Acceptable Use Policy

 

  1. Introduction

1.1                   This acceptable use policy (the "Policy") sets out the rules governing:

(a)                  the use of the FastDraft contract management system, ReachBack website, Academy learning management system and other websites, which will be made available by Built Intelligence Ltd to you as a service via the internet and  support in relation to the use of them, and the identification and resolution of errors in, the FastDraft contract management system and other websites, including the provision of training services in accordance with this Policy (the "Services"); and

(b)                   the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").

1.2                   References in this Policy to "you" are to (and "your" or “yourself” should be construed accordingly); and references in this Policy to "us" are to Built Intelligence Ltd (and "we" and "our" should be construed accordingly).

1.3                   By using the Services, you agree to the rules set out in this Policy and our “Cookie Policy” and “Privacy Policy” available from our website.

  1. General usage rules

2.1                   The Policy provides you with a personal, revocable, limited, non-exclusive, and non-transferable license to use the “Service” conditioned upon your continued compliance with this Policy. We reserve all rights not granted in the Policy.

2.2                   You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.3                   You must not use the Services:

(a)                   in any way that is unlawful, illegal, fraudulent or harmful; or

(b)                   in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

The Service lets you share Your Content with others, so please think carefully about what you share. By using the Service, you agree to do so responsibly and to not misuse the Service or help anyone else do so. You must ensure that all Content complies with the provisions of this Policy.

2.4                   You acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Policy, we give no warranty or representation that the Services will be wholly free from defects, errors and bugs. You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Policy, we give no warranty or representation that the Services will be entirely secure. You acknowledge that the Services are designed to be compatible only with the provided software and those systems; and we do not warrant or represent that the Services will be compatible with any other software or systems. You acknowledge that we will not provide any legal, financial, accountancy or taxation advice under this Policy or in relation to the Services; and, except to the extent expressly provided otherwise in this Policy, we do not warrant or represent that the Services or the use of the Services by You will not give rise to any legal liability on the part of yourself or any other person. All of the parties' warranties and representations in respect of the subject matter of this Policy are expressly set out in this Policy. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Policy will be implied into the Policy or any related contract.

2.5                   Nothing in this Policy will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.

2.6                   The limitations and exclusions of liability set out in this Clause 2.5 to 2.7 and elsewhere in this Policy: are subject to Clause 2.5; and govern all liabilities arising under the Policy or relating to the subject matter of the Policy, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Policy.

2.7                   Neither party shall be liable to the other party in respect of any losses arising out of a force majeure event. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings. Neither party shall be liable to the other party in respect of any loss of revenue or income. Neither party shall be liable to the other party in respect of any loss of use or production. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage. The liability of each party to the other party under this Policy in respect of any event or series of related events shall not exceed the total amount paid and payable by You to us under the Services in the 12-month period preceding the commencement of the event or events. The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by You to us under the Service and if you have not paid individually any amounts in the 12 months preceding your claim, Built Intelligence’s sole and exclusive liability shall be no more than £50.

2.8                   We may revise this Policy from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will provide notice to you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by and subject to the revised Policy.

2.9                   Any failure to enforce a provision is not a waiver of our right to do so later. You may not assign any of your rights under this Policy, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect. This Policy is governed by and construed in accordance with English law. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Policy. This Policy shall constitute the entire agreement between the parties in relation to the subject matter of this Policy, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

2.91                 We reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service and remove Your Content if you’re not complying with this Policy, or using the Service in a manner that may cause us legal liability, disrupt the Service, disrupt others’ use of the Service or, in our sole opinion, reason, cause harm. All provisions of this Policy, which by their nature should survive, will survive termination of the Service.

Uploading Content to the Service

2.93                 You retain all of your ownership rights in your Content, but you grant us and other users of the Service a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any Content uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any of your Content on the Service if, in our opinion, your Content does not comply with this Policy or any applicable law. You are solely responsible for securing and backing up your Content.

2.94                  When you upload or post Content to the Service, you grant us the following rights to use that content:

  • A non-exclusive licence to use that Content. Although you will still own the copyright in your Content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Content. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
    • If you are not in a position to grant such a licence to us, please do not submit the Content to the Service.

 

  1. Unlawful Content

3.1                   Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2                   Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(a)                   be libellous or maliciously false;

(b)                   be obscene or indecent;

(c)                    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)                   infringe any right of confidence, right of privacy or right under data protection legislation;

(e)                   constitute negligent advice or contain any negligent statement;

(f)                    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)                   be in contempt of any court, or in breach of any court order;

(h)                   constitute a breach of racial or religious hatred or discrimination legislation;

(i)                    be blasphemous;

(j)                    constitute a breach of official secrets legislation; or

(k)                   constitute a breach of any contractual obligation owed to any person.

3.3                   You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Graphic material

4.1                   Content must be appropriate for all persons who have access to or are likely to access the Content in question.

4.2                   Content must not depict violence in an explicit, graphic or gratuitous manner, and must not be pornographic or sexually explicit.

  1. Factual accuracy

5.1                   Content must not be untrue, false, inaccurate or misleading.

5.2                   Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

  1. Negligent advice

6.1                   Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.

6.2                   Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

  1. Etiquette

7.1                   Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

7.2                   Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

  1. Marketing and spam

8.1                   You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

8.2                   Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

8.3                   You must not send any spam to any person using any email address or other contact details made available through the Services or that you find using the Services.

  1. Gambling

9.1                   You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

  1. Monitoring

10.1                 You acknowledge that we may actively monitor the Content and the use of the Services.

  1. Data mining

11.1                 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

  1. Hyperlinks

12.1                 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

  1. Harmful software

13.1                 The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

13.2                 The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

  1. Changes to the Policy

14.1                  We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.