Acceptable Use Policy

This current consolidated Acceptable Use Policy was published on 28th March 2024

1.1 This Acceptable Use Policy (as updated from time to time) is incorporated by reference into and forms part of our MSA. It governs how the Customer and Authorised Users may access and use the Cygnus SaaS Products.
1.2 Defined terms in this Acceptable Use Policy shall have the same meaning in this Acceptable Use Policy and the same rules of interpretation apply.
1.3 Permitted Purposes: The Customer and Authorised Users are only permitted to use and access the Cygnus SaaS Products for its internal business purposes and in accordance with the relevant provisions of the MSA. Use of the Cygnus SaaS Products (or any part) in any other way, including in contravention of any restriction on use set out in this Acceptable Use Policy, is not permitted. If any person does not agree with the terms of this Acceptable Use Policy, they may not use the Cygnus SaaS Products.

2.1 As a condition of use of the Cygnus SaaS Products, the Customer (on its own behalf and on behalf of all Authorised Users) and each Authorised User agrees not to:
2.1.1 permit anyone to access Cygnus SaaS Products who is not an Authorised User;
2.1.2 exceed the Licence Metrics specified in the relevant Order Form;
2.1.3 access, store, distribute or transmit any software, code, file or programme which may prevent, impair or otherwise adversely affect the operation of the Cygnus SaaS Products (including without limitation worms, trojan horses, viruses and other similar things or devices) or submit any material to the Cygnus SaaS Products that:
(a) is harmful, discriminatory, threatening, defamatory, obscene, infringing, harassing, or offensive;
(b) is submitted unlawfully (including in breach of the Data Protection Legislation) or facilitates illegal activity;
(c) is incomplete, inaccurate, or intended to deceive; or
(d) could cause damage or injury to any person or property.
2.1.4 have any right to copy, adapt, reverse engineer, de-compile, disassemble, modify, adapt or make error corrections to the Cygnus SaaS Products except, with respect to de-compilation of the Cygnus SaaS Products, to the extent such de-compilation is necessary for the exclusive purpose of obtaining the information necessary to create an independent program which can be operated with the Cygnus SaaS Products or with another program and the Customer (or an Authorised User)’s right to de-compile the Cygnus SaaS Products shall not apply if:
(a) the Customer (or an Authorised User) is in breach of the de-compilation conditions described in section 50B of the Copyright, Designs and Patents Act 1988; or
(b) Cygnus: (i) is prepared to carry out, and/or procure the carrying out of, such de-compilation in return for a reasonable fee; or (ii) has provided the information necessary to achieve such inter-operation without such de-compilation within a reasonable period, and the Customer (or an Authorised User) shall request that Cygnus carries out such action or provides such information (and shall meet Cygnus’s reasonable costs in providing that information) before undertaking any such de-compilation;
2.1.5 access the Cygnus SaaS Products in order to build a product or service which competes with the Cygnus SaaS Products or the business of Cygnus;
2.1.6 use the Cygnus SaaS Products to provide services to third parties;
2.1.7 use the Cygnus SaaS Products in any manner which may impair any other person’s use of the Cygnus SaaS Products or use of any other Services provided by Cygnus to any other person;
2.1.8 attempt to circumvent any password or user authentication methods of any person;
2.1.9 attempt to, circumvent, disable or otherwise interfere with any security related features of the Cygnus SaaS products (including features that enforce limitations of use or prevent copying)
2.1.10 in any manner inconsistent with the provisions of the MSA, the relevant Documentation or any instructions provided by Cygnus from time to time; or
2.1.11 in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in the MSA.
2.2 As a condition of use of the Cygnus SaaS Products, the Customer (and an Authorised User (as applicable)) agrees to:
2.2.1 keep secure and confidential their username and password for access to the Cygnus SaaS Products;
2.2.2 confirm that the list of current named and identified Authorised Users appearing to Cygnus on the Cygnus SaaS Products is up-to-date and accurate and shall provide such list of current Authorised Users to Cygnus within five (5) business days of Cygnus’s written request.
2.3 As a condition of use of the Cygnus SaaS Products, the Customer (and an Authorised User (as the case may be)) agrees not to:
2.3.1 create a frame or any other browser or border environment around the content of the Cygnus SaaS Portal (or any part);
2.3.2 display any of the trade marks or logos used on the Cygnus SaaS Products without the Cygnus’ permission together with that of the owner of such trade marks or logos; or
2.3.3 use Cygnus’ trade marks, logos or trade names in any manner.

3.1 Any Customer Data or communication made on or using the Cygnus SaaS Products by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in Cygnus’ discretion, acting reasonably. In particular, the Customer warrants and undertakes that any Customer Data and each such communication shall at all times be:
3.1.1 submitted lawfully and without infringement of any Intellectual Property Rights of any person;
3.1.2 free of any viruses;
3.1.3 factually accurate;
3.1.4 provided with all necessary contents of all relevant third parties;
3.1.5 not defamatory or likely to give rise to an allegation of defamation;
3.1.6 free of any content or activity that is, or may reasonably be suspected to be, terrorist in nature; or
3.1.7 unlikely to cause offence, embarrassment or annoyance to any person.