Fair Use Policy
This Fair Use Policy ("Policy") is incorporated by reference into the Terms and Conditions available at https://www.allegrow.co/terms-and-conditions, pursuant to Section 3.3 thereof.
1. DEFINITIONS
1.1 Services has the meaning given to it in the Terms and Conditions.
1.2 Direct Software, "we", "us", or "our" means Direct Software Limited (registration number SC586179) doing business as "Allegrow", and any of its subsidiaries with which you contract, including Allegrow, Inc.
1.3 Premium Plan means the paid subscription package described at https://www.allegrow.co/plans and/or in your signed Order Form.
1.4 Scale Plus Plan means the paid subscription package described at https://www.allegrow.co/plans and/or in your signed Order Form.
1.5 Unlimited Functionality means any feature or service provided as part of the Services without explicit numerical limitations, including but not limited to contact verification and Safety Net validations.
1.6 User has the meaning given to it in the Terms and Conditions.
1.7 All other capitalized terms not defined herein shall have the meanings given to them in the Terms and Conditions.
2. APPLICABILITY
2.1 This Policy regulates your use of the Services and applies specifically to subscribers of the Premium Plan, Scale Plus Plan, and any other packages offered by Direct Software that include Unlimited Functionality.
2.2 Your use of the Services constitutes your acceptance of this Policy.
2.3 This Policy constitutes a legally binding agreement between you and Direct Software.
3. PURPOSE
3.1 The purpose of this Policy is to ensure that all Users have fair and equal access to the Services, while preventing abuse or misuse of the Services.
3.2 This Policy establishes usage thresholds and restrictions designed to maintain service quality and commercial viability for all Users.
4. MODIFICATIONS
4.1 Direct Software reserves the right to modify this Policy at any time in its sole discretion.
4.2 Direct Software will provide notice of material changes to this Policy through the Services or by other reasonable means.
4.3 Your continued use of the Services following such notification constitutes acceptance of the modified Policy.
4.4 If you do not agree to the modified Policy, your sole and exclusive remedy is to discontinue use of the Services.
5. FAIR USE REQUIREMENTS
5.1 You must make fair and reasonable use of the Services, even if you have subscribed to a plan that includes Unlimited Functionality.
5.2 Direct Software, in its sole discretion, shall determine whether your use of the Services constitutes unreasonable use.
5.3 Unreasonable use includes, without limitation:
(a) Use in breach of any applicable law or regulation, including those relating to privacy, data protection, or anti-spam measures;
(b) Use that interferes with other Users' access to or enjoyment of the Services;
(c) Use that causes significant congestion or reduces Direct Software's ability to provide the Services;
(d) Use that attempts to bypass or manipulate usage restrictions;
(e) Use that exceeds what is reasonably necessary for your legitimate business needs;
(f) Use that constitutes abnormal or excessive use compared to average usage patterns;
(g) Use that results in the distribution of restricted or disallowed content; or
(h) Reselling, redistributing, or sharing access to the Services or system outputs.
5.4 You shall not engage in activities that may harm the Services, including but not limited to:
(a) Using automated scripts, bots, or other software to access or interact with the Services, except through officially supported APIs;
(b) Attempting to gain unauthorized access to the Services or related systems;
(c) Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure;
(d) Introducing any viruses, worms, defects, Trojan horses, or other items of a destructive nature to the Services; or
(e) Attempting to decompile, reverse engineer, disassemble or hack the Services.
(f) Guessing email contacts rather than sourcing them reputably.
5.5 You shall not use the Services for:
(a) Verification of email addresses intended for high-volume, automated bulk electronic communications or from systems and mailboxes that are not connected to the platform;
(b) Harassing, threatening, or abusing other users or third parties;
(c) Transmission of messages which do not fully comply with any local privacy or anti-spam law to recipients; or
(d) Any purpose that may negatively impact the reputation of Direct Software.
6. SERVICE USAGE THRESHOLDS
6.1 Minimum Guaranteed Thresholds: Users on the Premium Plan are expected to be able to upload 500,000 contact verifications per month, and users on the Scale Plus Plan are guaranteed to be able to upload or request analysis on 800,000 contacts for risk analysis per month. Usage within these thresholds will never be considered a breach of this Policy unless other terms of this Agreement are violated.
6.2 Expected Usage: These Services are designed for regular business operations with natural usage patterns. Expected usage includes periodic fluctuations in volume, business-hour concentrated activity, and occasional spikes related to business cycles. Usage consistently at high capacity throughout all hours, multiple reuploads of historical data over short periods, a constant high volume of uploads, large numbers of contacts at the same domain being uploaded, files with unusual amounts of data and usual characters or unusually large files being uploaded may fall outside expected patterns.
6.3 Excessive Usage: Usage may be deemed excessive when it (a) substantially exceeds typical average usage patterns for your subscription tier, (b) appears designed to run analysis on contacts that you do not plan on contacting through mailboxes you have connected to Allegrow, or (c) negatively impacts service performance for other users. Direct Software will provide specific metrics of concern before taking any adverse action.
6.4 Direct Software reserves the right to modify these thresholds upon reasonable notice to Users.
6.5 Direct Software may impose additional limitations on request rates, concurrent connections, or other aspects of the Services to ensure system stability and equitable access for all Users.
6.6 Custom Requirements. Direct Software continuously monitors system usage patterns to ensure optimal service delivery for all Users. If your usage consistently exceeds typical usage, or if your usage pattern differs significantly from standard usage patterns, Direct Software may, at its discretion: (a) Propose a custom usage plan tailored to your specific needs with corresponding adjusted pricing; (b) Suggest migration to a higher-tier service package with additional functionality; (c) Offer dedicated server resources or specialized processing capacity at additional cost; or (d) Implement custom rate limiting or processing schedules designed to balance your needs with overall system performance.
Direct Software will provide such proposals to you in writing, including any applicable pricing adjustments. You will have thirty (30) days from receipt of such proposal to either accept the proposed changes, reduce your usage to standard levels, or terminate your subscription. If you continue to maintain exceptional usage patterns after this period without accepting the proposed custom plan, Direct Software reserves the right to apply appropriate technical measures pursuant to Section 7.6 to ensure system stability and service quality for all Users.
7. MONITORING AND ENFORCEMENT
7.1 Direct Software is not obligated to monitor your compliance with this Policy but may take steps to detect and prevent unreasonable use.
7.2 Direct Software may implement enhanced usage controls, additional rate limiting, or other technical measures to enforce this Policy.
7.3 If you (i) believe the Services have been restricted in error, (ii) require a temporary increase in usage thresholds, or (iii) anticipate a significant spike in your usage of the Services, you should contact Direct Software as soon as reasonably practicable. For anticipated usage spikes, providing advance notice allows Direct Software to evaluate your needs and potentially make appropriate accommodations or mutually agree on an adjustment to your package to minimize service disruptions. Direct Software will review such requests on a case-by-case basis and may, offer solutions or adjustments at its sole discretion.
7.4 Direct Software may, in its sole discretion, grant exceptions to the thresholds established in Section 6 on a case-by-case basis where legitimate business needs justify such exceptions.
7.5 Direct Software may monitor aggregate usage patterns and system performance metrics to ensure the overall health of the Services.
7.6 Notwithstanding any other provision in this Policy, Direct Software reserves the right to modify User functionality, impose limits, adjust service parameters, or implement other technical measures without prior notice, in its sole discretion, when such actions are necessary to maintain overall system stability, service reliability, or to prevent degradation of the Services for other Users. Direct Software will make reasonable efforts to restore full functionality once the reliability concerns have been addressed.
8. BREACH AND REMEDIES
8.1 If you breach this Policy, Direct Software may take remedial action as set forth herein or as required by applicable law, regulatory authority, or court order.
8.2 Where reasonable and permitted by law, Direct Software will notify you of any breach using your registered contact information.
8.3 For minor breaches, Direct Software may request that you modify your use of the Services to comply with this Policy.
8.4 For material breaches, or breaches that remain uncorrected after notice, Direct Software may, without liability:
(a) Issue a warning regarding the consequences of further breaches;
(b) Suspend or limit your access to all or part of the Services;
(c) Terminate your Agreement without offering a pro-rata refund of prepaid fees;
(d) Exercise any other rights or remedies available under the Terms and Conditions;
(e) Implement technical mechanisms to prevent policy-breaching behavior;
(f) Report conduct to relevant law enforcement or regulatory agencies; and/or
(g) Take any other action deemed necessary, including pursuing recovery of costs and expenses incurred as a result of your breach.
9. GENERAL PROVISIONS
9.1 Severability. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be either modified to the minimum extent necessary to make it valid and enforceable or severed from this Policy, and the remaining provisions shall continue in full force and effect.
9.2 Entire Agreement. This Policy, together with the Terms and Conditions and any Order Form, constitutes the entire agreement between you and Direct Software regarding your use of the Services.
9.3 No Waiver. Direct Software's failure to enforce any provision of this Policy shall not constitute a waiver of that or any other provision.
