The following terms constitute our “Acceptable Use Policy” (this “Policy”).
Any capitalized terms used in this Policy will have the meanings ascribed to them in our B2B General Terms and Conditions (“B2B T&Cs”) and B2C General Terms and Conditions (“B2C T&Cs”), as applicable.
1. Acceptable Use Policy ✅
You agree not to use our Website and/or Platform to collect, upload, transmit, display or distribute any User content that would constitute uses and/or activities listed under Section 2.1 - Prohibited Uses and/or Section 3.1 - Prohibited Activities below.
In addition, you agree not to:
(i) upload, transmit, or distribute to or through our Website and/or Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise through our Website and/or Platform;
(iii) use our Website and/or Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
(iv) interfere with, disrupt or create an undue burden on servers or networks connected to our Website and/or Platform, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to our Website and/or Platform (or to other computer systems or networks connected to or used together with the Website and/or Platform), whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of our Website and/or Platform; or
(vi) use software or automated agents or scripts to produce multiple accounts on our Website and/or Platform, generate automated searches, requests or queries to strip, scrape, or mine data from our Website and/or Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our Website and/or Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2. Prohibited Uses; Prohibited or Restricted Countries/Jurisdictions 🚫⛔🗺️
2.1 Prohibited Uses. If we determine that a User of our Website, Platform and/or Services violates the prohibited uses under this Policy, we may suspend access and/or close an Account without prior notice to you. The list of prohibited uses is as follows:
| Prohibited Uses |
Description |
| No reverse engineering |
Duplicate, decompile, reverse engineer, disassemble or decode the Website and/or Platform (including any underlying idea or algorithm), or attempt to do any of the same. |
| Malicious access |
Access or use the Website and/or Platform in any manner that could disable, overburden, damage, disrupt or impair the Website and/or Platform or interfere with any other party's access to or use of the Website and/or Platform or use any device, software or routine that causes the same. |
| Unauthorized access |
Attempt to gain unauthorized access to, interfere with, damage or disrupt the Website and/or Platform, Accounts registered to other Users, or the computer systems or networks connected to the Website and/or Platform. |
| Technological measures and/or content protection |
Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website and/or Platform. |
| Content and data extraction |
Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, "mines," scrapes or otherwise accesses the Website and/or Platform to monitor, extract, copy or collect information or data from or through the Website and/or Platform, or engage in any manual process to do the same. |
| Malicious materials |
Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful. |
| Illegal purposes |
Use the Website and/or Platform for illegal, harassing, unethical, or disruptive purposes, including tax evasion or any action that is a deliberate false representation of an independent contractor relationship. |
| Violation of laws and regulations |
Violate any applicable law or regulation in your jurisdiction in connection with your access to or use of the Website, Platform and/or payment orders to Contractors through the Platform. |
| Use and/or access without permission |
Use or access another User's account or password without permission. |
| Prohibited reproduction of the Platform |
Use or access the Website and/or Platform in order to build a similar or competitive website, product or service and/or copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. |
| Prohibited licensing |
License, sublicense, loan, sell, resell, rent, lease, transmit transfer, assign, distribute, host, or otherwise commercially exploit the Website and/or the Platform, whether in whole or in part, or any content displayed on the Website. |
| General prohibition |
Access or use the Website and/or Platform in any way not expressly permitted by these Terms |
2.2 Prohibited or Restricted Countries/Jurisdictions. The use of our Platform and/or Services is not permitted in sanctioned territories such as Cuba, Syria, North Korea, Iran and the Crimea region of Russia/Ukraine as well as further "Covered Regions" of the Ukraine. We reserve the right to further determine restricted regions for access and/or use of our Platform and/or Services, at our sole discretion and from time to time.
3. Prohibited and Restricted Activities 🚫🚦
3.1 Prohibited Activities. If we determine that the use of our Platform and/or Services (including the content of a contract) violates our B2B T&Cs, B2C T&Cs, or the Prohibited Activity List below, we may suspend or close your Account and/or remove the contract from our Platform without prior notice. Contracts removed from our Platform may not be edited or restored. The list of prohibited activities is as follows:
| User Activity |
Description |
| Shell banks |
Banks incorporated in jurisdictions in which it has no physical presence, and which is not affiliated with a regulated financial institution. |
| Child pornography |
An individual or entity providing or associated with the visual depiction of a minor engaged in obscene or sexually explicit conduct whether made or produced by electronic, mechanical or other means. |
| Payday lending |
A company that lends customers money at high interest rates on the agreement that the loan will be repaid when the borrower receives their next paycheck. |
| Prostitution/escort services |
Business, agency or person who, for a fee, provides or offers to provide an escort or similar services. |
| Weapons and munitions |
Production, sale or distribution of guns, accessories, ammunition, and other weapons. |
| Illegal materials |
Production, sale, or distribution of illegal materials. |
| Chemicals and toxic materials |
Production, sale, or distribution of peptides, research chemicals, and other toxic, flammable and radioactive materials. |
| Fake documents |
Fake references or ID-providing services. |
| Unlicensed / unregulated remittance agents, forex houses, casas de cambios, bureau de change or money transfer agents |
Any activity resulting in money transfer or foreign exchange operation for which the subject does not possess the license required in the place where such service is advertised, offered or performed. |
| Non-compliant payment processing or money transmission |
Payments involving third-party payment processors or money transmitters that provide downstream processing for money service businesses (MSBs), financial institutions and payment service providers that do not have an anti-money laundering and sanctions program in place. |
| Payments with funds from Russian-original oil products |
Payments arising from, or related to, transactions in Russian-origin oil or in other Russian-origin oil or petroleum products (as defined under HS codes 2709 and 2710), irrespective of their price. |
| Payable through account payments |
Payments associated with payable through accounts. |
| Gray market goods and services |
Sale of counterfeit or "gray market" goods |
| Recreational marijuana-related business |
An individual or entity that manufactures, processes, distributes, or dispenses marijuana, or byproducts or derivatives of marijuana, for recreational purposes. |
| Unfair, predatory and deceptive products and services |
Ponzi or pyramid schemes, or other unfair, predatory or deceptive products and/or services. |
| Unlicensed/illegal gambling |
Unlicensed, illegal, unregulated gambling, lotteries, contests and/or sweepstakes, whether online or otherwise, such as bookmakers, sports parlay cards, numbers and illegal casinos, among others. |
| Unlawful program installation goods and/or services |
Spyware, malware, virus, back-door, drop dead device or other program installation goods and/or services. |
| Unlawful, offensive, defamatory and/or inappropriate activities, products and/or services |
Activities or services that we determine to be offensive, including, which promote or glorify hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity; activities or services that are racially or ethnically insensitive, defamatory, harassing or threatening; any other activity that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable law or regulation or is otherwise inappropriate or offensive; any activities or services that encourage tax fraud, tax evasion and/or tax avoidance; and/or any other unlawful activity in a User's jurisdiction. |
| Illegal substances and drugs |
Illegal prescription drug sales, illegal tobacco or e-cigarette sales, substances designed to mimic illegal drugs, and any other illegal substances. |
| Online sale of pharmaceuticals |
Online or other non-face-to-face pharmacies or pharmacy referral services, or pseudo pharmaceuticals. |
| Products and services that infringe intellectual property |
Any product or service that infringes upon the intellectual property or trade secrets of Ontop or any third party. |
| Bail bond services |
An individual or entity providing bail bond services, bail bond agents, bounty hunters and/or bail bondsmen. |
| Underage labor |
Any activity, product/service that includes underage labor. |
| Informal Value Transfer |
Businesses that use the Informal Value Transfer System, as defined in the U.S. Department of Treasury Financial Crimes Enforcement Network (FinCEN) Advisory FIN-2010-A011, such as hawalas or money transmitters who do not comply with applicable registration or license requirements. |
| Non-compliant Virtual Asset Service Providers |
Payments involving any Virtual Asset Service Providers (VASPs) as direct clients, including virtual currency exchanges, administrators and miners. |
3.2 Restricted Activities. The following restricted activity list is subject to enhanced due diligence (“EDD”) and anti-money laundering (“AML”) compliance procedures, which may be permitted to engage our Services, depending on the outcome of our compliance assessment:
| User Activity |
Description |
| Regulated gambling |
The licensed or otherwise regulated activity, within the applicable jurisdiction, of wagering of money or items of value on an event with an uncertain outcome, with the main intent of winning money or material goods (e.g. betting, online casinos, lotteries etc.). |
| Medical marijuana-related business |
An individual or entity that manufactures, processes, distributes and/or dispenses marijuana, byproducts and/or derivatives of marijuana for medical purposes, with a government-issued license. |
| Microchips and other electronic components/td>
| Business related to microchips and/or other electronic components that have due use potential, but are not otherwise subject to export control requirements. |
| Charity and charitable organizations |
A non-profit, non-political organization that collects donations, including fundraising. |
| MSB or MVTS businesses |
Subjects or businesses engaging in Money Service Businesses and Money Value Transfer businesses. |
| Miscellaneous restricted business activities |
Dealers in precious metal, shipping and general trading companies that operate out of free trade zones, travel and tour companies, used motor vehicles dealer businesses, auction organizers/managers and crowdfunding platforms. |
3.3 Updates to Prohibited and Restricted Activities. We reserve the right to update, modify and otherwise alter, at our sole discretion, the criteria we adopt in applying the prohibited and restricted activity lists above and making use of risk-based assessments in our KYB and KYC processes, as well as in carrying out EDD and AML compliance procedures. The activities that we consider to be prohibited and/or restricted include, but are not limited to the activities listed under Sections 3.1 and 3.2 above.
3.4 Prohibited Contract Terms. If by any means we determine that you may be engaging in or have engaged in conduct and/or activities in violation of this Policy, your access to our Platform and/or Services may be terminated immediately and/or your Account blocked, at our sole discretion. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds to you linked to your Account and you will not be able to access or modify contracts through our Platform.
4. Policy Enforcement 👮🚨
4.1 Enforcement. We reserve the right (but have no obligation) to review your use of our Platform, including the content of any contract, payments to Ontop, Clients, Workers and third parties, Ontop Wallet and Ontop Card transactions, results of background checks and regular due diligence, and to investigate and/or take appropriate action against you at our sole discretion if you violate this the Acceptable Use Policy or any other provision of our B2B T&Cs or B2C T&Cs (as applicable) or otherwise create liability for us or any other third party. Such action may include removing or modifying your content, terminating your Account in accordance with this Policy and/or reporting you to law enforcement authorities.
4.2 AML/BSA Policy. This Policy is subject to the terms of our Anti-Money Laundering and Bank Secrecy Act Policy (“AML/BSA Policy”). Any use of our Platform or services in violation of our AML/BSA Policy will be considered a violation of this Policy.
