Acceptable Use Policy
Last updated on October 3, 2023
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 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 acknowledgment 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 who 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.
- 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 applicable federal, state, local, or international law or regulation;
- Relate to or involve transactions involving (a) certain controlled substances or products (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) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, and (e) ammunition, firearms, certain firearm parts or accessories, or other weapons regulated under applicable law.;
- Are 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 by a reasonable person in any way;
- Target, abuse or exploit minors;
- Constitute, promote, facilitate, or assist in the dealing of a) spyware, adware, or other malicious programs or code, b) counterfeit goods, c) items subject to U.S. embargo, d) unsolicited mass distribution of emails or other messages, advertisements, or solicitations or c) hacking, surveillance, interception, or descrambling equipment;
- Misrepresent, conceal, omit, or misidentify your identity or the origin of your particular goods, services, or user communications, or any other form of fraudulent or deceptive behavior;
- Infringe, dilute, misappropriate, or otherwise violate any privacy, publicity or other personal rights or any intellectual property rights;
- 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; and
- In any way undermine the use or enjoyment of the Services by others;
- No Security Violations, Viruses, or Other Destructive Activities.
- You may not use the Services to violate the security or integrity of any network, computer, 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 Recharge’s written 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, 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 written authorization from Recharge.
- No Vulnerability Testing. Without written authorization from Recharge’s Head of Information Security, you may not attempt to probe, scan, monitor, 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.
- 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. Recharge is under no obligation to edit or control content that You or other users post or publish, and are not and will not be in any way responsible or liable for such content.
- 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, in addition to this Policy and your Customer Agreement, 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”). 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.
- Age Restriction. You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.
- 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, a Customer Agreement, or applicable laws or regulations 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.
- 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. 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 https://support.rechargepayments.com/hc/en-us/requests/new by submitting a Support Ticket.