SmartBear Acceptable Use Policy

This Acceptable Use Policy (“Policy”) is incorporated into and forms part of the SmartBear Master Solutions Agreement (“Agreement”) and applies to Customer’s use of the SmartBear Solutions, including both SaaS offerings and Licensed Software, as defined in the Agreement. Capitalized terms used but not defined in this Policy have the meanings given in Exhibit 1 of the Agreement.

SmartBear may make reasonable modifications to this Policy from time to time by posting a new version at https://smartbear.com/legal/acceptable-use-policy. Unless otherwise specified, revisions are effective immediately upon posting. Customer’s continued access to or use of the Solutions on or after the effective date of any changes constitutes acceptance of such updates.

While SmartBear does not generally monitor Customer Data or Customer activity, it reserves the right to review and take appropriate action where it becomes aware of potential misuse or risks.

Questions about this Policy or reports of violations should be directed to: [email protected].

1. Scope. This Policy applies to all Solutions provided by SmartBear, including: (a) hosted, cloud-based SaaS Solutions; and (b) on-premise or self-managed Licensed Software. Customer must ensure all Users comply with this Policy in connection with their use of the Solutions.
2. Prohibited Uses. Customer agrees not to, and to not assist or permit anyone else (including any User) to, use, or allow others to use, the Solutions in any manner prohibited by this Policy or Section 4 (Use Restrictions) of the Agreement. Prohibited uses include, without limitation:
   1. Conduct and Information Restrictions:
      • Violating any applicable law or committing unlawful conduct
      • Transmitting or storing content that is obscene, violent, pornographic, or otherwise objectionable
      • Encouraging or providing instructions for violent or harmful acts
      • Infringing intellectual property rights without appropriate authorization
      • Altering or removing copyright, trademark, or other proprietary notices
      • Transmitting sensitive personal information without legal basis or authorization (e.g., SSNs, health data, financial credentials)
      • Gaining unauthorized access to systems, networks, services, or accounts
      • Interfering with services or systems (e.g., by scripting, spamming, or launching disruptive operations)
      • Sending deceptive, unsolicited, or bulk communications (“spam”)
      • Engaging in phishing, impersonation, or social engineering
      • Recording communications without legally required consents
      • Exceeding the number of permitted Users, license entitlements, or other restrictions specified in the applicable Order or the Product Specific Terms
      • Selling, sublicensing, distributing, renting, transferring, assigning, or otherwise commercially exploiting the Solutions, Documentation, or SmartBear Technology
      • Making the Solutions, Documentation, or SmartBear Technology available to any third party other than authorized Users
      • Copying, modifying, creating derivative works of, decompiling, reverse engineering, disassembling, or otherwise attempting to discover any source code or underlying components of the Solutions or SmartBear Technology
      • Using the Solutions, Documentation, or SmartBear Technology to build or support a competing product or service
      • Using the Solutions, Documentation, or SmartBear Technology for timesharing, rental, outsourcing, or a service bureau operation
   2. Technical Restrictions
      • Accessing third-party systems or data without authorization
      • Circumventing authentication or security controls
      • Using or distributing hacking tools, malware, spyware, or similar utilities
      • Modifying SmartBear-provided software without authorization
      • Bypassing license controls or tampering with software components
      • Launching denial-of-service attacks or otherwise degrading performance
      • Reverse engineering, decompiling, or attempting to discover source code
   3. Network and Usage Restrictions
      • Interfering with another user’s ability to use the Solutions
      • Introducing malicious code (e.g., viruses, worms)
      • Generating excessive traffic that impedes SmartBear’s systems or other Customers’ use
      • Causing performance degradation to SmartBear networks or hosted infrastructure
      • Abusing operator privileges or attempting to crash systems
      • Interfering with or disrupting the integrity or performance of the Solutions, SmartBear Technology, or any related data, systems, or networks or engage in any activity that violates the rights of others
      • Performing or disclosing any security testing, benchmarks, performance tests, evaluations, or comparisons without SmartBear’s prior written consent
      • Attempting to gain unauthorized access to the Solutions or SmartBear Technology;

   In addition, for Licensed Software, Customer remains responsible for protecting internal systems from misuse or misconfiguration in accordance with license terms described in the Product Specific Terms.

3. Enforcement and Remedial Rights

   SmartBear reserves the right, under Section 10 (Suspension and Termination) of the Agreement (including without limitation if SmartBear determines that: (a) Customer Data or Customer’s use of the Solutions may violate applicable laws, the Policies (including this Policy), or the rights of any third party; or (b) Customer’s use of the Solutions exceeds applicable entitlements, materially impacts system performance, or threatens the security, integrity, or availability of the Solutions or related systems), to, in its sole discretion and without liability:

   • Remove or restrict access to Customer Data or content that violates this Policy
   • Throttle or suspend or otherwise limit Customer’s access to the Solutions, including by reducing usage capacity or feature availability
   • Take any other action or measures required by applicable law or governmental authority
   • Suspend Customer’s or any User’s access to the affected Solutions

   Where feasible and not prohibited by law, SmartBear will provide advance notice and an opportunity to cure before taking such measures. Actions will be proportionate to the issue’s severity and do not relieve Customer of any payment obligations under the Agreement.

4. Conflicts and Precedence

   This Policy is part of the Agreement. In the event of a conflict between this Policy and any other applicable terms, this Policy will govern with respect to permissible and impermissible use of the Solutions. For all other terms (e.g., license, support, or fees), the Agreement and related Additional Solution Terms control.

5. Notices and Updates

   SmartBear will provide notice of material updates to this Policy via:

   • Posting at https://smartbear.com/legal/acceptable-use-policy
   • Customer Account contact email as provided in the Agreement

   Please review this Policy periodically to ensure continued compliance.