Acceptable Use Policy

1. GENERAL

This Acceptable Use Policy (“AUP”) addresses requirements applicable to Client’s use of PairSoft’s products, solutions and services (“PairSoft Products”).

2. APPROPRIATE USE

Client will not, and will not allow or authorize its users to use PairSoft Products to take any actions that (i) infringe on or dilute any PairSoft or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any PairSoft services or equipment or cause excessive or disproportionate load on PairSoft or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) encourage conduct that violates any applicable local, state, national or international laws or regulations; or (vii) involve the unauthorized entry to any machine accessed via PairSoft Products. If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations.

3. RESPONSIBILITY FOR CONTENT

PairSoft provides cloud-based and on-premise software solutions and related services and Client provides information and content. Client accepts sole responsibility for information and content collected, stored or transmitted by PairSoft Products on behalf of Client or its end users. Client controls and approves all aspects of its constituent communications and related content. If Client acquires content from third parties for republication, Client is solely responsible for ensuring it complies with any licensing requirements associated with such content. Client acknowledges that PairSoft exercises no control over the information passing through the PairSoft Products, and PairSoft assumes no responsibility for Client’s content.

4. PRIVACY POLICY

Client agrees to post and maintain its own privacy policy concerning its collection of personal information entered into PairSoft Products or on websites or forms developed using PairSoft Products. Client is solely responsible for ensuring that its privacy policy complies with all applicable laws.

5. PERSONAL INFORMATION

PairSoft products contain tools to assist clients with complying with regulatory obligations, client acknowledges that the PairSoft products have not been specifically designed to store sensitive information such as Personal Identifying Information (PII), data governed by HIPAA or data that is defined as Protected Health Information (including biometric data such as pictures, fingerprints, etc.) or is governed by FERPA or that requires PCI compliance. If Client uses any PairSoft Solution to store such information, Client is solely responsible for compliance with any applicable regulatory obligations. Notwithstanding the above, PairSoft will apply encryption to client data when it is at rest, transmitted, or transferred into or out of the environments hosting PairSoft SaaS products.

6. ENFORCEMENT OF AUP

PairSoft reserves the right to suspend the provision of PairSoft Products or take other appropriate remedial action to address actual or suspected violations of the AUP. PairSoft will use reasonable efforts to notify Client and provide an opportunity to cure before taking any such action, if practicable and if permitted by law. Client will cooperate with PairSoft in investigating complaints about potential violations and in taking any corrective action that PairSoft deems necessary to address such violations. PairSoft reserves the right to remove any Client content from PairSoft Products PairSoft determines, at its reasonable discretion, may be illegal, tortious, or infringing on the rights of a third party. If Client becomes aware of any activity that violates this AUP, Client shall promptly notify PairSoft of any such violation and Client shall take all necessary action to cease such violation. Violations or suspected violations of this AUP shall be immediately reported to srosenberg@goPairSoft.com.

7. CONTENT

Client is solely responsible for ensuring that Client data and internet content and its provision of same to PairSoft complies at all times with all applicable laws and regulations.

8. AUP UPDATES

PairSoft reserves the right to modify this AUP from time to time, effective upon posting a revised copy to the PairSoft website at www.PairSoft.com. PairSoft shall provide notice to Client once a revision has been posted.