Omnivore Technologies, Inc.
Acceptable Use Policy

Omnivore Technologies, Inc. (“Omnivore”) has adopted this Acceptable Use Policy (“AUP”) to govern the use of its proprietary software and services, including its application program interface (“Omnivore API”), Menu Management System (“MMS”), website, control panel and any other system (collectively, the “Services”) made available its customers (“Customers” or “you”) and by users that have gained access to the Services through Customer accounts (“Users”).

By using the Services, you acknowledge that you and your Users are responsible for compliance with this AUP, and agree to be bound by this AUP. You are responsible for violations of this AUP by any User that accesses the Services through your account, which includes, without limitation, Users for whom you provide services. Omnivore does not intend to control or monitor any User’s experience or the content of their online communications, however, Omnivore reserves the right to disconnect or otherwise terminate your access to the Services for usage that violates (or may violate) the AUP or that otherwise appears unlawful. This AUP applies to all aspects of the Services across its network, including equipment, systems, facilities, services and products incorporated or used in such transmission network (“Omnivore Network”). This AUP is designed to protect the Omnivore Network, the Services, Customers, Users, and the Internet community from improper or illegal activity across the Internet, to improve the Services and to improve Services offerings.

The use of the Omnivore Network by a Customer is subject to the terms of service either accepted by Customer by virtue of signing up to Services, or a signed writing between Omnivore and you (either, “TOS”). This AUP is incorporated into such TOS by reference. Certain products or services provided through the Omnivore Network may have additional terms and conditions, which govern in the event of any inconsistency with this AUP. Please refer to the specific products and services terms and conditions, including any specification sheets as well as FAQs, and the agreements under which such products and services are being provided for further information.

If you do not wish to be bound to this AUP, you should not access, subscribe to, or otherwise use the Services. Omnivore may modify this AUP at any time, without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at the web address where this AUP is located.

1. Right to Use the Services
   1. You may only have access to the Omnivore Network, the Services and Support (as defined in Omnivore’s Terms of Service or a signed agreement between Omnivore and you) if your account is in good standing and there are no disputes between Omnivore and you regarding amounts owed to Omnivore.
   2. All payments made by you are applied to oldest invoice first and must be full payments for the invoiced amount. Partial payments of an invoice will put your account in an over-due state (and you will not be considered in good standing).
2. Support. Unless you have a signed agreement with Omnivore that sets forth custom terms related to “Support,” the following terms apply to the provision of Support by Omnivore to you:
   1. Use of scheduled time with Support for installations or troubleshooting is limited to the planned activity only, and may not be used for other activities. Omnivore, at its sole discretion, may refuse Support services to Customers requesting help with activities outside the scope of the activities planned for the session.
   2. Omnivore's 24/7 Outage Line is available for Customers to receive emergency assistance to resolve service disruptions for production applications that are actively in use. Customers calling the Outage Line for standard support or non-outage-related issues may be charged a fee, or, at Omnivore's sole discretion, have services terminated.
3. Installations
   1. Scheduled installs are for specific locations and any last minute substitutions are subject to approval by Omnivore exclusively.
   2. In order for Omnivore to collect formal consent, Merchants (as defined in Omnivore’s TOS) must register for their own Omnivore accounts to prior or during installation of the Omnivore API on their point-of-sale systems (“POS”). Omnivore, at its sole discretion, may refuse to proceed with installation if the Merchant is not present to register or log in to their account. Omnivore, at its sole discretion, may immediately terminate Services for Customers circumventing this requirement, or for stores found to have been installed without the consent of the Merchant.
   3. Non-production locations must be classified as "development" locations within the Omnivore Network at all times. Locations found to be misclassified will be immediately reclassified correctly, which will effectively terminate the Services until configuration with the Customer's application is updated.
   4. Production marked as development for “testing” which are in fact in production will be immediately reclassified correctly, which will effectively terminate the Services until configuration with the Customer's application is updated.
   5. Customers must notify Omnivore in writing with at least 2 business days prior notice if it needs to cancel an scheduled installation. Failure to do so may result in a charge to the Customer.
4. Omnivore API
   1. Polling for changes through the Omnivore API is not permitted at a rate faster than once per minute. For cases where data is needed faster, webhooks are available. Omnivore, at its sole discretion, may terminate services for Customers exceeding this rate.
   2. Customers may not attempt to use data provided through the Omnivore API to identify individual consumers. If Omnivore learns of applications attempting this behavior, it may, at its sole discretion, immediately terminate services.
   3. Applications must not submit sensitive information, such as credit card data or social security numbers in Omnivore API fields not specifically enumerated to accept such information.
   4. Customers may not share their Omnivore API Keys with any third parties not specifically contracted by Customer for development of Customer's application.
5. Security
   1. Users are not authorized to perform automated security scans of Omnivore infrastructure or attempt to circumvent Omnivore security protocols without explicit, written, prior authorization from Omnivore staff, nor perform such activities outside of time windows provided by Omnivore staff. Requests for such activities can be directed to [email protected].
   2. In the event a third party notifies Omnivore of a violation of this AUP or the TOS, Omnivore will notify you regarding such complaint in order to allow you to respond; provided however, that Omnivore may immediately terminate your Service, Support and access to the Omnivore Network if it determines the violation is a breach of security or an applicable law.
6. Prohibited Uses
   1. Illegal Activity. You may access and use the Omnivore Network for lawful purposes only. You are responsible for any transmission you or your Users send, receive, post, access, or store via the Omnivore Network. Omnivore strictly prohibits the use of the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. Some examples of unlawful conduct include:
      1. Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
      2. Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
      3. Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
   2. Unauthorized Access/Interference. A Customer or User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Omnivore Network. A Customer or User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A Customer or User may not use the Services to monitor any data, information, or communications on any network or system. A Customer or User is strictly prohibited from attempting to gain access to the user accounts of other Customers or Users, or violating system or network security, each of which may result in criminal and civil liability. Omnivore will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Omnivore may, but is under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes. Examples of prohibited unauthorized access or interference include:
      1. Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
      2. Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
      3. Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
      4. Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
      5. Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Company or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Company customer or other end-user. Company may, but is not obligated to, take any action it deems necessary to protect the Omnivore Network, its rights or the rights of its customers or third parties, or (2) optimize or improve the Omnivore Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages and data sent through the Omnivore Network. Company may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.
      6. Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access.
      7. Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.