Acceptable Use Policy (AUP)
This Acceptable Use Policy ("AUP") is an integral part of Fireberry Software LTD ("us," "we," "our," or "Fireberry") Terms of Service, available at https://www.fireberry.com/terms-of-service. Fireberry's Customers and/or any of the Customer's authorized Users (collectively referred to herein as "you," "your," or "Customer") must comply with this AUP when using Fireberry's Services, Sites, and any Additional Services provided by Fireberry. This AUP describes the rules and prohibited activities that apply to you when using Fireberry's Services, Sites, and Additional Services. The rules and prohibited activities described in this AUP are not exhaustive, and this AUP may be periodically modified at our discretion. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Fireberry Terms of Service. You should regularly check for updated editions of this AUP, review Fireberry's AUP carefully, and familiarize yourself with its details. While using Fireberry's Services, Sites, and/or Additional Services, including through functionalities within the Services, such as AI functionalities, you assert, confirm, and agree not to engage in, or cause others to engage in, any of the following:
1. Prohibited Activities
1.1. You shall not use Fireberry Services, Sites and/or Additional Services, or any Third-Party Services, to transmit malware or host phishing pages. You shall not perform activities or upload or distribute materials or content that may cause harm to or disrupt the operations of Services, Sites, and/or Additional Services, including the underlying infrastructure of Fireberry Services, Sites, and/or Additional Services.
1.2. You shall not create a false identity or misrepresent your affiliation with an individual, organization, or entity, and you shall not impersonate any individual or entity, including, but not limited to, Fireberry employees, Customers, Administrators, or Authorized Users.
1.3. You shall not attempt to gain unauthorized access to Fireberry Services, Sites and/or Additional Services, or related systems or networks; and you shall not attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of Fireberry Services, Sites and/or Additional Services.
1.4. You shall not access, attempt to access, tamper with, bypass, or exploit any portion of Fireberry Services, Sites, and/or Additional Services—including their underlying system, network, or technology—by any means other than through the interface provided in connection with Fireberry Services, Sites, and/or Additional Services, unless otherwise explicitly stated and allowed in a separate binding agreement between the Customer and Fireberry.
1.5. You shall not scan, probe, or test the vulnerability of any system connected to Fireberry Services, Sites, and/or Additional Services, nor shall you breach or circumvent any security or authentication measure.
1.6. You shall not reverse engineer, copy, disassemble, or decompile any part or whole of Fireberry Services, Sites, and/or Additional Services.
1.7. You shall not attempt to disrupt or overwhelm our infrastructure by imposing unreasonable requests or burdens on our Services, Sites, and/or Additional Services by any means, including, but not limited to, using malicious automated or unautomated software, bots, or systems.
1.8. You shall not misuse or otherwise use Fireberry Services, Sites, and/or Additional Services in an excessive manner compared to anticipated standard use, including, but not limited to, consuming disproportionate amounts of storage or excessive use of bandwidth.
1.9. You shall not use Fireberry Services, Sites, and/or Additional Services for the purpose of violating the privacy of others, including disseminating private and confidential information of others without their express permission.
1.10. You shall not upload to, or transmit from, Fireberry Services, Sites, and/or Additional Services any data, software, file, or link that contains or redirects to a virus, worm, bots, scripting exploits, or other harmful and/or malicious components or technology that may, or is intended to, damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actual or potentially harmful, disruptive, or invasive code or component.
1.11. You shall not use Fireberry Services, Sites, and/or Additional Services to perform any activities that are defamatory, libelous, threatening, harmful, abusive, or offensive, or which constitute hate speech of any kind, harassment, or stalking.
1.12. You shall not use Fireberry Services, Sites, and/or Additional Services to violate laws, regulations, industry standards, governmental orders, and/or governmental guidance in any jurisdiction
1.13. You shall not violate Fireberry's, or a third party's, intellectual property rights, including, but not limited to: trademarks, patents, copyrights, moral rights, trade secrets, privacy rights, or any other proprietary rights.
1.14. You shall not use Fireberry Services, Sites, and/or Additional Services to transmit images or depictions of sexual activity, child abuse, and/or physical abuse of any kind.
1.15. You shall not utilize Fireberry AI features, functionalities, and tools for the following purposes: (i) creating spam or misleading content; (ii) misleading any person or suggesting that outputs generated using Fireberry AI features and functionalities are uniquely or exclusively human-generated; (iii) developing data sets, foundation models, or other large-scale models that could compete with Fireberry products and services; (iv) engaging in activities that contravene any laws, regulations, technical documentation, usage guidelines, policies, or other terms, as stipulated or communicated by Fireberry or any third party; (v) modifying or creating derivative works of Fireberry products; (vi) reverse assembling, reverse compiling, decompiling, translating, conducting model extraction or theft, or attempting to uncover the source code or underlying components of Fireberry models, algorithms, and systems or its AI features and functionalities (unless such activities are permissible under applicable law); (vii) buying, selling, or transferring API keys without the prior written consent of Fireberry; or (viii) extracting data from Fireberry other than as allowed through the API. Furthermore, your use of and access to Fireberry AI features, functionalities, and tools is subject to fair usage limitations as we determine them solely. You acknowledge and accept that exceeding these fair usage limits may result in the requirement to acquire additional usage rights to continue accessing and utilizing Fireberry AI features, functionalities, and tools, and Fireberry reserves the right to impair or limit the performance of these features, functionalities, and tools in response to such excess usage.
2. Data Safeguard Protection Levels
You are responsible for determining if Fireberry Services offers appropriate safeguards for your use of our Services, Sites, and/or Additional Services. You assert and confirm that prior to transmitting or processing any data or communications via our Services, Sites, and/or Additional Services, you have verified that Fireberry's safeguard protocols and procedures are sufficient.
3. Data Monitoring
In compliance with this AUP, Fireberry's Terms of Service, and/or any applicable law or regulation, we may screen and/or monitor any data, content, images, or information transmitted, submitted, and/or uploaded into our Services, Sites, and/or Additional Services, at any time and at our discretion.
4. Copyright Infringement Claims
By using Fireberry Services, Sites, and/or Additional Services, you hereby acknowledge, agree, and affirm your responsibility to cooperate with us in any instance of alleged copyright infringement brought by a third party.
5. Violation Repercussions
At any time that we suspect the Customer and/or Customer's Users' use of Fireberry Services, Sites, and/or Additional Services is in violation of this AUP, our Terms of Service, and/or any applicable law or regulation, we reserve the right to suspend and/or terminate the Customer's Account or limit access to our Services, Sites, and/or Additional Services. We may also remove, erase, or delete, at our discretion, the Customer's Data and/or any Public Submission that is deemed in violation of this AUP, our Terms of Service, and/or any applicable law or regulation.
6. Changes and Updates
We may change or modify, in whole or in part, this AUP at any time and at our discretion. By continuing to use Fireberry Services, Sites, and/or Additional Services after any such modifications and/or changes are adopted in our publicly revised version of this AUP, you assert and agree to comply with the latest version of this AUP. In the event of a conflict between this AUP and Fireberry's Terms of Service, this AUP shall prevail, but only to the extent required to resolve such conflict. If we make material changes to this AUP, we will notify you by prominently displaying a notice within the Services or by sending an email.
7. Translated Versions
This AUP was written in English, and for convenience, we may translate this AUP into other languages. If there is a conflict between a translated version (non-English) of this AUP and the English version, the provisions of the English version shall prevail.
8. Violation Report
Violation of this AUP may be reported to legal@fireberry.com. Customer and/or any Authorized Users agree to immediately report any known or suspected violations of this AUP to Fireberry and cooperate, as needed, in the investigation of, and/or resolution to, any reported violation.