Acceptable Use Policy

From time to time, business invitees and guests may be allowed access to the VBG Platform™ and related voice biometric software products (“VBG Software Products”) which are hosted in VBG data centers (together “Hosted VBG Software Products”). Access to Hosted VBG Software Products may be provided, in VBG’s sole discretion to Free Trial users, companies purchasing Paid Development plans, and clients and partners who have executed a production Agreement for VBG Software Products. All such business invitees and guests are subject to, and must comply with, this Acceptable Use Policy.

Such access is provided to allow prospects, clients, and partners a test environment with which to learn and experience the API functions of VBG Software Products, develop and test potential production applications, perform demonstrations, and gain greater insights into VBG Software Products and VBG’s hosting capabilities. No other uses are permitted.

All access to VBG Software Products shall be governed by, and provided in accordance with, the following policies:

1. Access and termination of access to Hosted VBG Software Products may be granted or denied in the sole discretion of VBG management.
2. All access to Hosted VBG Software Products shall be solely for the designated business purpose set forth in Section 1.0.
3. All activity of business invitees and guests using Hosted VBG Software Products shall be subject to monitoring. Business invitees and guests should not have an expectation of privacy regarding their activities on, or information sent to, Hosted VBG Software Products.
4. Prior to connection with Hosted VBG Software Products, a business invitee or guest may be required to demonstrate that their computer equipment has the appropriate system patches and virus software to protect the integrity of Hosted VBG Software Products.
5. If any business invitee’s or guest’s system that is connected to Hosted VBG Software Products is found to have any form of virus or malware, or is found to be causing service interruptions or any other negative and/or undesirable effects on Hosted VBG Software Products, the business invitee’s or guest’s access to Hosted VBG Software Products will be immediately terminated.
6. Failure to adhere to this Acceptable Use Policy may result in immediate termination of access to Hosted VBG Software Products and/or legal action, as determined in the sole discretion of VBG.
7. By using or accessing Hosted VBG Software Products, all business invitees and guests represent, warrant and agree that they will not do, nor attempt to do, any of the following:
• Upload, transmit or otherwise distribute any “time bomb,” virus, drop dead device, malicious logic, worm, Trojan horse, trap or back door virus, spyware or other malware or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or collect, use or disseminate any message from or through any computer;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Hosted VBG Software Products or any part thereof;
• Attempt to or actually access Hosted VBG Software Products by any means other than through the API interfaces provided by VBG;
• Attempt to or actually override any security component of Hosted VBG Software Products;
• Do anything that could disable, overburden or impair the proper working of Hosted VBG Software Products;
• Do anything that violates any local, state, national, or international laws; or
• Do anything that is fraudulent, malicious or could expose VBG to harm or liability.
8. By using Hosted VBG Software Products, business invitees and guests agree to indemnify, defend and hold harmless VBG from and against all losses, expenses, damages, costs and settlements, including reasonable attorneys’ fee, resulting from any violation of the terms and conditions of this Acceptable Use Policy.
9. Hosted VBG Software Products are provided “as is” without any warranty of any kind including any warranty for merchantability or fitness for any purpose. VBG shall have no liability for failure to provide access to Hosted VBG Software Products or for the use or results of use thereof.

Access to Hosted VBG Software Products shall be granted, in VBG’s sole discretion, solely to the following users: Free Trial users, companies purchasing Paid Development plans, and clients and partners who have executed a production Agreement for VBG Software Products. All access to Hosted VBG Software Products shall be governed by, and provided in accordance with, this Acceptable Use Policy.

Free Trial users are expected to complete testing within sixty (60) days of having been given access to Hosted VBG Software Products. If a free trial user is unable to complete testing to its reasonable satisfaction within such 60-day period, a written request can be made for a Paid Development Plan. If an extension is granted in VBG’s sole discretion, the Free Trial user can continue testing under a Paid Development Plan for a period of up to an additional twelve (12) months.

At the end of the Paid Development Plan period, the company shall either be prohibited from having further access to Hosted VBG Software Products or shall become a client or partner who has executed a production Agreement to for VBG Software Products for the agreed upon fees and expenses. Clients and partners in good standing may be provided, in VBG’s sole discretion, with access to a User Acceptance Testing (“UAT”) development account for Hosted VBG Software Products to conducting further testing reasonably expected to result in additional commercial applications for Hosted VBG Software Products.

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