nova8 Acceptable Use Policy

1.1 Customer is responsible for its own conduct and for the conduct of its users, personnel, and any party to whom it provides access to the Services, and for all activity occurring under its accounts and Devices. Customer shall ensure that all such use complies with this AUP and applicable law.

2.1 Customer shall not use the Services to, and shall not permit any party to:

• violate any applicable law, regulation, or third-party right, or promote or facilitate any unlawful activity;
• transmit, store, or distribute malware, ransomware, or other malicious code, or engage in any activity intended to disrupt, disable, overburden, or impair the Services or any system or network;
• gain or attempt to gain unauthorized access to any system, account, network, or data, or probe, scan, or test the vulnerability of the Services except with NOVA8’s prior written authorization;
• circumvent, disable, or interfere with entitlement, licensing, metering, security, or anti-tamper mechanisms, or exceed licensed Device counts or License Pool seat counts;
• reverse engineer, decompile, or disassemble the Services, or attempt to derive source code, except to the limited extent such restriction is prohibited by applicable law;
• access or use the Services to build or benchmark a competing product or service, or publish benchmark or performance results without NOVA8’s prior written consent;
• submit special-category personal data, protected health information, payment card data, or other high-risk regulated data to the Cloud Platform, or submit personal data in excess of the data-minimization requirements of the nova8 Data Processing Addendum;
• use the Services in violation of export control, sanctions, or anti-corruption laws, or by any denied- or restricted-party or in any embargoed jurisdiction;
• resell, sublicense, time-share, or provide the Services to third parties except as expressly authorized in a written agreement with NOVA8; or
• misrepresent identity or affiliation, or share, sell, or misuse credentials or access tokens.

3.1 The Services are general-purpose infrastructure and are not designed, warranted, or authorized for use in any application in which failure could reasonably be expected to result in death, personal injury, or severe physical, environmental, or property damage, including life-support, emergency-response, aviation flight-critical, nuclear, weapons, or safety-critical control systems, unless expressly authorized in a separate written agreement signed by an authorized officer of NOVA8. Industry examples on the website do not grant that authorization. Customer assumes the risk of unauthorized high-risk use and shall defend and indemnify NOVA8 against third-party claims arising from that unauthorized use. For authorized high-risk use, the separate written agreement governs the allocation of risk.

4.1 Customer shall maintain reasonable security for its own systems, Devices, and credentials, promptly notify NOVA8 of any suspected security incident or unauthorized use involving the Services, and reasonably cooperate with NOVA8 in investigating and remediating suspected violations of this AUP.

5.1 NOVA8 may investigate suspected violations and may remove or disable offending content or activity. NOVA8 may suspend or limit access to the Services, in whole or in part, where it reasonably determines that Customer has violated this AUP or that suspension is necessary to protect the Services, NOVA8, or others, or to comply with law. NOVA8 will use commercially reasonable efforts to provide notice and to narrow any suspension to what is reasonably necessary. Repeated or material violations may result in termination under the Cloud Terms or the EULA. NOVA8 is not liable for any action taken in good faith under this AUP.

6.1 This AUP is governed by, and construed in accordance with, the laws of the State of Wyoming, without regard to conflict-of-laws rules, consistent with the Cloud Terms and the EULA.