Fair Use Policy

Summary

  1. Our Fair Use Policy applies to your use of the Livegenic Platform (the “Livegenic Services”).
  2. Our Fair Use Policy is intended to ensure:
    1. the availability of the Livegenic Platform to all eligible Livegenic Customers; and
    2. that the Livegenic Services are not used in an unreasonable manner.
  3. We reserve the right to vary the terms of this Fair Use Policy from time to time.
  4. We may rely on the Fair Use Policy where your usage of the Livegenic Services is unreasonable, as defined below.
  5. Unless otherwise indicated, capitalized terms used in this Fair Use Policy have the meanings given to them in our agreement with you.

Unreasonable Use

  1. It is unreasonable use of a Livegenic Service where your use of the service is reasonably considered by Livegenic to:
    1. be fraudulent;
    2. involve a non-ordinary use;
    3. cause significant network congestion, disruption or otherwise adversely affect the Livegenic network, a supplier’s network; or
    4. adversely affect another person’s use of or access to the Livegenic Services, the Livegenic network or a supplier’s network.
  2. Without limitation:
    1. Fraudulent use includes resupplying or reselling a service without Livegenic’s written consent so that someone else may access, use or commercially exploit a Livegenic Service;
    2. Non-ordinary use includes:
      1. usage to menace, harass or injure any person or damage anything;
      2. usage in connection with an infringement or committing an offence against any law, standard or code; or
      3. any other activity which would not be reasonably regarded as ordinary use in relation to the Livegenic Service.

Certain Billing Practices

  1. We will not bill for claims that have no associated data (e.g., no videos, pictures, recordings etc.).
  2. We will not bill for claims for which associated data is comprised solely of either (i) video footage of less than 30 seconds in duration, or (ii) audio recording for less than 5 seconds in duration.
  3. We will not bill you for “test” or “training” claims. To indicate that a claim is a test, simply include “Test” into the Claim ID or Policyholder Name to indicate a test claims.
  4. Claims that are uploaded and thereafter deleted are still billable.

Excess Usage

One billable claim is subject to the following content volume limits:

  1. 1 hour of video,
  2. 500 pictures,
  3. 100 attachments,
  4. 100 phone recordings,
  5. 2 hours of phone recordings, or
  6. 5 GB of attachments.

In the event that a claim exceeds any of the above content volume limits, we will bill for multiple claims to the extent necessary to achieve consistency with such limits, determined on a per claim basis.

Our Rights

  1. If we consider your use of the Livegenic Services is unreasonable, we may, at our sole discretion, without telling you before we do so:
    1. suspend or limit your access to the Livegenic Platform (or any feature of it) in accordance with our agreement with you; and/or
    2. terminate the Service in accordance with our agreement with you.
  2. This policy is supplementary to and does not limit any of Livegenic’s rights.
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