This Acceptable Use Policy (“AUP”) describes actions that Smartcar prohibits when Developer uses the Smartcar Services. This Policy is incorporated by reference and governed by the Developer API Platform Agreement, Developer Terms of Service or other similar written agreement between you and Smartcar, which contains explanations of defined terms and takes precedence over any conflicting provisions in this AUP. By using the Smartcar Services, Developer consents to the terms and conditions of this AUP.
Developer agrees not to use, and not to encourage or allow any other person or entity to use, the Smartcar Services in prohibited manners, including but not limited to the following:
- Transmitting any material that infringes the intellectual property rights or other rights of third parties, including but not limited to trademarks, copyrights or rights of publicity or otherwise violating, infringing or misappropriating the rights of any third party.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs or code.
- Engaging in activities or transmitting through the Smartcar Services any information that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
- Adversely impacting the availability, reliability or stability of any Smartcar Services.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any Smartcar Services or on any third party.
- Attempting to bypass or break any security mechanism on any of the Smartcar Services or using the Smartcar Services in any other manner that poses a security or service risk to Smartcar, to any user of the Smartcar Services or to any of our other developers.
- Testing or reverse-engineering the Smartcar Services in order to find limitations, vulnerabilities or evade filtering capabilities.
- Using the Smartcar Services in any manner that may subject Smartcar or any third party to liability, damages or danger.
- Using the Smartcar Services in any manner that violates any applicable third party policies or requirements that Smartcar has communicated to Developer.
- Using the Smartcar Services to engage in or in connection with fraudulent activity.
- Using your account to engage in fraudulent activity with respect to third parties.
- Promoting or engaging in illegal activities.
- Harvesting or otherwise collecting information about others without their express consent.
- Interfering with or disrupting networks connected to the Smartcar Services or violating the regulations, policies or procedures of such networks.
- Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations.
- Registering with the Smartcar Services with an email of a throw-away email address provider or any other publicly accessible email address.
- Using the Smartcar Services, or a component of the Smartcar Services, in a manner not authorized by Smartcar.
- Creating a Smartcar account for the purpose of competitive evaluation or research.
- Revealing your account password to others or allowing use of your account by others.
- Failing to make a reasonable effort to protect your passwords and to secure resources against unauthorized use or access.
This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Smartcar in its sole discretion. Should your business be deemed high risk by the standards of this policy, Smartcar reserves the right to inquire about your insurance policies.