Acceptable Use Policy

1.     Purpose and Application

1.1.    This Acceptable Use Policy (AUP) applies to your access to and use of the pharmAgent platform and related services (the Service).

1.2.    Where no separate written agreement governs your access to the Service, this AUP forms part of the pharmAgent Terms of Use.

1.3.    Where a Customer has entered into a separate written agreement with pharmAgent that expressly incorporates this AUP, this AUP forms part of that agreement.

1.4.    If there is any inconsistency between this AUP and a separate written agreement, the order of precedence stated in that agreement will apply. If no order of precedence is stated, the separate written agreement will prevail.

1.5.    Authorised Users must comply with this AUP as a condition of accessing and using the Service.

1.6.    In this AUP:

1.6.1. Authorised User means an individual who has been granted access to the Service by pharmAgent or by a Customer;

1.6.2. Customer means an organisation that has entered into an agreement with pharmAgent or through which an Authorised User receives access to the Service;

1.6.3. Insights means information, analysis, indicators, alerts, scores, potential opportunities and other outputs generated, identified or presented through the Service and

1.6.4. pharmAgent Data means the data, information, content, insights and outputs made available through the Service, excluding information supplied by a Customer or Authorised User.

2.     Permitted Use

2.1.    The Service may be used by a Customer and its Authorised Users for legitimate internal business purposes in accordance with the Terms of Use or other applicable agreement between pharmAgent and the Customer.

2.2.    Normal use of the Service, including dashboards, searches, Insights, alerts, artificial intelligence functionality, downloads and exports made available through the Service, is permitted subject to this AUP.

3.     Exports and Downloads

3.1.    Export and download functionality is provided for the Customer’s reasonable internal business use only.

3.2.    pharmAgent may apply reasonable technical, volume, frequency or other operational limits to exports and downloads where necessary to protect the Service, pharmAgent Data and pharmAgent’s underlying datasets and intellectual property.

3.3.    Authorised Users must not use exports or downloads, whether individually or through repeated, systematic, automated or bulk activity, to:

3.3.1. Reproduce, reconstruct or create a substitute for all or a substantial part of pharmAgent Data, its underlying datasets or the Service;

3.3.2. Systematically extract information beyond the Customer’s reasonable internal business use;

3.3.3. Create or maintain a competing database, dataset, product or service; or

3.3.4. Circumvent any export, download or technical controls applied by pharmAgent.

4.     Automated Access

4.1.    Authorised Users must not access or interact with the Service using automated scripts, bots, crawlers, scraping tools, automated agents or other automated means except through functionality, APIs or other access methods expressly made available or approved by pharmAgent.

4.2.    Authorised Users must not attempt to circumvent rate limits, access controls or other technical measures designed to manage use of the Service.

5.     Artificial Intelligence Functionality

5.1.    Where the Service provides artificial intelligence or AI-assisted functionality, that functionality is provided for the Customer’s reasonable internal business use only.

5.2.    pharmAgent may apply reasonable usage, rate, concurrency or other technical limits to AI functionality where necessary to:

5.2.1. Maintain the performance and availability of the Service;

5.2.2. Manage disproportionate usage or third-party technology costs;

5.2.3. Protect the Service and other customers from activity that materially affects shared resources; or

5.2.4. Prevent automated, abusive or otherwise unreasonable use.

5.3.    Where a Customer has requirements materially beyond the normal usage supported by the Service, pharmAgent may discuss alternative usage arrangements or additional services with the Customer.

6.     Prohibited Use

6.1.    Authorised Users must not use the Service to:

6.1.1. Sell, resell, sublicense, distribute or otherwise make the Service available to third parties except as expressly permitted under the Terms of Use or the Customer’s agreement with pharmAgent;

6.1.2. Access, use or attempt to access another customer’s data or account;

6.1.3. Compromise or attempt to compromise the security, integrity or availability of the Service;

6.1.4. Introduce malicious code, malware or other harmful material;

6.1.5. Reverse engineer, decompile or attempt to discover proprietary models, algorithms, methodologies or underlying technology;

6.1.6. Systematically extract, scrape, harvest or reconstruct pharmAgent Data or its underlying datasets;

6.1.7. Use pharmAgent Data or Insights to develop, train or materially assist a competing product, database, dataset or artificial intelligence model;

6.1.8. Share access credentials with unauthorised persons or otherwise circumvent applicable user or access controls;

6.1.9. Circumvent technical, security, usage, export or artificial intelligence controls;

6.1.10.    Use the Service in violation of applicable law; or

6.1.11.    Use the Service in a manner that materially interferes with its operation or use by other customers.

7.     Managing Unreasonable Use

7.1.    Where pharmAgent identifies use that materially exceeds reasonable use, adversely affects the Service, creates a security risk or circumvents this AUP, pharmAgent may take reasonable steps to manage that use.

7.2.    Where reasonably practicable, pharmAgent will first contact the Customer and seek to resolve the issue. Depending on the circumstances, pharmAgent may apply technical or usage limits, restrict the affected functionality or suspend the relevant access where necessary to protect the Service.

7.3.    Where any use threatens the integrity or availability of the Service, involves unlawful activity, unauthorised access or interference, or involves the introduction of malicious code, pharmAgent reserves the right to suspend access without prior notice.

7.4.    Nothing in this AUP limits any suspension or other rights available to pharmAgent under the Terms of Use or other applicable agreement between the Customer and pharmAgent.

8.     Changes to this Policy

8.1.    pharmAgent may update this AUP from time to time to reflect changes to the Service, technology, security requirements, usage patterns or reasonable operational requirements.

8.2.    The current version of this AUP will be published on pharmAgent’s website.

8.3.    Changes to this AUP will not materially alter a Customer’s core contractual rights under the Terms of Use or other applicable agreement between the Customer and pharmAgent.