Acceptable Use Policy

Last updated: 12 November 2022

The Acceptable Use Policy ("Policy") set forth below defines acceptable practices that apply when you upload content to our site, make content with other users on our site, link to our site, or interact with our site in any way. By using our site, you acknowledge that you have read, understood, and agree to abide by this Policy. If you do not agree to these terms, you must not use our site. “Our site” refers to our website, https://getearlybird.ai and all of our products including the CareerEar website application software and Earlybird application software, whether they are hosted on our website or hosted on any server or any mobile application platform.

Our Privacy Notice and Terms of Use also applies to your use of our site

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

In addition, you acknowledge that you will be responsible for violations of these Policies by third parties that have gained access to our site through you. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we or our approved subcontractor may edit or remove content that we deem to be in violation of this Policy or that we otherwise deem harmful or offensive upon giving notice to you. This Policy applies to all aspects of using our site, including e-mail, chatting, and browsing.

This Policy is designed to assist in protecting our site, all of our customers and those of our subcontractors and the internet community as a whole from improper and/or illegal activity over the internet. All of our customers are expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the internet community.

Simply exercising good judgement and common sense while using our site should enable you to remain within the purview of acceptable conduct as further described in this Policy. The categories listed below are non exhaustive guidelines regarding appropriate and inappropriate conduct.

1. Our Rights

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any contribution uploaded by you to our site.
• Issue a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonablycfeel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any action we reasonably deem appropriate.

2. Prohibited Use

You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• To bully, insult, intimidate or humiliate any person.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
  -Any part of our site;
  -Any equipment or network on which our site is stored;
  -Any software used in the provision of our site; or
  -Any equipment or network or software owned or used by any third party.

3. UCE/Spamming/Mailbombing

You may not use the site to transmit excessive volumes of unsolicited commercial email messages. Any unsolicited commercial e-mail messages or a series of unsolicited commercial email messages constitutes unsolicited commercial email ("UCE") and is prohibited. In addition, "spamming" or "mailbombing" is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to site, is similarly prohibited.

4. Spoofing/Fraud

You may not attempt to send email messages or transmit any electronic communications using a name or address of someone other than your own for purposes of deception. Any attempt to impersonate someone else by you by altering your source IP address information or by using forged headers or other identifying information is prohibited. Any attempt by you to fraudulently conceal, forge, or otherwise falsify your identity in connection with your use of the site is prohibited.

5. Illegal Activity

You agree to use our Site only for lawful purposes. Use of the Site for 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) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

6. Other prohibited activities

You are also prohibited from the following activities:

• Attempting to intercept, redirect, or otherwise interfere with communications intended for others; and intentionally transmitting files containing a computer virus or corrupted data.
• Any other inappropriate activity or abuse of the site, whether or not specifically listed in this Policy, may result in us revoking your access to the site.

7. Cooperation with investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

8. Which country's laws apply to any disputes

If you are a consumer, please note that the terms of this Policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales