Software Use Agreement

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Software Use Agreement

Privacy & Compliance

Acceptable Use Policy for the Services

Last Modified: May 1, 2020

Introduction

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the Software as a Service (the “Services”) offered by XPEL, Inc. (the “Provider,” “XPEL”, “we,” “us”, or “our”). This Policy, in conjunction with the Agreement governing access to the Services (the “Agreement”), governs your access to and use of the Services. The examples described in this Policy are not exhaustive, and the Provider reserves the right to amend, alter, or modify your conduct requirements as set forth in this Policy at any time by posting a revised version on the XPEL internet site at https://www.xpel.com/software-use-agreement. By signing up for or using the Services, you agree to the latest version of this Policy. If you do not want to agree to this Policy, you must not access or use the Services.

If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Policy. You may not use, or encourage, promote, facilitate or instruct others to use, the Services:

for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive;
to tamper with, reverse-engineer, or hack the Services;
to circumvent any security or authentication measures;
to attempt to gain unauthorized access to the Services, related systems, or the Provider’s networks or data;
in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
in any way that exceeds the limited uses of the Services granted under the Agreement;
in any way that would expose Provider’s Intellectual Property or Confidential Information, as defined under the Agreement, to an unauthorized user, or
to engage in any other conduct that, as determined by us, may harm the Provider or users of the Services or expose them to liability.

Monitoring and Enforcement

The Provider, in its sole discretion, will determine whether your conduct is in compliance with this Policy. The Provider has the right to:

Monitor your use of the Services for any purpose in our sole discretion and as we see fit.
Investigate violations of this Policy or misuse of the Services.
Take any action we deem necessary or appropriate in our sole discretion if we believe a user’s conduct violates this Policy, infringes any intellectual property right or other right of any person or entity, or could create liability for the Provider.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Policy.

XPEL may determine your compliance with this Policy by using information that is collected in accordance with XPEL’s Privacy Policy, which may be found at www.xpel.com/privacy-policy (“Privacy Policy”). The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, Customer acknowledges that it has reviewed and accepted the Privacy Policy, and Customer consents to all actions taken by Provider with respect to any information provided by Customer in compliance with the then-current version of the Privacy Policy.

Without affecting any other available remedies, XPEL may permanently or temporarily terminate or suspend a user’s account or access to the Services without notice or liability if XPEL (in its sole discretion) determines that a user has violated this Policy. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate 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.

YOU WAIVE AND HOLD HARMLESS THE PROVIDER, ITS AFFILIATES, AND LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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