Harness Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes rules that apply to any party (“you”, “your”, “yours”, or “Customer”) using any websites, products and services (collectively, the “Software”) provided by Harness Inc. or any of its affiliates (collectively, “Harness”) and any user of any software application or service made available by Customer that interfaces with the Software (“User”). The prohibited conduct in this AUP is not exhaustive. Customer is responsible for its Users’ compliance with this AUP. If Customer or any User violates this AUP, Harness may suspend Customer’s use of the Software. This AUP may be updated by Harness from time to time upon reasonable notice, which may be provided via Customer’s account, e-mail, or by posting an updated version of this AUP at https://harness.io/legal/AUP.

1. No Inappropriate Content or Users.

Do not use the Software to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or objectionable, including, but not limited to, content or communications which Harness determines:
1.a is false or inaccurate; 
1.b is hateful or encourages hatred or violence against individuals or groups; or 
1.c could endanger public safety.
This prohibition includes use of the Software by a hate group. Customer and its Users are also prohibited from using the Software to promote, or enable the transmission of or access to, any prohibited content or communications described in this paragraph.

2. Prohibited Activities.

Do not use the Software to engage in or encourage any activity that is illegal, deceptive, harmful, a violation of others’ rights, or harmful to Harness’s business operations or reputation, including:
2.a Violations of Laws. Violating laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction (collectively, “Applicable Laws”). This includes i) violating Applicable Laws requiring (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications, or ii) (h) using the Software in violation of any applicable laws or regulations (including any export laws, restrictions, national security controls and regulations) or outside of the license scope set forth in Section 2.1 (License Grant) of the Agreement; 
2.b Configure the Software to collect or transmit any Prohibited Data, or transmit to Harness any Prohibited Data.  “Prohibited Data” means: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (c) credit, debit, or other payment card data or financial account information, including bank account numbers or other personally identifiable financial information; (d) social security numbers, driver’s license numbers, or other government identification numbers; (e) other information subject to regulation or protection under specific laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (“GLBA”) (or related rules or regulations); or (f) any data similar to the above protected under foreign or domestic laws.
2.c Disclose or, except as reasonably necessary to use the Software, use any non-public information regarding Harness or the Software;
2.d Use the Software in support of any nuclear proliferation, chemical weapon, biological weapon or missile proliferation activity; 
2.e Interference with the Software. Interfering with or otherwise negatively impacting any aspect of the Software or any third-party networks that are linked to the Software;
2.f Publish the results of any benchmarking tests run on the Software; 
2.g Use the Software to

• store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware; 
• engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity; 
• interfere with or disrupt the integrity or performance of third party systems, or the Software or data contained therein;
• perform, or engage any third party to perform, authenticated or unauthenticated penetration testing, vulnerability assessments or other security assessments on the SaaS deployment of the Software;

2.h Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications; 
2.i Create a Harness customer account, access or use the Software in order to:

• monitor the Software’s availability, performance, or functionality for competitive purposes; 
• copy ideas, features, functions, or graphics;
• develop competing products or Software; or 
• perform any other form of competitive analysis, as determined by Harness in its sole discretion;

2.j Using, or permitting direct or indirect access to, the Software for any form of excessive automated bulk activity such as spamming; inauthentic interactions, such as the creation or use of fake accounts and automated inauthentic activity; or mining or demonstrating proof-of-work or other proof by use of resources for any cryptocurrency or blockchain.

3. No Service Integrity Violations.

Do not violate the integrity of the Software, including:
3.1 Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Software;
3.2 Security Vulnerabilities. Finding security vulnerabilities to exploit the Software or attempting to bypass any security mechanism or filtering capabilities; 
3.3 Disabling the Software. Any denial of service (DoS) attack on the Software or any other conduct that attempts to disrupt, disable, or overload the Software;
3.4 Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Software;
3.5 Unauthorized Access. Attempting to gain unauthorized access to the Software or Harness’s systems.

4. Data Safeguards.

Customer is responsible for determining whether the Software offers appropriate safeguards for Customer’s use of the Software, including, but not limited to, any safeguards required by Applicable Laws, prior to transmitting or processing, or prior to permitting Users to transmit or process, any data or communications via the Software.

5. Notices and Reporting.

Violations of this AUP, including any prohibited content or communications, may be reported to legalnotices@harness.io. Customer agrees to immediately report any violation of this AUP to Harness and provide cooperation, as requested by Harness, to investigate and/or remedy that violation.