Acceptable Use Policy

Revised February 3rd, 2020

This Datylon Acceptable Use Policy (the “Agreement”) is between you and Datylon BV (“Datylon”). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to this Agreement. Datylon may modify this Agreement from time to time.

The Datylon Acceptable Use Policy forms a legally binding agreement between you and Datylon in relation to your use of the Services. It is important that you take the time to read them carefully.

By clicking on the “I agree” (or similar button) that is presented to you at the time of your order, or by using or accessing Datylon products or websites, you indicate your assent to be bound by this Agreement.

Here at Datylon, our goal is to provide you and other users an enjoyably interaction with our products and services. To do this, we need to keep our products and services running smoothly, quickly, and without distraction. For this to happen, we need help from you, our users. We need you not to misuse or abuse our products and services.

To describe exactly what we mean by “misuse” or “abuse” – and help us identify such transgressions, and react accordingly – we’ve created this Acceptable Use Policy. Under this policy, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it’s something that is not forbidden by the letter of the policy. In other words, if you do something that isn’t listed here verbatim, but it looks or smells like something listed here, we may still remove it.

You’ll see the word “Services” a lot throughout this page. That refers to all websites owned or operated by Datylon as well as any hosted services operated by Datylon.

Use your judgment, and let’s be kind to each other so we can keep creating great things.

In this Agreement, the term “Content” means: (i) any information, data, data set, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, charts, maps, graphics, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the Services and (ii) any other materials, content, or data you provide to Datylon or use with the Services.

I. Disruption

Datylon hereby grants you permission to access and use the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part. You agree not to:

1. compromise the integrity of our systems. This could include but is not limited to probing, scanning, or testing the vulnerability of any system or network that hosts our services.

2. tamper with, reverse-engineer, or hack our Services, circumventing any security or authentication measures, or to attempt to gain unauthorized access to the Services, related systems, networks, or data.

3. modify, disable, or compromise the integrity or performance of the Services or related systems, network or data.

4. decipher any transmissions to or from the servers running the Services.

5. overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as: 

a) Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser.

b) Going far beyond the use parameters for any given Services as described in its corresponding documentation

6. consume an unreasonable amount of storage for music, videos, pornography, etc., in a way that’s unrelated to the purposes for which the Services were designed.

II. Wrongful activities

Datylon hereby grants you permission to access and use the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part. You agree not to:

1. misrepresent yourself, or disguise the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Datylon or any third party).

2. use the Services to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our Services.

3. Use the Services to impersonate or pose as a third party.

4. use our Services to stalk, harass, or post direct, specific threats of violence against others.

5. use the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws).

6. access or search any part of the Services by any means other than our publicly supported interfaces (for example, “scraping”).

7. use meta tags or any other “hidden text” including Datylon’s or our suppliers’ product names or trademarks.

III. Inappropriate communications

Datylon hereby grants you permission to access and use the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part. You agree not to:

1. use the Services to generate or send unsolicited communications, advertising, chain letters, or spam.

2. solicit our users for commercial purposes, unless expressly permitted by Datylon.

3. disparage Datylon or our partners, vendors, or affiliates.

4. promote or advertise products or services other than your own without appropriate authorization from the relevant third party.

IV. Inappropriate content

Datylon hereby grants you permission to access and use the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part.

You agree not to:

1. Post, upload, share, submit, or otherwise provide Content that:

a) infringes Datylon’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right.

b) you don’t have the right to submit.

c) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement), indecent, harassing, or hateful.

d) encourages illegal or tortious conduct or that is otherwise inappropriate.

e) attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.

f) contains viruses, bots, worms, scripting exploits, or other similar materials.

g) is intended to be inflammatory.

h) could otherwise cause damage to Datylon or any third party.

V. Remedies

On becoming aware of any potential violation of this Agreement, without affecting any other remedies available to us, Datylon reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in this Agreement and may remove such Content, as well as permanently or temporarily terminate or suspend a user’s account or access to the services without notice or liability.

VI. Miscellaneous

This Agreement governs your use of the Services and completely replace any prior agreements between you and Datylon in relation to the acceptable use of the Services.

You agree that if Datylon does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Datylon has the benefit of under any applicable law), this will not be taken to be a formal waiver of Datylon’s rights and that those rights or remedies will still be available to Datylon.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

This Agreement, and your relationship with Datylon under this Agreement, shall be governed by Belgian law. You and Datylon agree to submit to the exclusive jurisdiction of the courts of Antwerp, department Antwerp to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that Datylon shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.