Acceptable Use Policy

Last Modified: December 11, 2019

At Kandji, we want you to enjoy using the full scope of our service. However, we also need to establish what practices are and are not acceptable when using the system. With this in mind, this Acceptable Use Policy governs your access to and use of all Kandji products and services (collectively “Service”) provided directly by us (“Kandji”) or through a third party, including third-party resellers and corporate accounts. By opening an account with us or accessing our Service through an employer, you agree to comply with this Acceptable Use Policy. We may terminate or suspend your use of our Service if we determine, in our sole discretion, that you are violating this Acceptable Use Policy or assisting others in doing so.

This Acceptable Use Policy applies to any and all users of our Service regardless of how you became a user. You may contact us at legal@kandji.io if you have questions about this policy.

1. Reporting and Requests

If you suspect a user of our Service has violated our Acceptable Use Policy or other standards, please contact us at legal@kandji.io using the subject line “Reporting Violation.” We will investigate all claims and make a determination in our sole discretion as to whether a violation has occurred and the appropriate remedy.

If you are a user of our Service, you should honor the spirit of this Acceptable Use Policy when using Kandji. If you have questions as to whether a particular act would be acceptable or not, please contact us first.

2. System Misuse

You agree not to use the Service to negatively impact the systems of a third party including, but not limited to, acts intended to damage computer systems, websites, or apps through acts designed to cause disruptions. You further agree not to use our Service to gain unauthorized access to third-party systems including, but not limited to, penetration testing and other techniques and strategies that would be considered a violation of the Computer Abuse and Fraud Act or similar laws, unless you have express prior consent to do so from the party in question. Finally, you agree not to transmit or distribute any form of malicious software via our Service. We will work with legal authorities in regard to any claims of criminal conduct by any user of our Service. These prohibitions shall apply, in our sole discretion, regardless of whether your conduct is intentional or unintentional.

3. Prohibited Telephone Communications

You agree to comply with all relevant laws associated with telephone marketing and communications when using our Service including, but not limited to, the:

TCPA - Telephone and Consumer Protect Act of 1991
Do-Not-Call Implementation Act of 2003
CAN-SPAM Act - Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003
GDPR – EU’s General Data Protection Regulation
CASL – Canada’s Anti-Spam Law

You further agree to comply with all Mobile Marketing Association standards when placing telephone calls.

4. Prohibited Email Communications

You agree not to use our Service to send, transmit, distribute, or deliver unsolicited email messages, in bulk or individually, to third parties in violation of applicable laws including, but not limited to:

CAN-SPAM
CASL
GDPR

a. Email Opt-Out Compliance

You represent and warrant that you will include an opt-out option in every email message you send through the Service in compliance with relevant laws such as those noted in the list in the first paragraph of this section. You further represent and warrant that such opt-out options shall be fully functional and that you shall comply with all opt-out requests in a timely manner as required by law. This requirement shall not apply to messages that do not require opt-out functionality, such as particular administrative communications.

b. False and Misleading Information

You may not use false or misleading information when sending email messages to us or through the Service to third parties. This prohibition includes the use of:

False or misleading names;
False or misleading subject lines;
False or misleading email address;
Forged headers;
False or misleading domain names;
Any technique to hide the origin point of the message in question;
Any other deceptive technique, act, or information;
A third parties domain name, trademark, or identity without their consent;
The transmission of a message through a third parties email server or other systems without their consent;
Any content containing malicious software in hidden form.

c. Third-Party Lists

You may not use the Service to email parties from a purchased, rented, scraped, harvested, or borrowed list of email addresses.

5. Restricted Uses

You may not use and agree not to use the Service as follows:

To reverse engineer or duplicate the Service.
For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity.
To impersonate or attempt to impersonate Kandji, a Kandji employee, another user, or any other person or entity.
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Kandji or users of the Service or expose them to liability.
To allow others to use the Service for emergency communications or emergency calls.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) including those laws detailed in this Acceptable Use Policy as well as legislation including, but not limited to, regulations published by government agencies for the industry in which you are communicating, SEC guidelines, stock exchange rules and regulations, and Electronic Commercial Directive 2000/31/EC.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
Access data on or through the Service that is not intended for you.
Use any hardware, software, or other device, process, or means to access the Service for any purpose, including monitoring or copying any Service traffic, user communications, email messages, or resources available on the Service.
Use any manual process to monitor or copy any Service traffic or resources available on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, or other software or material which is technologically harmful.
Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Service.
Sell, license, distribute, or give away free access to the Service with the exception of authorized users.
Sell, license, distribute, or give away information or software code detailing how to exploit or breach the security of the Service.
Otherwise attempt to interfere with the proper working of the Service.
Falsify or delete legal or proprietary designations of ownership or licensing rights for uploaded content including software.
Violate any agreement you have entered into with a third party such as an internet service provider.

Content Standards

You agree not to use the Service to send, knowingly receive, upload, download, use, or re-use any material which:

Contains any material that is defamatory, obscene, threatening, harassing, abusive, offensive, violent, hateful, inflammatory, a form of stalking, fraudulent, false, or otherwise objectionable.
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Is likely to deceive any person.
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

Kandji, in its sole discretion, will determine whether your conduct is in compliance with this Acceptable Use Policy. We have the right to:

Monitor your use of the Service for any purpose in our sole discretion and as we see fit.
Take any action we deem necessary or appropriate in our sole discretion if we believe a user’s conduct violates this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Kandji.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Acceptable Use Policy.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Service.

YOU WAIVE AND HOLD HARMLESS KANDJI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KANDJI, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6. Restricted Industries

You agree to not use our Service for facilitation of communications for the following subjects:

Gambling services or products;
Escort and dating services;
Multi-level marketing;
Pornography;
Cryptocurrency;
Accessing and using the dark web;
Pharmaceutical products;
Illegal product or services marketing;
Work from home business opportunities;
Lead generation opportunities; and
Any service or product deemed illegal under law.

We reserve the right to amend this list at any time in our sole discretion with such amendments becoming binding with immediate effect.

7. Kandji Intellectual Property

You may not use any intellectual property of Kandji without our express written consent. Intellectual property shall mean trademarks, service marks, copyrights, patents, and trade secrets. Please contact us if you wish to use such intellectual property and we will accept or reject your request in our sole discretion.

8. General Terms

We may suspend or terminate your access to and use of the Service if you breach this Acceptable Use Policy or our Terms of Use, as determined in our sole discretion. If we contact you regarding a potential violation, you must respond to us within three business days or we will assume the violation is valid.

We reserve the right to amend, alter, or modify this Acceptable Use Policy at any time. If we do so, we will provide you with notice of such update or change and provide you with a period of time to accept or reject the modification.