Acceptable Use Policy of Pisano

1. General

(i) This Acceptable Use Policy (the “AUP”) specifies various requirements and restrictions for the responsible use of the Pisano service (collectively, the “Service”) provided by Pisano and/or its affiliated companies and subsidiaries (collectively, “Pisano” “us” or “we”). The purpose of the AUP is to specify the type of actions and content that are contrary to our mission and philosophies as well as to specify guidelines for your use of the Service.

2. Changed Terms

(i) Pisano shall have the right at any time to modify the AUP. Any use of the Service by you after such modifications shall constitute your acceptance of such modifications.

3. Customer and User Conduct

(i) The AUP is intended to protect the Service, Pisano and any Customers and Users of the Service from allegations of improper, inappropriate, abusive, or illegal conduct. When using the Service, it is your responsibility to comply with the AUP and to ensure that you are adhering to all applicable laws, rules, regulations, and commonly accepted practices of the Internet community. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct and should not be interpreted as an exhaustive list.

(ii) Pisano does not provide any guarantees regarding, and assumes no liability for, the security and integrity of any data or information you store or transmit via the Service or the Internet, including any data or information stored or transmitted by any computer designated as "secure." Users of the Service shall report to Pisano any issue that could compromise the security or integrity of the Service or anyone using or providing capabilities for the Service as soon as reasonably practicable. 

(iii) When a Customer sends any email, text message, instant message or social media message containing informational or commercial content to a User, the Customer must comply with anti-spam legislation.  Such messages will be considered unsolicited unless they are sent to a User who expressly requested receipt of such message via an "opt-in" process. It is Customer’s responsibility to prove using written evidence that each User including on any message list has expressly requested inclusion on such e-mail, text message, instant message, or social media message list. In the absence of positive, verifiable proof to the contrary, Pisano will consider any complaint by a User about an email, text, instant message, or social media message sent by a Customer to such User to be de-facto proof that the User did not consent to the message about which the complaint was made.

4. Intended Uses of the Software

(i) The collection of feedback exchanged between a User and a Customer that is providing a product or service is called a “Pisano”. “Pisano” is intended to encourage Users to provide input relating to customers’ experience with a product or service provided by the Customer. “Pisano” is intended to facilitate delivery of input about that customers’ experience directly to the Customer who is providing a product or service.

(ii) Intended uses of the Service include: 

1. Facilitating the delivery of positive or negative customer input to a Customer who is providing a product or service;
2. Facilitating exchanges between a User and a customer who is providing a product or service while both participants work towards a resolution of such customer’s issue;
3. Viewing by a customer of the exchanges/feedback that a customer has created and which are stored;
4. Administration by a customer of information relating to its feedback stored on Service, including, without limitation, the customer’s contact information, locations, employees and customer input categories;
5. Viewing by a User of reports and other compiled data; and
6. Monitoring of Pisano content by a Pisano employee or agent for content that may violate the AUP.

5. Prohibited Uses of the Software, Include the Following

(i) Transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, a prohibition against using Pisano to transmit or disseminate any:

1. material that infringes, misappropriates or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the right or legal obligations of any wireless or Internet service provider or those imposed on any of its subscribers; 
2. material or data that is illegal or material or data, as determined by Pisano (in Pisano’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, tortious, hateful or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Pisano or any third-party service provider involved in the provision of the Service; 
3. material or data that is illegal, drugs-related (e.g., heroin, cocaine), pornographic-related crime-related, violence-related, hate-related; 
4. viruses, Trojan horses, , or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; 
5. material or information that is false, misleading, or inaccurate; and/or 
6. material that would expose Pisano, any third-party service provider involved in providing the Service, or any other third party to liability.

(ii) Sending unsolicited bulk email (“UBE” or “spam”) is prohibited. The sending of any form of UBE or spam through the Service is prohibited, including the sending of bulk or unsolicited electronic mail, text (SMS) messages, instant messages, or social media messages in an improper or illegal manner. 

(iii) Running unconfirmed mailing lists is prohibited. Subscribing email addresses, telephone numbers or social media accounts to any mailing list without the express and verifiable permission of the owner is prohibited. All mailing lists run by the Customer must express opt-in and must establish consent for each intended use and in all instances must comply with Anti-spam legislation. The subscription confirmation message received from each owner must be kept on file for the duration of the existence of the mailing list.  Each owner must be provided with a simple procedure for withdrawal of consent. 

(iv) Attempting to gain unauthorized access to an account or computer resource not belonging to you and/or purposely altering or forging your identity is prohibited. Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception is prohibited. Impersonating someone else by altering your source IP address or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying your identity in connection with any use of the Service is prohibited.  Engaging in any activities that may interfere with the ability of others to access or use the Service or the Internet is prohibited.  Monitoring any data, information or communications on any network or system that is not owned by you or without authorization is prohibited. 

(v) Repeated use of the Service that may constitute spamming or harassment is prohibited. Pisano reserves the right to limit the number of the Service or to terminate the Service for Users violating this restriction. 

6. Customer Responsibility for Customer’s Users

Each Customer is responsible for the activities of its employees in using that Customer’s Service accounts and passwords.  Each Customer is also responsible for notifying each of its Users about the AUP.  Each User is responsible for its actions using the Service and for compliance with the AUP. Complaints about Customers or Users will be forwarded to Pisano’s customer administrator for action. Pisano shall have the right to terminate any Customer’s or User’s use of the Service, with or without notice, if that Customer or User violates the AUP, as determined by Pisano.

7. Cooperation with Investigations

Pisano will cooperate with appropriate law enforcement and other governmental agencies and other persons or entities authorized to investigate claims of illegal or inappropriate activity and shall have no liability to you or any third party for any actions taken in connection with such cooperation. All Customers and Users of the Service shall assist Pisano in such investigations as reasonably required. 

8. Notification of Violation 

If you become aware of any violation of the AUP by any person, including Users or third parties, you must notify Pisano via email at info@pisano.com as soon as reasonably practicable or through your designated Account Manager at Pisano.