Acceptable Use Policy

Last updated: April 21, 2023

SOCi, Inc. (“SOCi”) maintains this acceptable use policy (“Acceptable Use Policy” or “AUP”), which SOCi maintains and updates at https://www.soci.ai/aup/, that applies to SOCi’s Platform and/or Subscription Services, and all Users on how you may or may not uses the Platform and/or Subscription Services. Updates to the AUP are published online. It is your responsibility to regularly visit our website for published updates and changes to the AUP. Capitalized terms not defined in this AUP have the meanings set forth in the Agreement.

In your use of the SOCi Platform and/or Subscription Services, you acknowledge and agree to the following:

1. Definitions

1. “Customer Content” means any content, data, text, messages, and images that are (a) transmitted to the Customer’s SOCi User Account by Partner on behalf of Customer, Customer, or authorized Customer User, on behalf of or at the direction of Customer; or (b) Subscription Services published through Customer’s SOCi User Account to the Networks.
2. “Derivative Works” means work created by Customer or Customer User that includes or incorporates Customer Content, External Content and any other third-party content.
3. “External Content” means any content, including links, posts, and excerpts, that may be obtained by SOCi on Customer’s behalf, not created by Customer or Customer User, that have been made publicly available that Customer can access via Customer’s SOCi User Account, including through RSS Feeds, Facebook or other networks or publishers, and data derived therefrom, including reports, summaries, graphs, and charts.
4. “Network” means any third-party social media or business network site that is being managed by Customer and/or authorized User through Customer or Customer’s User Account and/or the Subscription Services (such as, Facebook, Twitter, LinkedIn, Google My Business, etc.).
5. “Subscription Services” means the SOCi subscription services you have the right to use on an annual basis to access via the SOCi Platform.
6. “User” ” means an individual who is authorized by Customer (or its Affiliates) to use the Subscription Service sand for whom the Subscription Service has been provisioned. Unless otherwise agreed to in writing by SOCi, Users may only be employees and consultants of Customer, its affiliates, or Customer franchisees.

2. General Rules

You must:

1. use your best efforts prevent unauthorized access the SOCi Platform and/or Subscription Services;
2. keep your login credentials, including your password, confidential at all times;
3. comply with all applicable terms for the Network sites you publish to or access via the Platform and/or Subscription Services;
4. promptly notify SOCi (with undue delay) if you become aware of or suspect any security breach of your User Account, including any loss, theft, or unauthorized disclosure of your username, password, User Account or any other login credentials;
5. be eighteen (18) years or older; or
6. must not be prohibited or restricted in any way from having a SOCi User Account; and
7. comply with all applicable laws in your use of the SOCi Platform and/or Subscription Services.

3. Customer Content

As applicable to your use of the Platform, by posting Customer Content or publishing to Networks through the Platform and/or Subscription Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

1. is unlawful, tortious, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies (including any applicable laws as to content made for children);
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability in violation of this AUP, applicable laws of any applicable Network terms;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. introduces or contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
6. impersonates any person or entity, including any of its employees or representatives; or
7. could disable, overburden, damage, or impair the Platform or interfere with any other Party’s use of the Platform, including their ability to engage in real time activities through the Platform.

4. Additional Obligations

In addition to the above and as applicable to your use of the Platform and/or Subscription Services, you agree not to:

1. use any device, software, or routine that interferes with the proper working of the Platform;
2. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
3. attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
4. otherwise attempt to interfere with the proper working of the Platform and/or the Subscription Services.

5. Right to Remove Content

We and our agents have the right in our sole reasonable discretion and to ensure to continued use of the Platform and/or Subscription Services for all our customers to remove any Customer Content that, in our reasonable judgment, does not comply with this Acceptable Use Policy, is required to be removed by the Networks or publishers in compliance with social media content moderation laws or regulations, or any other rules of user conduct for the Subscription Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal.

6. Compliance with Laws, the Networks and Disclaimer

Your use of the Platform and/or Subscription Services is subject to all applicable laws and regulations, as well as the applicable terms of the Networks, or any third party service or site that you access via the Subscription Services to manage (such as, Facebook, Twitter, LinkedIn, Google Plus, Yelp, OpenAI, etc.), and you, not SOCi, are solely responsible to ensure that your use of the Subscription Services is in compliance therewith. Your use of the Platform and Subscription Services is at your sole risk and is provided on an “AS IS” and “AS AVAILABLE” basis. You must not modify, adapt or hack the Subscription Services or modify another website so as to falsely imply that it is associated with the Platform, Subscription Services or SOCi. You will not reproduce, duplicate, copy, sell, resell or exploit, any portion of the Subscription Services, use of the Subscription Services, or access to the Platform without the express written permission. You may not overwhelm the Platform and/or Subscription Services by using significantly more bandwidth than other customers, as determined by us at our sole discretion, nor degrade the reliability, speed, or operation of the Platform, Subscription Services or any underlying hardware or software thereof. The Subscription Services may not be used in connection with promoting anything, which in our sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Platform or Subscription Services to transmit any worms, viruses, or any code of a destructive nature.

7. Prohibited Actions

You will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platform, Subscription Services, or any software, documentation or data related to the Platform (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Platform; use the Platform other than for your internal benefit; use the Subscription Services other than in accordance with this Acceptable Use Policy or any other written agreement with respect to the subject matter hereof or and in compliance with all applicable laws and regulations, including but not limited to any privacy laws, rules and regulations, and laws , rules and regulations concerning telemarketing, text messaging, email marketing, intellectual property, consumer and child protection, obscenity or defamation.

8. No Backup Responsibility

We are not required to keep back-up copies of any data on the Platform once your access to the Subscription Services is suspended or terminated in any way. We make no guarantee that any data provided will be safely stored. To be safe, you should independently back-up your data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate any User in accordance with this Acceptable Use Policy and in our sole discretion.