This Acceptable Use Policy ("AUP") governs your use of the Iceberg Benchmarking Platform (the "Service"), provided by Caresoft Technologies, Inc., and its affiliated entities operating in North America (NA), the United Kingdom (UK), the European Union (EU), the Middle East, and the Asia-Pacific (APAC) regions (collectively, "Caresoft," "we," "us," or "our"), with its principal place of business at 31770 Enterprise Dr, Livonia, MI 48150, USA. This AUP applies to all Subscribers and Authorized Users (collectively, "you" or "your") as defined in the Terms and Conditions and Subscription Agreement. By accessing or using the Service, you agree to comply with this AUP. Non-compliance constitutes a material breach of the Terms and Conditions and may result in suspension, termination, or legal action.
1. Scope and Purpose
The Iceberg Benchmarking Platform is a cloud-based software solution designed for automotive benchmarking, providing proprietary datasets such as vehicle teardown data, 3D scans, point cloud data, material compositions, cost estimations, digital twins, electrical schematics, ergonomic studies, and analytics tools, including the Global System Wide Search and Analytics Module. This AUP ensures that the Service is used responsibly, protecting Caresoft’s proprietary data, intellectual property, and system integrity while complying with applicable laws across NA, UK, EU, Middle East, and APAC regions.
2. Permitted Uses
You may use the Service solely for internal business purposes, including:
Analyzing vehicle teardown datasets to support product development and competitive analysis.
Utilizing 3D scans, point cloud data, digital twins, and analytics tools for automotive benchmarking.
Creating custom dashboards, reports, or annotations within the scope of your subscription tier, as specified in the Subscription Agreement.
3. Fair Use
Fair Use Principle: You shall use the Service in a manner that is reasonable, proportionate, and consistent with the intended purpose of automotive benchmarking, as defined in the Subscription Agreement. Excessive or abusive use that disproportionately consumes system resources (e.g., data downloads, or query volumes beyond normal business needs) or adversely impacts the performance, availability, or accessibility of the Service for other users is prohibited.
Usage Limits: Usage limits, data exports, or concurrent users, may be specified in your Subscription Agreement. You shall not exceed these limits without Caresoft’s prior written consent. Caresoft reserves the right to monitor usage and implement throttling, rate-limiting, or other measures to enforce fair use and ensure equitable access for all Subscribers.
Remediation: If Caresoft determines that your usage violates the fair use principle, we may notify you and request corrective action. Persistent or intentional overuse may result in suspension or termination of access, additional fees for overages as specified in the Subscription Agreement, or other remedies as deemed necessary by Caresoft.
4. Prohibited Uses
You shall not, and shall ensure that Authorized Users do not, engage in any of the following activities:
Unauthorized Copying or Distribution: Copy, reproduce, modify, adapt, or distribute the Service or its Data, including but not limited to vehicle teardown datasets, 3D scans, point cloud data, cost estimates, or digital twins, except as expressly permitted by the Terms and Conditions or Subscription Agreement.
Third-Party Sharing: Share, disclose, or transfer Data or Confidential Information to third parties, including affiliates or subsidiaries, without Caresoft’s prior written consent.
Competitive Use: Use the Service or Data to develop, enhance, or support competing platforms, products, or services in the automotive benchmarking or related industries.
Reverse-Engineering: Reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or proprietary methodologies of the Service, except to the extent permitted by applicable law.
Unlawful Activities: Use the Service for any unlawful, fraudulent, or unethical purpose, including but not limited to violation of intellectual property, privacy, or data protection laws (e.g., GDPR, CCPA, UK GDPR).
System Disruption: Overload, disrupt, or interfere with the Service, including through denial-of-service attacks, malware, or unauthorized access attempts.
Automated Tools: Use automated tools (e.g., bots, scrapers, crawlers) to extract Data or interact with the Service without Caresoft’s prior written approval.
Use in AI or LLMs: Unless agreed in writing between Caresoft and you, Input, upload, or otherwise use any Data from the Service, including but not limited to vehicle teardown datasets, 3D scans, point cloud data, cost estimates, or digital twins, in Large Language Models (LLMs), artificial intelligence tools, machine learning systems, or any other automated data processing or generative technologies, without Caresoft’s prior written consent. This prohibition protects the proprietary nature of the Data and prevents unauthorized derivation or redistribution.
5. Compliance with Laws
You shall comply with all applicable local, state, national, and international laws, including but not limited to:
Data protection and privacy laws (e.g., GDPR, UK GDPR, CCPA) in the regions where Caresoft operates (NA, UK, EU, Middle East, APAC).
Export control regulations (e.g., U.S. Export Administration Regulations).
Intellectual property laws protecting Caresoft’s proprietary Data and software.
6. Consequences of Non-Compliance
Violation of this AUP, including the Fair Use Clause, constitutes a material breach of the Terms and Conditions and may result in:
Immediate suspension or termination of access to the Service, without refund of fees.
Liability for damages, including costs incurred by Caresoft to investigate and mitigate the breach.
Legal action, including injunctive relief, to enforce compliance or protect Caresoft’s rights.
7. Reporting Violations
If you suspect or become aware of any violation of this AUP, promptly notify Caresoft.. Caresoft may investigate reported violations and take appropriate action, including notifying relevant authorities if required by law.
8. Amendments
Caresoft may amend this AUP with a notice via email, the Service’s interface such as Iceberg. Continued use of the Service after the effective date constitutes acceptance of the amended AUP.