TERMS OF SERVICE

“Starter”, “Small Business”, and “Growth” Plans

Incorporated Terms - Acceptable Use Policy

Last Updated January 18, 2023

The terms below are incorporated into, and form an integral part of, the Ability Commerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.

  1. USE RESTRICTIONS. This is an agreement for SERVICE which includes a grant to an Ability Commerce Plan-specific number of Named User Licenses for Ability Commerce authorized access to the ABILITY CCS RETAIL CLOUD PLATFORM and use conditions governed by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the SERVICE or any software, documentation or data related to the SERVICE (“Software-as-a-Service”); modify, translate or create derivative works based on the SERVICE or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the SERVICE or any Software; use the SERVICE or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

    ONE REGISTRATION IS ONLY VALID FOR A SINGLE COMPANY ACCOUNT.

  2. GENERAL RESTRICTIONS. COMPANY agrees that it will not directly or indirectly use the SERVICE for the benefit of anyone other than COMPANY, and only pursuant to the scope of this AGREEMENT.

    1. COMPANY will not decode, alter, decompile, reverse engineer, sublicense, rent, lease, perform reverse analysis on, disassemble or make any attempt to discover the Software’s source code.

    2. COMPANY may (a) upload any own data into the SERVICE, however, (b) may not perform or disclose any benchmarking, availability or performance testing of the Trial SERVICE; (c) perform or disclose any performance or vulnerability testing of the SERVICE; (d) introduce or subject the SERVICE to any viruses, worms, defects, Trojan horses, time bombs, and other harmful or malicious code, files, scripts, agents, or programs, or any items of a destructive nature; (e) use the SERVICE in any manner that could damage, disable, disrupt, overburden, or impair the integrity or performance of the SERVICE; (f) modify, make derivative works of, reproduce, republish, download, or copy any part of SERVICE; (g) disassemble, decompile or reverse engineer the SERVICE; (h) access or use SERVICE to build or support, directly or indirectly, products or services competitive to Ability Commerce; or (i) license, sell, transfer, assign, distribute, outsource, permit timesharing or service bureau use of, commercially exploit, or make available the SERVICE to any third party.

  3. LIMITATIONS ON TRANSFER. SERVICE is assigned to the COMPANY and may not be conveyed in any way without the prior written consent of Ability Commerce. Any purported sale, assignment, transfer or sublicense without such consent will be null and void ab initio and will automatically terminate this AGREEMENT.

  4. LAWFUL USE ONLY. You may use the SERVICE only for lawful purposes. COMPANY may not use the SERVICE or allow any third party to use the SERVICE for any purpose that is determined by Ability Commerce, in its discretion, to be unlawful, invasive, obscene, offensive, defamatory, or fraudulent, or to engage in, promote or encourage illegal activity.
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