Capitalized terms used in this Acceptable Use Policy ("AUP") and not defined herein have the meanings assigned to them in the SSMS Terms of Service ("ToS"). The following additional terms apply to this AUP:
"Excessive Use" means usage of the Platform's storage, bandwidth, API capacity, or other resources that materially exceeds the limits of the Client's Subscription Plan or that degrades the performance, availability, or stability of the Platform for other tenants.
"Prohibited Content" means any content that falls within the categories described in Section 3 of this AUP.
"Prohibited Activity" means any activity that falls within the categories described in Section 4 of this AUP.
2.1 This AUP applies to all use of the Platform by the Client and all Authorized Users operating within the Client's Tenant, including Client Admins, Standard Users, and Viewers.
2.2 This AUP is incorporated by reference into the Terms of Service and forms an integral part of the Agreement between SSMS and the Client.
2.3 The Client is responsible for ensuring that all Authorized Users are aware of this AUP and comply with its terms. The Client is liable for any violations of this AUP committed by its Authorized Users, regardless of whether the Client expressly authorized the specific conduct.
2.4 This AUP applies to all Client Data uploaded, submitted, stored, or distributed through the Platform, including content served through Eternal Links to unauthenticated third parties.
3.1 The Client shall not upload, submit, store, or distribute through the Platform any content that:
(a) is illegal under the laws of Canada, the Province of Quebec, or any jurisdiction in which the content is accessed or distributed;
(b) infringes, misappropriates, or violates any third-party intellectual property rights, including copyrights, trademarks, patents, trade secrets, or rights of publicity;
(c) contains malware, viruses, trojan horses, ransomware, spyware, or any other malicious code or software designed to disrupt, damage, or gain unauthorized access to any system;
(d) is defamatory, libelous, fraudulent, deceptive, or misleading, including product information that the Client knows to be materially inaccurate;
(e) violates applicable export control laws, trade sanctions, or embargo regulations, including the Export and Import Permits Act (Canada) and the Special Economic Measures Act (Canada);
(f) contains personal information of any individual without proper consent or legal authority to collect, store, and process such information, except as permitted under the Privacy Policy and applicable privacy legislation; or
(g) is otherwise harmful, offensive, or objectionable in a manner that exposes SSMS to legal liability or reputational harm.
3.2 The Client acknowledges that SSMS does not pre-screen, review, or approve Client Data before it is uploaded to the Platform or served through Eternal Links. The Client bears sole responsibility for ensuring that all content complies with this AUP.
4.1 The Client and its Authorized Users shall not engage in the following activities:
(a) Unauthorized Access: attempting to access, probe, or penetrate any other tenant's data, environment, database, or storage; attempting to access any SSMS system, network, or infrastructure component not intended for Client use;
(b) Reverse Engineering: decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code, algorithms, or architecture of the Platform or any component thereof;
(c) Security Circumvention: circumventing, disabling, or interfering with any security feature, access control, authentication mechanism, or usage limitation of the Platform;
(d) Service Degradation: engaging in any activity that degrades, disrupts, or impairs the performance or availability of the Platform for any user, including but not limited to denial-of-service attacks, excessive automated requests, or resource-exhaustive operations;
(e) Automated Abuse: using bots, scripts, crawlers, scrapers, or other automated tools to access or interact with the Platform in a manner that exceeds reasonable use or the rate limits established for the Client's Subscription Plan, except through SSMS-provided APIs used in accordance with their documentation;
(f) Credential Sharing: sharing, transferring, or disclosing Authorized User credentials to any individual who is not an Authorized User, or allowing multiple individuals to use a single set of credentials;
(g) Resale or Sublicensing: reselling, sublicensing, renting, leasing, or otherwise making the Platform available to any third party as a standalone service, except as expressly permitted under the Agreement;
(h) Interference with Integrity: altering, tampering with, or corrupting any data, content, or system resource belonging to SSMS or any other tenant;
(i) Misrepresentation: impersonating any person or entity, or falsely representing the Client's affiliation with any person or entity, in connection with use of the Platform; or
(j) Facilitation: assisting, encouraging, or enabling any third party to engage in any of the activities described in this Section 4.
5.1 The Client is solely responsible for all content uploaded, submitted, stored, or distributed through the Platform under its Tenant, including content uploaded by any Authorized User.
5.2 The Client represents and warrants that:
(a) it has all necessary rights, licenses, consents, and permissions to upload, store, and distribute all Client Data through the Platform, including through Eternal Links;
(b) the Client Data does not and will not infringe, misappropriate, or violate any third-party rights;
(c) the Client Data complies with all applicable laws and regulations; and
(d) all product information and specifications uploaded to the Platform are accurate to the best of the Client's knowledge at the time of upload.
5.3 The Client shall indemnify and hold harmless SSMS from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to the Client's breach of this Section 5, as further detailed in the indemnification provisions of the ToS.
5.4 Responsibility for Users. The Client is responsible for the acts and omissions of all of its Authorized Users, and of any person who accesses the Platform through the Client's account or its Eternal Links, as if they were the Client's own. The Client shall ensure that all such persons comply with this AUP, and a violation of this AUP by any of them is deemed a violation by the Client.
6.1 The Client's use of the Platform is subject to the resource limits defined by the Client's Subscription Plan, including but not limited to:
(a) included SKU counts;
(b) monthly bandwidth allowance;
(c) storage capacity for assets; and
(d) API request volume and rate limits,
as set out in Billing Terms Section 1.1 for the applicable Subscription Plan.
6.2 If the Client's usage approaches or exceeds the limits of the applicable Subscription Plan, SSMS may:
(a) notify the Client and provide an opportunity to reduce usage or upgrade to a higher-tier Subscription Plan;
(b) throttle or temporarily restrict access to specific features or resources to protect Platform performance; or
(c) apply overage charges in accordance with the Billing Terms (incorporated by reference into the ToS).
6.3 The Client shall not intentionally circumvent or manipulate usage limits through technical means, including but not limited to creating duplicate accounts, rotating credentials to bypass rate limits, or compressing data structures to artificially reduce measured usage.
6.4 SSMS reserves the right to establish and modify fair use guidelines for storage, bandwidth, and API usage as Platform capabilities evolve. Changes to fair use guidelines are communicated in accordance with Section 11 of this AUP.
7.1 Eternal Links are designed to provide persistent, publicly accessible URLs for the distribution of Client assets to third parties, including distributors and end consumers. Eternal Links are served through globally-distributed content delivery networks (currently Bunny.net, with Amazon CloudFront as fallback — see the Data Processing Agreement's Subprocessor schedule) backed by content-addressed storage, which means identical assets uploaded by different tenants may share the same underlying storage object but remain access-controlled to each tenant's Eternal Link URL space. Tenants are responsible for the accuracy and lawfulness of all assets made accessible through their Eternal Link URLs.
7.2 The Client shall not use Eternal Links for purposes unrelated to the distribution of product information, including but not limited to:
(a) hosting general-purpose files, personal content, or non-product materials;
(b) serving content for websites, applications, or services unrelated to the Client's product catalog; or
(c) generating excessive traffic for the purpose of consuming Platform resources or conducting load testing.
7.3 The Client is solely responsible for all content served through Eternal Links and for ensuring that such content complies with this AUP, as further detailed in Section 12 of the ToS.
8.1 SSMS does not proactively monitor Client Data for compliance with this AUP. However, SSMS reserves the right to investigate potential violations when it becomes aware of them through any means, including automated system alerts, third-party reports, or regulatory inquiries.
8.2 SSMS may, in its sole discretion, review Client Data or Platform usage patterns to the extent reasonably necessary to:
(a) investigate a reported or suspected AUP violation;
(b) respond to a legal obligation, regulatory inquiry, or law enforcement request;
(c) protect the security, integrity, or availability of the Platform; or
(d) protect the rights, property, or safety of SSMS, its clients, or third parties.
8.3 Any investigation conducted under this Section 8 shall be carried out in a manner that is proportionate to the suspected violation and that minimizes unnecessary access to Client Data.
9.1 Upon determining that a violation of this AUP has occurred, SSMS shall follow the enforcement process described below, except where immediate action is required under Section 9.5.
9.2 Warning. For a first violation or a minor violation, SSMS shall issue a written notice to the Client Admin identifying the violation, the specific provision of this AUP that has been breached, and the corrective action required. The Client shall have fourteen (14) calendar days from receipt of the notice to remedy the violation.
9.3 Suspension. If the Client fails to remedy a violation within the warning period, or if the Client commits a repeated violation of the same or similar nature, SSMS may suspend the Client's access to the Platform, in whole or in part, upon written notice to the Client Admin. During a suspension:
(a) the Client's Authorized Users may be unable to access some or all Platform features;
(b) Eternal Links may be temporarily disabled;
(c) the Client's billing obligations under the ToS continue to apply; and
(d) SSMS shall provide the Client with a clear description of the conditions that must be met to restore access.
9.4 Termination. If a violation is not remedied following suspension, or if the violation is of a severity that warrants termination, SSMS may terminate the Agreement in accordance with the termination provisions of the ToS. Post-termination data handling shall be governed by Section 19 of the ToS and Section 12 of the DPA.
9.5 Immediate Action. Notwithstanding Sections 9.2 through 9.4, SSMS reserves the right to take immediate action — including content removal, account suspension, or access restriction — without prior notice if a violation:
(a) poses an imminent threat to the security, integrity, or availability of the Platform;
(b) exposes SSMS to legal liability;
(c) involves illegal activity or content; or
(d) is required by law, regulation, or a court order.
SSMS shall notify the Client Admin of any immediate action taken under this Section 9.5 as soon as reasonably practicable, including the reason for the action and any corrective steps available to the Client.
9.6 The enforcement procedures in this Section 9 do not limit any other rights or remedies available to SSMS under the Agreement or applicable law.
10.1 Any person may report a suspected violation of this AUP by contacting SSMS at abuse@smartskumanagementsystem.com.
10.2 Reports should include, to the extent available:
(a) a description of the suspected violation;
(b) the specific content or activity at issue;
(c) any relevant URLs, Eternal Links, or identifiers; and
(d) contact information for the reporting party.
10.3 SSMS shall review reports in a timely manner and take appropriate action in accordance with Section 9 of this AUP. SSMS is not obligated to disclose the outcome of any investigation to the reporting party.
11.1 SSMS may modify this AUP from time to time. Material changes shall be communicated to the Client Admin with at least thirty (30) calendar days' notice before the revised AUP takes effect.
11.2 For material changes that alter the scope of prohibited content, prohibited activities, or enforcement procedures, the Client's continued use of the Platform after the notice period constitutes acceptance of the revised AUP.
11.3 Non-material changes — including formatting corrections, clarifications that do not alter the substance of any provision, and typographical corrections — may be made without notice.
11.4 All versions of this AUP shall display the version number and effective date in the document header. A changelog of material modifications shall be maintained by SSMS.
12.1 Relationship to Terms of Service. This AUP is incorporated by reference into the ToS and forms part of the Agreement. In the event of a conflict between this AUP and the ToS, the ToS shall prevail.
12.2 Severability. If any provision of this AUP is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
12.3 Governing Law. This AUP is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, consistent with the governing law provisions of the ToS.
12.4 No Waiver. Failure by SSMS to enforce any provision of this AUP shall not constitute a waiver of SSMS's right to enforce that or any other provision in the future.
12.5 Contact. Questions regarding this AUP may be directed to SSMS at abuse@smartskumanagementsystem.com.