Acceptable Use Policy (“AUP”)
This Acceptable Use Policy is incorporated by reference into the Customer's Agreement with EValue. It governs how the Customer (on its own behalf and on behalf of its group companies) and (where appropriate) the Customer User Community, sub-licensees, anyone accessing EValue's products or services with the Customer's permission, or as a result of the Customer assisting another person in an activity that would violate this AUP if performed by the Customer.
- In relation to APIs:
- Only the designated “endpoint-healthcheck” API shall be used by the Customer to monitor the availability of the API endpoints. This can be called at a maximum rate of 1 call per minute.
- Load testing of the Customer's own systems that call API's is acceptable up to the Customer's agreed credit/call allowances.
- The Customer must not exceed a maximum of 20 simultaneous calls/requests per second.
- Prohibited Use:
As a condition of use of EValue's Product or Services, the Customer agrees not to use the Services or access the Products nor permit them to be used:
- for direct stress testing and load testing of the API endpoints (subject to paragraph 1a. above;
- for the purposes of caching or storing results of the APIs for longer than 24 hours in order to use those results on different days for different forecasts (for the avoidance of doubt, the Customer shall be permitted to store or cache the results of APIs for audit trail and regulatory purposes);
- for enumerating all possible inputs;
- for exhaustively calling the APIs for the purposes of extracting the underlying data;
- for purposes of promoting unsolicited advertising or sending spam;
- to simulate communications from EValue or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- in any manner that disrupts the operations, business, equipment, websites or systems of the Supplier or any other person or entity (including any denial of service and similar attacks) including excessive use of shared system resources;
- to promote any unlawful activity;
- in violation of export laws, controls, regulations or sanction policies of the United States or the Customer's applicable jurisdiction;
- to represent or suggest that EValue endorses any other business, product or service unless the Supplier has separately agreed to do so in writing;
- in any manner which may impair any other person's use of EValue's Products or use of any other services provided by EValue to any other person;
- in any manner to probe, scan, penetrate or test the vulnerability of EValue's system or network;
- to attempt to circumvent any authentication measures, security controls or mechanisms, whether by passive or intrusive techniques;
- to attempt to circumvent any password or user authentication methods of any person; or
- in any manner inconsistent with the Supplier's instructions or other instructions provided by the Supplier from time to time.
- Operating System End of Life (“EOL”)
The Customer is at risk at being exposed to unknown and unpreventable vulnerabilities by using the EOL operating system or software. The Customer may and should not utilize an operating system platform or software which has been declared by EValue to be End of Life (EOL). An EOL declaration is regarded as a safequard to the Customer which means that no further changes to the platform will be made, the support for the platform will end, there will be no new releases or patches created, there will be no testing being conducted after the EOL date, and there will be no technical support provided by EValue.
- Cooperation with Investigations and Legal Proceeding
- If EValue is legally required to permit any relevant authority to inspect the Customer's content or traffic, the Customer agrees it can do so, provided however that, where possible without breaching any legal or regulatory requirement, EValue shall give the Customer reasonable prior notice of such requirement.
- EValue may, without notice to the Customer, report to the appropriate authorities any conduct by the Customer that it believes violates applicable law, and provide any information it has about the Customer, or its users or traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
- Right to Suspend
EValue's right to suspend or terminate access to its Products applies even if a breach is committed unintentionally or without the Customer's authorisation, including through a Trojan horse or virus.
- Changes to the AUP
- EValue may amend the AUP from time to time to advise of further reasonable restrictions and/or enhancements on the Customer's use of EValue's API's or Software. A revised version of the AUP will be published at https://www.ev.uk or in the event of a material adverse change to the AUP, EValue will provide the Customer with thirty (30) days written notice.
- The revised AUP will become effective on the first to occur of: (i) the Customer's execution of a new or additional order that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Order that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following EValue's written notice to the Customer of a material change to the AUP.
- If for any reason, the revised AUP would adversely affect the Customer's use of the API's and Software, the Customer may terminate its Agreement with EValue by giving EValue written notice of its objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to the Customer. On these grounds, EValue will not charge the Customer an early termination fee. If the Customer wishes to continue using the API's or Software for up to an additional ninety (90) days, EValue will not enforce the revision as to the Customer during this time. The Customer will continue to be subject to the prior version. If the Customer chooses to terminate its Agreement, EValue may decide to waive that change as to its Customer and keep the Customer's Agreement in place for the remainder of the term.