Acceptable use policy

Last updated on May 7, 2021

ReCharge Inc. (“ReCharge”, “we”, “us” or other similar terms) provides an e-commerce platform-as-a-service offering known as “ReCharge” that enables companies to launch, scale and manage their online subscription businesses (the “Platform”). The Platform and our related services are referred to herein as the “Services”. The companies, merchants and businesses accessing and utilizing our Services are referred to herein as our “Customer(s)”.

This Acceptable Use Policy (this “Policy”) sets forth certain standards we require our Customers and their Authorized Users (as defined below) to comply with when accessing and using the Services and describes certain prohibited uses of the Services. The examples described in this Policy are not exhaustive, and nothing in this Policy is intended to grant you any rights or permissions not set forth in, or contrary to, those contained in our Terms of Service or any other written ReCharge agreement or policy governing your use of the Services (collectively, your “Customer Agreement”). We may modify this Policy at any time by posting a revised version on our website www.rechargepayments.com (the “Site”). Any modifications shall be effective when posted to the Site or otherwise communicated to you. It is each Customer’s responsibility to review this Policy periodically and to be aware of any modifications. Your continued use of the Services after such modifications will constitute your acknowledgement of the modified Policy and agreement to abide by and comply with the Policy.

This Policy shall apply equally to each Customer, and each Customer’s employees, agents, representatives and other users that are accessing or using the Services on a Customer’s behalf (the “Authorized Users”). Without limiting any other rights or remedies available to ReCharge with respect to Authorized Users in their individual capacity, each Customer shall be fully liable and responsible for their respective Authorized Users’ compliance with this Policy and any of their acts or omissions in violation of this Policy. The term “you” (and similar terms) shall mean collectively Customers and their Authorized Users.

Notice to Authorized Users

If you are accessing and using the Services in your capacity as an employee, agent, representative or other user of a Customer, you are an Authorized User of that Customer for purposes of this Policy. Our Customer (e.g. your employer) controls its instance of the Services, and your access to and use of the Services is subject to the Customer Agreement between our Customer and us in addition to the terms of this Policy. Authorized Users are responsible for complying with applicable terms of the Customer Agreement in addition to the provisions set forth in this Policy. Please direct your questions regarding the Services and your applicable Customer Agreement to your Customer’s internal account administrator. We are not responsible for the practices and policies of our Customer or the actions taken by its account administrator. Please note that, among other things, an account administrator may be able to: restrict, suspend or terminate your access to the Services; access or retain information stored as part of your account; restrict, suspend or terminate your account access; and, restrict your ability to edit, restrict, modify or delete information. Please contact your employer or refer to your administrator’s organizational policies for more information.

No Illegal, Harmful, or Offensive Use, Content or Items

You may not use, promote, facilitate, or otherwise assist others to use the Services for or in connection with any illegal, harmful, infringing or offensive purpose, or to sell, transmit, store, display, distribute, or otherwise make available products, services or content that is illegal, infringing, harmful, or offensive. Prohibited uses of the Services include but are not limited to uses that:

Violate any federal, state, local, or international law or regulation;
Relate to or involve transactions (including the sale of products, services or content) involving (a) certain controlled substances or other products that present a risk to consumer safety, (b) items that are illegal or that encourage, promote, facilitate or instruct others to engage in illegal activity, (c) stolen goods, including digital and virtual goods, (d) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a person or entity, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or other weapons regulated under applicable law, and (i) products or services that have a high likelihood of being fraudulent;
Are fraudulent, deceptive, harmful, harassing, threatening, hateful or abusive to others, or that promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance;
Are defamatory, obscene, profane, invasive of privacy, pornographic, or otherwise objectionable in any way;
Target, abuse or exploit minors;
Constitute, promote, facilitate or assist in the dealing of: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of emails or other messages, advertisements or solicitations; hacking, surveillance, interception, or descrambling equipment;
Misrepresent, conceal, omit, or misidentify your identity or the origin of your particular goods, services or user communications;
Infringe, dilute, misappropriate, or otherwise violate any privacy, publicity or other personal rights or any intellectual property rights;
In any way undermine the use or enjoyment of the Services by others;
Violate the acceptable use policy of your e-commerce platform provider, as applicable.

No Security Violations, Viruses or Other Destructive Activities

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device, including those of ReCharge. You may not access the Services or monitor data or traffic on the Services without permission. You may not use the Services for creating or sending Internet viruses, worms or Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature, or for pinging, flooding or mail bombing, or engaging in denial of service attacks. You may not engage in other activity that does, or is intended to, disrupt or interfere with the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. Hacking and related activities are prohibited.

ReCharge does not allow the use of anonymous proxy scripts on its servers. You will not access or copy any portion of the Site or Services through any automated viewing, downloading or crawling systems without explicit authorization from ReCharge.

No Vulnerability Testing

Without explicit authorization from ReCharge, you may not attempt to probe, scan, penetrate, or test the vulnerability of the Services, or to breach any ReCharge security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research on the Services.

No Excessive Use of Shared System Resources

You may not use the Services in a way that unnecessarily interferes with the normal operation of the Services, or that consumes a disproportionate share of the resources of the Services. You agree that we may quarantine or delete any data stored on the Services if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the Services or the data of others. You may not monitor data or traffic on the Services. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.

Privacy

If you use the Services to collect, display or transmit any personal information about your users, you will prominently display a privacy policy that complies with all applicable laws and that makes it clear to users what data you collect and how you will use, display or share that data. You will collect and use user data only in accordance with your privacy policy and all applicable laws and regulations as well as any requirements that we may have with regard to processing your users’ information (including as may be described in our Customer Agreement).

Responsibility for Content

You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages, or other materials that you or any of your users upload, store, post, publish, display or otherwise transmit or use in connection with the Services.

Third Party Platforms

Certain Customers may access and use our Services via integrations with, or applications available in, third party platforms such as, but not limited to, Shopify or BigCommerce (“Third Party Platforms”). For those Customers, your access and use of the Services via such Third Party Platforms is subject to any agreements, policies, terms and conditions or other requirements of those Third Party Platforms (collectively, “Third Party Platform Requirements”), in addition to this Policy and your Customer Agreement. You are solely responsible for your compliance with those Third Party Platform Requirements and for otherwise obtaining all third party permissions and consents required to link your Third Party Platform accounts with the Services. We are not responsible for the practices, policies, acts or omissions of the Third Party Platforms. Your failure to comply with all applicable Third Party Platform Requirements could result in suspension or termination of your access to the Services.

In addition, certain payment processors and gateways that we use (e.g. Stripe, Authorize.net, Braintree) (“Payment Processors”) may have their own restrictions, policies and prohibitions related to the processing of certain types of transactions. You agree that you will not use the Services if you or your transactions would violate the terms and policies of such Payment Processors.

Other Prohibited Activities

You may not use the Services to engage in any other activity that, in our sole discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Services, or our business, reputation, goodwill, customers and/or customer relations. Additionally, your failure to cooperate with ReCharge in correcting or preventing violations of this Policy by, or that result from the activity of, your Authorized Users constitutes a violation of this Policy by you.

Monitoring and Enforcement

We reserve the right, but do not assume any obligation, to investigate any use of the Services that may constitute a violation of this Policy or a Customer Agreement in our sole discretion.

We may remove, disable access to, or modify any content or resource that violates this Policy or your Customer Agreement, and we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate Customer information. We also may cooperate with appropriate law enforcement agencies or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

ReCharge’s Rights and Remedies

Any breach of this Policy by you or your Authorized Users will be deemed a material breach of your Customer Agreement and we reserve the right in our sole discretion to exercise any rights and remedies available to us under your Customer Agreement or at law in connection with such a breach. Without limiting the foregoing, we reserve the right to terminate or suspend the Services if, in our sole discretion, your use of the Services would violate the law, this Policy, your Customer Agreement or otherwise adversely impact the Services or others’ use of the Services.

Reporting of Violations of this Policy; Contact

If you become aware of any content or activity that violates this Policy, you shall take all reasonable steps to prevent that violation. You must promptly notify us of the violation and provide us with assistance, as requested, to stop or remedy the violation.

To report any violation of this Policy or for any questions regarding this Policy, please contact us at [email protected].