This Acceptable Use Policy details specific requirements for the use of all computing and network resources on the Ergo Global Locations, including electronic and hardcopy data, information, and information assets. Service resources and technology on the Ergo Global Locations support the businesses and activities of the Users of Ergo Global, and the unlimited use of these resources is a privilege that is extended to Users of the Ergo Global community, that have a Subscription Account and avail the Unlimited Evaluations Package. As a User of these Services and facilities, you have access to valuable Ergo Global resources, to legally restricted and/or confidential information, and to internal and external networks. Consequently, it is important for you to behave in a responsible, ethical, and legally compliant manner.
By accessing or using the Service, you consent to the information collection, disclosure and use practices described in this Acceptable Use Policy. Please note that certain features or services referenced in this Acceptable Use Policy may not be offered on the Service at all times. Please further note that all capitalized terms not specifically defined herein, shall have the meaning ascribed to it in the Ergo Global Terms and Conditions located at https://ergoglobal.com/terms-and-conditions/.
In general, “Acceptable Use’ shall mean ensuring that the Service and resources and technology of Ergo Global are used for their intended purposes while respecting the rights of other Users, the integrity of the network and Location facilities, the confidentiality of data, information, and information assets, and all pertinent license and contractual agreements. If a User is found to be in violation of the Acceptable Use Policy, Ergo Global shall be entitled to take corrective and punitive action, including restriction of and possible loss of network privileges or more serious consequences, up to and including suspension and/or termination of your Account. Users shall also be subject to local laws governing many interactions that occur on the Ergo Global networks, Locations and on the Internet. These policies and laws are subject to change as applicable laws evolve.
This Acceptable Use Policy applies to all Users of the Service who have registered for Subscription Accounts and purchased Unlimited Evaluations Packages from Ergo Global. Users covered by this Acceptable Use Policy include, but not limited to, Users’ staff and consultants accessing the Services via the Locations.
- Acceptable Use
In making Acceptable Use of the Services, Users covered by this Acceptable Use Policy must:
- Use the Services only for authorized purposes.
- Protect their User IDs, digital / electronic signatures, other authentication and authorization mechanisms, and systems, from unauthorized use. Each User is responsible for all accesses to Services by their Account, digital/electronic signatures, and other authentication and authorization mechanisms, and for any activity originating from their systems.
- Access only information to which they have been given authorized access or that is publicly available.
- Be considerate in the use of the Services. Refrain from monopolizing systems, overloading networks with excessive data, degrading services, or wasting network time, connection time, or other resources tied to the provision of the Services.
- Notify Ergo Global in writing of the expected use of the Services from their Subscription Account. For the purposes of abundant clarity, the User shall notify Ergo Global whether the User plans to use the Services for their Unlimited Evaluations Account for the User’s staff on Mandatory Basis, or Non-Mandatory Basis, and shall adhere to the respective defined thresholds of using the Services thereunder.
- For the purposes of this Acceptable Use Policy, “Mandatory Basis” shall mean that the User shall make it mandatory for its entire staff to use the Services at least once a year. For all Users indicating Mandatory Basis for their Subscription Account, the User shall ensure that the Services are utilized a total number of times not exceeding 120% of the total number of employees/staff members that the User has (as specified to Ergo Global), over the course of each year of the Subscription Account. To illustrate, if a User has specified to Ergo Global on June 1, 2021, that the User has 200 employees/staff members that must use the Services on Mandatory Basis, then pursuant to this Acceptable Use Policy, the User shall ensure that its employees do not access the Service to run evaluations more than a total of 240 times from June 1, 2021 to May 31, 2022, under the Unlimited Evaluations Package.
- For the purposes of this Acceptable Use Policy, “Non-Mandatory Basis” shall mean that the User shall not make it mandatory for its entire staff to use the Services. For all Users indicating Non-Mandatory Basis for their Subscription Account, the User shall ensure that the Services are utilized a total number of times not exceeding 50% of the total number of employees/staff members that the User has (as specified to Ergo Global), over the course of each year of the Subscription Account. To illustrate, if a User has specified to Ergo Global on June 1, 2021, that the User has 200 employees/staff members that must use the Services on Non-Mandatory Basis, then pursuant to this Acceptable Use Policy, the User shall ensure that its employees do not access the Service to run evaluations more than a total of 100 times from June 1, 2021 to May 31, 2022, under the Unlimited Evaluations Package.
- Revise Account passwords and other Account authentication and authorization mechanisms suspected of compromise.
- Report identified or suspected security incidents to Ergo Global at [email protected].
In making Acceptable Use of Services, Users covered by this Acceptable Use Policy must not:
- Gain access to or use another User’s Account, files, or data without permission (note that permission from the relevant User may not be sufficient – some systems may require additional authority).
- Reveal a password or other authentication and authorization means to any other third-party, even those claiming to be an IT support technician (over the phone or in person).
- Use computer programs to decode passwords or access-control information from the Locations.
- Attempt to circumvent or subvert system or network security measures of the Locations.
- Make or use illegal copies of the Ergo Global software, source codes, store such copies on any systems, or transmit them over any networks.
- Use the Services or Ergo Global’s systems or networks for commercial purposes; for example, by selling access to your User Account ID or by performing work for profit with Ergo Global resources in a manner not authorized by Ergo Global.
- State or imply that they speak on behalf of Ergo Global or use Ergo Global trademarks and logos without authorization to do so.
- Violate any applicable laws and regulations or Ergo Global Policies and procedures that govern the use of the Services.
- Modify, without proper authorization, any of the Services, Locations, and/or Ergo Global’s information resources and technology.
- Use the Services for entities other than the business entity in whose name the Account is registered;
- Misuse, re-sell for financial gain, allow unauthorized persons to use and share the resources through any means with individuals inside and external to your organization;
- Re-sell or attempt to benefit in a commercial fashion from any content available as part of the Services;
- Generate or download documents on a systematic basis that is commercially prejudicial to Ergo Global;
- Sell the Services, in any manner whatsoever, unless specifically authorized by Ergo Global in writing to do so;
- Probe, scan or test the vulnerability of any system or network tied to the Services and/or Locations;
- Breach or otherwise circumvent any security or authentication measures for the Services and/or Locations;
- Access, tamper with or use non-public areas or parts of the Services or shared areas of the Services that you have not been invited to;
- Interfere with or disrupt any User, host or network for example by sending a virus, trojan, worm, logic bomb or any other material that is malicious or technologically harmful, overloading, flooding, spamming or mail-bombing any part of the Services or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Services;
- Access, search or create Accounts for the Services by any means (automated or otherwise) other than our publicly supported interfaces (for example, ‘scraping’ or creating accounts in bulk) or attempt to do so;
- Send unsolicited communications, promotions or advertisements or spam;
- Forge any TCP/IP packet header or any part of the header information in any email;
- Send altered, deceptive or false source-identifying information, including ‘spoofing’ or ‘phishing’;
- Conduct surveys, contests or pyramid schemes, or promote or advertise products or services without appropriate authorization;
- Abuse referrals or promotions;
- Post, publish, upload, display, distribute or share materials that are unlawful inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive or knowingly false, and/or that infringe intellectual property rights;
- Violate the letter or spirit of our Agreement;
- Violate applicable laws or regulations in any way or;
- Violate the privacy or infringe the rights of others;
You acknowledge that the above-mentioned list is not exhaustive and that Ergo Global may notify you in writing of other violations of Acceptable Use under this Policy from time to time.
In the event any provision of this Acceptable Use Policy is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Acceptable Use Policy and all other provisions should continue in full force and effect as valid and enforceable.
You agree to indemnify and hold Ergo Global and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of this Acceptable Use Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
You acknowledge and agree that your use of the Unlimited Evaluations Package is at your own risk. Ergo Global provides the Services on an “as-is” basis and makes no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Acceptable Use Policy for any purpose, to the maximum extent permitted by applicable law, anything contained in this Acceptable Use Policy is without warranty of any kind.
- Action we may take
Ergo Global may monitor usage of our Services and Locations. If in Ergo Global’s opinion and discretion, the use of the Services is excessive, unreasonable or outside the agreed scope (e.g. Mandatory Basis versus Non-Mandatory Basis of a self-evaluation by employees), then Ergo Global shall be entitled, but not obligated to take any necessary action to curb such conduct without any reference to the User. Ergo Global hereby reserves the right to charge you for any usage outside the agreed scope of Acceptable Use as defined in this Acceptable Use Policy. In addition to that you have the obligation to immediately report to Ergo Global in the event you intend to make use of the Services on Mandatory Basis to all employees and thus any associated additional costs.