity or performance of the Services or related systems, network or data;
  • Deciphering any transmissions to or from the servers running the Services; or
  • Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
4
Data Safeguards
Customer is responsible for determining whether the Services offer appropriate safeguards for Customer’s use of the Services, including, but not limited to, any safeguards required by Applicable Laws, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications via the Services.