Last update date: May 2022

Acceptable Use Policy

1. Acceptance of Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) applies to all persons and entities (collectively, “Users” or “you”) using the software and services of Mend. This Policy is designed to protect the security, integrity, reliability, and privacy of our network and the software and services we offer to our Users (the “Services”). We strive to provide you with the best service in the market and an excellent user experience. Adhering to this Policy helps us to provide you with a better service and allows you to receive a better user experience.

You are solely responsible for any acts and omissions that occur during or related to your use of the Services. You agree not to engage in any unacceptable use of the Service, as defined in this Policy. Additional terms and conditions apply when you enter into any agreement with us (the “Subscription Terms”), and this Policy is incorporated into such terms by reference.

2. Contributing Developers Limit

You agree to ensure that the load on our infrastructure is proportionate to the number of Contributing Developers as defined:

“Contributing Developer” means any employee or contractor who, during the term of your subscription, accesses or uses the Mend Services or any engineer, developer, or another person that writes, develops, or modifies your or your affiliate’s code being scanned or monitored by the Mend Software. For the avoidance of doubt, the same individual will not be counted more than once, even if acting in two separate roles, such as a developer and software user.

3. Restrictions on Use

You agree to use the Services only as permitted by your Subscription Terms, and you agree to refrain from any prohibited use, which includes, without limitation, not to:

• use the Services in any way that breaches any applicable local, national, or international law or regulation;
• 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;
• except as may be otherwise permitted in the Subscription Terms, (i) duplicate, copy, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software used in the provision of the Services, or the documentation or any service data in any form by any means; (ii) reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software used in the provision of the Services;
• access without authority, interfere with, manipulate, damage, or disrupt all or any part of the Services or any network owned or used by any third party, or assist any third party in doing such acts;
• license, sell, transfer, assign, distribute, display, disclose or otherwise commercially exploit the Services, documentation, or otherwise make the Services, documentation, and the software available to any unauthorized third party; or
• use the Services in a breach of any other limitation as included under the Subscription Terms.

4. Limitation on Concurrent Number of Scans

Our Services are designed for use by a wide range of customers, individuals, small businesses, and enterprise organizations. The proper use of the Service by you or your organization in accordance with our Service documentation will not result in a disproportionately large load on the Mend infrastructure.

To ensure the provision of quality Services to all of our Users and to ensure that the behavior of one does not disadvantage the rest of our Users, Mend limits the maximum number of concurrent scans at any given time as follows:

 
What happens if you exceed the concurrent scans limit? Not to worry! If you exceed the concurrent scans limit, the following requests for scans will automatically be queued until the previous scans are done.

5. Enforcement

While Mend reserves the right to suspend or terminate your subscription in case of a suspected violation by you of this Policy or any of the restrictions on use included in the Subscription Terms, we will always make our best effort to notify you in advance and try to amicably resolve the issue without implementing suspension or termination or to remove such measures as soon as possible.

6. Change of Policy

Mend reserves the right to modify this Policy from time to time, by posting the revised version on our website, and we will also give you notice of the changes by sending you an email – where possible, a reasonable time in advance.

Your use of our Services constitutes your acceptance of the Policy in effect at the time of your use. If you do not accept the terms of this Policy, you must leave the relevant website immediately and not use any of our Services.

7. Contact Information
   Any questions or comments regarding this Policy, prohibited use, or other abuse of the Mend software and services should be sent to product@mend.io.