Fair Use Policy

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1. Purpose

This Fair Use Policy ("Policy") is designed to ensure that all users of StackCX services ("Service") can enjoy a high-quality and reliable experience. It establishes guidelines for appropriate usage and aims to prevent misuse that could affect performance, escalate costs, or deviate from the Service's intended purpose.

 

 

2. Commercial Intent of the Service

The Service is intended to be used as a commercially licensed solution to support the operations of businesses, organizations, and individuals in accordance with your subscription plans. The Service is not intended to function as a bureau service (i.e., a service that processes data, generates outputs, or performs tasks on behalf of third-party clients, customers, or other entities outside the subscribing organization) or any other system that processes data or performs tasks on behalf of third parties outside the subscribing organization's internal operations.

 

 

3. Permissible Use

Users may:

(a) Access and use the Service for legitimate business operations as outlined in their subscription plan.

(b) Integrate the Service with their systems using approved methods, including API integrations, provided such integrations comply with the terms of this Policy and the terms of their service agreement with StackCX.

(c) Utilize the Service within the operational and data limits specified in their subscription plan, including any applicable API call volumes, data storage caps, and bandwidth allowances set forth therein.

(d) Where a subscription plan does not specify explicit operational or data limits, the subscribing organization shall use the Service in a manner that is reasonable having regard to the size, nature, and scope of its business operations and the prevailing usage standards and averages within its industry. StackCX may, acting reasonably, assess whether usage is consistent with this standard by reference to aggregated usage data across comparable subscribers and publicly available industry benchmarks.

 

 

4. Prohibited Use

Users may not:

(a) Use the Service to operate as a bureau or similar service on behalf of other entities or individuals who are not covered under their subscription plan.

(b) Misuse API integrations to automate excessive or unintended operations that cause undue strain on the Service infrastructure.

(c) Exceed data, bandwidth, or compute thresholds that are deemed disproportionate to the intended commercial use of the subscription plan.

(d) Attempt to access, manipulate, or extract data from the Service outside the permitted scope of access.

(e) Reverse engineer, duplicate, resell, or otherwise exploit the Service for unauthorized purposes.

 

 

5. Resource Management

The Service is designed with resource allocation in mind to ensure optimal performance for all users. Activities that disproportionately consume server resources, storage, or bandwidth may result in additional fees or suspension of access. Examples of such activities include but are not limited to:

(a) Excessive API calls beyond the limits set forth in the applicable subscription plan.

(b) Submitting large, unoptimized data sets that degrade system performance.

(c) Continuously triggering operations that lead to significant cloud infrastructure costs.

 

 

6. Monitoring and Enforcement

To maintain a fair and efficient Service for all users, StackCX may monitor usage patterns and resource consumption. Such monitoring data shall be used solely for the purpose of enforcing this Policy and maintaining Service performance and shall be handled in accordance with StackCX's Privacy Policy. If a user is found to be in violation of this Policy:

(a) StackCX will issue a written notice specifying the nature of the violation and providing recommendations to adjust usage. The user shall have fourteen (14) days from receipt of such notice to cure the violation (the "Cure Period").

(b) If the user fails to cure within the Cure Period, or in the case of repeated or egregious violations, StackCX may impose additional charges, reduce access, or suspend the account.

(c) Unauthorized usage that remains uncured, or that StackCX reasonably determines poses an immediate threat to the Service or other users, may lead to immediate suspension, termination of the subscription, and legal action if deemed necessary.

 

 

7. Exceptions, Appeals, and Disputes

StackCX understands that business needs can vary. If a subscribing organization requires higher resource thresholds or specific integrations, it may contact StackCX at the address in Section 9 to discuss possible plan adjustments or exceptions. Additionally, any user who believes that enforcement action under Section 6 was taken in error may submit a written appeal to legal@stackcx.com within thirty (30) days of receiving notice of such action. StackCX shall review the appeal and respond in writing within fifteen (15) business days.

 

 

8. Amendments

This Policy may be updated from time to time to reflect changes in the Service or business environment. StackCX will provide users with at least thirty (30) days' prior written notice of any material changes to this Policy. If a user does not agree with a material change, the user may terminate its subscription without penalty by providing written notice to StackCX before the change takes effect. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Policy.

 

 

9. Governing Law

This Policy shall be governed by and construed in accordance with the governing law and dispute resolution provisions set forth in the applicable StackCX service agreement. To the extent of any inconsistency between this Policy and the terms of the applicable StackCX service agreement, the terms of the service agreement shall prevail. In the absence of a service agreement, this Policy shall be governed by the laws of England and Wales.

 

 

10. Contact Information

For questions or concerns regarding this Policy, please contact StackCX at legal@stackcx.com

• EEA Representative: Details of our representative appointed under Article 27 of the EU GDPR are available on request from privacy@stackcx.com.