Acceptable Use Policy

This Acceptable Use Policy (“AUP”) which constitutes an integral part of the Torq Technologies Master Service Agreement (“Agreement”), describes activities that are prohibited in connection with your use of the Services, in addition to the restrictions set forth in the Agreement. Torq reserves the right to modify this AUP, so please check for updates and changes. By continuing to access and use the Services after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the terms of the Agreement, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used below but not defined in this AUP have the meaning set forth in the Agreement.

The following activities are prohibited:

• Illegal activities. You may not use the Services to engage in any illegal activity or violate any laws, or encourage, promote, facilitate or instruct others to do either of the foregoing.
• Graphic and Harmful Content. You may not use the Services to post, upload, share, store, or otherwise distribute content that is graphically violent or obscene, sexually explicit, indecent, defamatory, libelous, harassing, stalking, hateful, abusive, or that promotes self-harm, terrorist activity, misinformation, or otherwise encourages any illegal, tortious or inappropriate conduct.
• Child Exploitation. You may not use the Services to post, upload, share, or store content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
• Hateful or Discriminative Content. You may not use the Services to promote, encourage, support or facilitate hate speech, violence, or discrimination based on race, ethnicity, national origin, religion, sex, sexual orientation, age, disability, or medical condition.
• Intellectual Property. You may not use the Services to misappropriate or infringe the intellectual property of Torq or any third party, including without limitation any copyright, trademark, patent, trade secret, moral rights, or any other intellectual property right or proprietary or contractual right.
• Privacy and Confidential Information. You may not post, upload, share, or store content or otherwise use the Services in a manner that violates or compromises any individual’s privacy or other legal rights, including sharing another’s personally identifiable information, sensitive personal information, or confidential information without the appropriate consent (evidence of which may be requested).
• Malicious and Deceptive Conduct. You may not use the Services to upload, share, or store malicious software, malware, viruses or other harmful code. You may not use the Services are in any way that facilitates “spoofing” or “phishing” or is deceptive, false, misleading or fraudulent in any manner, including impersonating other individuals or organizations or otherwise attempting to mislead others as to the identity of the originator of content or a communication.
• Disruption of the Services. You may not use the Services in any manner which interferes with or otherwise negatively impacts any aspect of the Services or other infrastructure of Torq, or any Third-Party Services that are integrated or connected to the Services. You may not attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection or monitoring mechanisms of the Services, nor probe, scan, or test the vulnerability of any system or network. You may not access (or attempt to access), tamper with, or search any portion of the Services and/or its underlying system, network and technology, by any means other than through the interface that is provided by Torq in connection with the Services (e.g. scraping, spidering or crawling).
• Use Restrictions. You may not attempt to disrupt or overwhelm Torq’s infrastructure by imposing unreasonable requests or burdens on our resources (such as using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time), or use the Services in a way to avoid incurring fees or exceed usage limitations (such as using nested workflows to enable one workflow to be used for multiple use cases). Without limiting the generality of the foregoing, your use of the Services may be subject to other limitations as set in the Order Form and/or Documentation, including but not limited to reasonable limits on input and output sizes for automated operations, the number of inbound calls permitted to the public APIs within a specified period of time, the amount of tasks being processed in parallel at a given point in time and being queued for processing, the maximum allowed time for performing certain automated actions, and the number of permitted instances of step runners. You acknowledge that exceeding these limitations may incur additional fees and/or affect the operation of the Services or may result in suspension of the Services until compliance has occurred.

In addition to any other remedies that may be available to us, in case we suspect that the Customer Data, your use of the Services or any other activities are in violation of this AUP, the Agreement or applicable law, we may (i) remove such violating Customer Data, in whole or in part; and/or (ii) terminate or suspend your account or your access to the Services, without advance notice and without liability to Torq.

Version November 7, 2023