Toolmaster's acceptable use policy

This Acceptable Use Policy (hereinafter the "Policy") applies to (i) the use of and access to the platform and the application of Toolmaster (hereinafter the “Solution”) and (ii) the use of any product, service or website provided by Toolmaster (hereinafter the “Services”). The customer of Toolmaster (hereinafter the “Customer”), its administrators and users of the account (hereinafter collectively referred to as “Users”) acknowledge that the Policy shall apply in full and guarantee its obligations shall be respected.

Toolmaster may modify this Policy at any time by posting a revised version on the website or in the Solution. By using the Solution, the Customer and the Users agree to the latest version of this Policy.

The Solution is managed and the Services are provided by Toolmaster (a limited company (BV) incorporated under the laws of Belgium, having its registered office at BE 9051 Ghent, Sint-Dionysiusstraat 20, with company / VAT number BE-1005.219.413).

1.1 The Users are solely and fully responsible for (non-limited):
• Creating and managing (additional) user accounts;
• Ensuring no false or misleading information is being used for the user account;
• All use or abuse made of the account;
• The safe handling, storage, confidentiality and proper usage of the accounts.

1.2 Each User shall have a designated account. No User shall allow any other party, or share with any party, access to the Solution through its own account.

1.3 Users shall apply all reasonable techniques, practices and/or technology to prevent unauthorized access to the Solution by any other User or third party. Users shall notify Toolmaster promptly of any such unauthorized access, and immediately employ all such means to stop the misuse.

2.1 The User shall not upload pictures containing personal data or other personal information onto the Solution without the consent of the individuals concerned. These individuals shall always retain the right to revoke their consent.

2.2 The Users shall use the Solution as a normal and prudent person. In this regard, the User commits to carefully follow the instructions of Toolmaster and not to use the Solution for purposes deemed unlawful, unreasonable or illegal. Users may not use Solution to transmit, distribute, or store material in a manner that Toolmaster believes:
• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any privacy, intellectual property, proprietary right of another;
• Advocates or induces illegal activity;
• Stalks, harasses, or harms anyone, including minors;
• Violates the applicable privacy legislation (such as, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’), Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘e-privacy directive’).
• Modifies, alters, tampers with, or otherwise creates derivative works of any of the Solution;
• Reverse engineers, disassembles, or decompiles the (infrastructure of the) Solution;
• Accesses or uses the Solution in a way intended to avoid incurring fees or exceeding usage limits or quotas;
• Interferes with or adversely affects the Solution or use of the Solution by other customers;
• Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Solution and any other accounts, computer systems, or networks connected thereto;
• Monitors or crawls a system so that such system is impaired or disrupted;
• Conducts denial of service attacks;
• Intentionally interferes with the proper functioning of any system, including any deliberate attempt to overload a system by any means;
• Operates network services like open proxies, open mail relays, or open recursive domain name servers;
• Uses means (manual or electronic) to avoid any use limitations placed on a system, such as access and storage restrictions;
• Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
• Alters or obscures mail headers or assume a sender's identity without the sender's explicit permission;
• Collects or replies to messages if those messages violate this Policy;
• Is in general to be considered abnormal use of the Solution.

2.3 Users may not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”). Users may not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Users may not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

2.4 If the User observes or discovers any deficiency or problem in the Solution, the User is obligated to immediately cease the use of the Solution and make every reasonable effort – or have every reasonable effort made – to prevent any (further) damage.

3.1 Users are solely responsible for exercising supervision and control over the accounts, the data, as well as the compliance of other users or third parties with all relevant policies and procedures.

3.2 Toolmaster reserves the right to monitor and enforce, but does not assume any obligation or responsibility whatsoever in respect of:
• monitoring or investigating (i) any of the Users access to, or use of the Solution (including the management of the accounts) or (ii) any of third parties authorized by the Users to access the data.
• notify Users of any misuse of the Solution or non-compliance under this Policy.

3.3 Toolmaster may however:
• investigate violations of this Policy or misuse of the Solution;
• remove, disable access to, or modify any data or resource that violates this Policy or any other agreement Toolmaster has with the Customer for use of the Solution; or
• report any activity that Toolmaster suspects to be in violation of any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Toolmaster’s reporting may include disclosing appropriate user information and cooperating with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

3.4 If a User becomes aware of any violation of this Policy, Toolmaster should be immediately notified. The User should subsequently provide Toolmaster with assistance to stop or remedy the violation.

Toolmaster may immediately suspend the access of the Customer and its Users to the Solution, or terminate the subscription of the Customer for cause without any compensation owed to the User, if a Customer or one of its Users breaches this Policy or does not respond to Toolmaster in a reasonable period after being contacted about a potential breach of this Policy. The foregoing is without prejudice to Toolmaster's right to seek compensation from the User (or a third party) for damages resulting from unlawful, unreasonable, or illegal use.

For questions regarding this document you can reach out to tom@toolmaster.io - gsm: 0492 803 367