Date last updated: November 18, 2021

This Planful Acceptable Use Policy (the “AUP”) sets forth certain Planful, Inc. (“Planful”) policies and procedures that apply to the use of any services (“Application Services”) ordered by a client (“Client”) from Planful (whether pursuant to Planful’s Master Subscription Agreement or pursuant to a separate written agreement between Client and Planful which references this AUP) (the “Agreement”). All use of the Application Services by any Client is subject to this AUP. Planful reserves the right, at its discretion, to modify this AUP at any time by posting a notice on the Application Services, or by sending Client a notice via email. Client shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Application Services by Client following such notification constitutes Client’s acceptance of the terms and conditions of the AUP as modified. All restrictions and limitations set forth in this AUP are in addition to and do not limit any of the restrictions or limitations set forth in the Agreement.

Client is responsible for all activity conducted through Client’s account or otherwise conducted by Client in connection with the Application Services, and Client shall use the Application Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations (including, without limitation, laws and regulations related to data privacy, international communications, export laws and the transmissions of technical or personal data).

In addition, and without limiting the foregoing, Client shall not (and shall not permit any third party to), directly or indirectly:

• take any action or upload, download, post, submit, store, backup, select for backup or otherwise distribute or facilitate distribution of any information, data or material on or through the Application Services, that:
  • infringes the intellectual property rights or other proprietary rights of any third party;
  • is unlawful or objectionable material;
  • contains personal health information, or any data that is considered ‘special’ or ‘sensitive’ under any law, regulation, or statue that is applicable to Client or Planful;
  • contains software viruses or other harmful or deleterious computer code, files, or programs, such as trojan horses, worms, time bombs, or cancelbots; or
  • in Planful’s sole discretion, inordinately burdens the resources of Planful or its affiliates that are providing the Application Services (and without limiting the foregoing, Client may not use the Application Services to store or backup any of the following file types (or any files whose structure, content or characteristics are similar to any of the following): .ost, .exe, .dll, .cab, .bak, .wim, .tmp, .WIM, .BAK, .EXE, .CAB, .DLL, .OST), or exceed storage beyond 100 GB.
• use or permit the use of any software, hardware, application, or process that:
  • interferes with the Application Services;
  • interferes with or disrupts servers, systems, or networks connected to the Application Services, or violates the regulations, policies, or procedures of such servers, systems. or networks;
  • accesses or attempts to access another customer’s accounts, servers, systems, or networks without authorization; or
  • harasses or interferes with another customer’s use and enjoyment of the Application Services
  • in Planful’s sole discretion, inordinately burdens the resources of Planful or its affiliates that are providing the Application Services;
• use or permit the Application Services to perform any file storage or other services for any third party; or
• tamper with or breach the security of the Application Services.