Acceptable Use Policy (UK)
This Acceptable Use Policy ("AUP") governs the access to and use of the Kolay IK SaaS HR platform and related services ("Platform") provided by Kolay IK Limited ("Kolay IK"). This AUP is incorporated by reference into the Master Subscription Agreement ("MSA") or other applicable agreements between Kolay IK and the Customer.
By accessing or using the Platform, the Customer and its authorised users ("Users") agree to comply with this AUP. "Authorised Users" are the Customer’s named users designated under the MSA. Kolay IK may modify this AUP at any time by posting the updated version on its website or notifying the Customer. Continued use after the effective date constitutes acceptance.
1. PROHIBITED CONTENT AND UNLAWFUL USE
The Customer is solely responsible for the content and data uploaded to the Platform (to the extent permitted by law). The Customer and its Users must not use the Platform:
- 1.1. In any way that breaches any applicable local, national, or international law or regulation. Specifically, the Customer must not use the Platform to process data in violation of UK employment law.
- 1.2. For the upload of unlawful content, including material that is defamatory, obscene, offensive, hateful, discriminatory (including on grounds protected by the Equality Act 2010), or promotes violence or illegal activity.
- 1.3. To infringe the intellectual property rights or privacy rights of any third party.
- 1.4. The Customer must not upload or process any Special Category Personal Data (as defined in UK GDPR Article 9) unless explicitly agreed in writing with Kolay IK (see DPA).
2. SYSTEM INTEGRITY AND SECURITY
To protect our multi-tenant cloud environment, we must strictly address multi-tenant security responsibilities. Users must not:
- 2.1. Engage in any form of security interference, including attempting to bypass or disable any security mechanism of the Platform.
- 2.2. Upload, transmit, or distribute any malicious code, viruses, trojans, worms, or logic bombs.
- 2.3. Engage in any reverse engineering, decompiling, or disassembling of the Platform or its underlying technology, except to the extent expressly permitted by applicable law.
- 2.4. Penetration Testing: Conducting vulnerability scans, penetration tests, or any other security assessments on the Platform is strictly prohibited unless the Customer has obtained Kolay IK's prior express written permission, which may be subject to a separate testing agreement and scope.
3. ACCOUNT ACCESS AND SHARING
- 3.1. One-to-One Licensing: User accounts are provisioned on a named-user basis. Each Authorised User must have their own unique login credentials.
- 3.2. No Password Sharing: The sharing of accounts or credentials is strictly prohibited and may result in immediate suspension of the relevant account(s). The Customer is responsible for maintaining the confidentiality of all login credentials associated with its account.
4. RESOURCE LIMITS AND EXCESSIVE USAGE
- 4.1. Fair Use: The Platform must be used in a reasonable manner that does not negatively impact the experience of other Kolay IK customers.
- 4.2. Unreasonable Load: The Customer must not engage in excessive API usage or use automated scripts, bots, or scraping tools in a manner that exceeds reasonable usage patterns or the limits set out in the Order Form or documentation.
- 4.3. The Customer shall not use the Platform for any high-risk automated decision-making (ADM) activities that could have legal or significant effects on Data Subjects without appropriate human oversight, in line with UK GDPR requirements.
5. SUSPENSION RIGHTS AND ENFORCEMENT
- 5.1. Right to Suspend: Kolay IK reserves the right to suspend access to the Platform for any violation of this AUP.
- 5.2. Notice Mechanism: Where reasonably practicable, Kolay IK will provide the Customer with prior written notice of the suspension and a reasonable opportunity to cure (except in cases of immediate threat).
- 5.3. Immediate Suspension: However, if Kolay IK reasonably determines that a violation poses an immediate threat to the security, integrity, or availability of the Platform (e.g., upload of malicious code or active security interference), Kolay IK may suspend access immediately without prior notice, promptly notifying the Customer thereafter. Such suspension shall be proportionate and lifted as soon as the threat is mitigated.
- 5.4. Suspension does not relieve the Customer of its obligation to pay Fees during the suspension period unless otherwise agreed.
- 5.5. In addition to suspension, repeated or material breaches may result in termination of the MSA in accordance with its terms.
6. MONITORING AND INDEMNITY
- 6.1. Kolay IK may monitor use of the Platform to ensure compliance with this AUP, subject to the terms of the DPA and applicable law.
- 6.2. The Customer shall indemnify Kolay IK against any claims, losses or damages arising from the Customer’s or its Users’ breach of this AUP.
7. GENERAL RESTRICTIONS
- 7.1. The Customer shall not resell, sublicense, or commercially exploit the Platform or any part of it for the benefit of any third party.
8. GOVERNING LAW
- 8.1. This AUP is governed by the laws of England and Wales.
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