Fair Usage Policy

1. Introduction

This Fair Usage Policy ("FUP") forms part of the MyDisguise On-Premises Software and Services terms and conditions ("Terms") between you and Disguise Technologies Limited, including our affiliates and subsidiaries ("Disguise", "we", "us", or "our"). It applies to your access to and use of the MyDisguise platform ("MyDisguise") and the Services we make available to you through it (the "Platform"). Capitalised terms used in this FUP that are not defined here have the meaning given to them in the Terms.

The Platform is provided for genuine, individual or organisational production, collaboration, and project work consistent with your subscription plan and the Terms ("Legitimate Use"). This FUP exists to keep the Platform stable, secure, and fairly accessible to everyone using it, and to describe, as clearly as we reasonably can, the kinds of usage that fall outside Legitimate Use.

Where anything in this FUP conflicts with the Terms, the Terms will take precedence unless this FUP expressly says otherwise. We may update this FUP from time to time, in the same way and subject to the same notice requirements as changes to the Terms, as set out at condition 15 of Section A. Where a change would materially reduce your rights under a paid subscription plan, we will give you reasonable advance notice where practicable.

2. Scope of Application

This FUP applies to everyone using the Platform, across every subscription plan, including the Starter Plan, free trials and all paid subscription plans. It applies to every Authorised User (as defined at condition 2.1 of Section C of the Terms) accessing an Account, and to all use of our APIs, Platform features, and related cloud infrastructure, regardless of who is doing the accessing or on whose behalf.

3. Commercial Use and Subscription Plans

What you are allowed to do with the Platform depends on your subscription plan.

The Starter Plan, described at condition 9.1.2 of Section C of the Terms, and any free trial or other free of charge plan we make available from time to time, is provided for evaluation, testing and internal familiarisation with the Platform only, and not for use on live or commercial productions, for client work, or for any other revenue generating activity. Where you are a consumer, it is provided for your own domestic and private use only, consistent with condition 18.2 of Section A of the Terms. If you use the Starter Plan or any other free plan for business operations, to generate commercial revenue, or for resale, that is a material breach of this FUP and of the Terms.

Paid subscription plans permit commercial use, but that use still has to sit within Legitimate Use and within the licence granted to you at condition 7 of Section C of the Terms to use the Platform for your internal business operations.

4. Fair Use Principle

You need to use the Platform in a way that is reasonable, proportionate, and lawful. We may determine, acting reasonably, that a particular pattern of use falls outside Legitimate Use where it materially affects system performance, stability, or availability for other users, places a disproportionate load on our infrastructure, involves automated, synthetic, or otherwise abusive usage patterns, or is designed to get around usage limits or pricing structures that would otherwise apply.

5. What Is Not Legitimate Use

The following is a non-exhaustive list of practices that we would not consider Legitimate Use. It is meant to give you a practical sense of what we are looking for, not an exhaustive rulebook, and we may take other unusual, unlawful, or abnormal activity into account in making a determination.

Sharing a single Account or User Subscription (as defined at condition 2.1.1 of Section C of the Terms) across multiple individuals, whether through shared login credentials, a proxy or intermediary service, or any other means, other than as expressly permitted for Authorised Users under the Terms at conditions 2.1 and 7 of Section C.
Using the Starter Plan, or any other free or trial plan we make available, to support commercial productions, client work, or any other revenue generating activity.

Running automated scripts, bots, or scheduled jobs against the Platform or its APIs in a way designed to simulate multiple individual users, or to get around per Account or per User Subscription limits.

Reselling, sublicensing, or otherwise making the Platform available to any third party who has not purchased their own User Subscription, including offering the Platform as a managed or white label service.

Usage patterns that are materially inconsistent with ordinary production or project work, for example, sustained or near continuous automated API activity maintained around the clock rather than usage that tracks actual project activity.

6. Usage Limits

Unless we have agreed otherwise in writing, your use of the Platform must remain reasonable and proportionate for your subscription plan. Paid plans carry higher or broader allowances than the Starter Plan, reflecting the commercial use they support.

Fair usage limits may apply to the type, duration and volume of your use, including API activity, data storage, concurrent sessions, Authorised Users and collaborative sessions. These limits protect against abuse and keep the Platform stable and available to all users. We may set or adjust specific limits from time to time, whether through your order confirmation, the Platform itself or other written notice, and any such limit takes precedence over the general position above. Where your use is excessive, we may restrict or temporarily suspend your access in line with Section 7.

7. Excessive Usage and Technical Controls

Usage may be considered excessive where it involves sustained activity materially above what is expected for your subscription plan, or an integration pattern that creates avoidable strain on our systems when a more efficient approach was reasonably available to you.

To protect the integrity of the Platform, we may put technical controls in place, or change them, at any time. These can include rate limiting and concurrency restrictions, payload size restrictions and bandwidth or storage caps, and request queuing or prioritisation. Where reasonably practicable, we will give you reasonable notice of any change that is likely to affect your use of the Platform, except where immediate action is reasonably necessary to prevent service degradation, security risks or other material harm to the Platform or other users, in which case we may make such amendments without prior notice.   

8. Prohibited and Unreasonable Use

This FUP sits alongside, and does not replace, the use restrictions already set out at condition 2.3 of Section C of the Terms. In addition to those restrictions, and unless a separate written agreement says otherwise, such as an enterprise plan agreed under condition 9.1.1 of Section C, you must not use the Platform to resell, sublicense, or offer it as a managed white label service, to operate a competing or substantially similar cloud service, or to carry out load testing, benchmarking, or scraping without our prior written consent.

9. Monitoring and Enforcement

We monitor usage across the Platform, including request volumes, system load, and resource consumption, to check for compliance with this FUP. This is separate from, and without prejudice to, our audit rights at conditions 2.1.4 and 2.1.5 of Section C of the Terms. If we identify a breach, we may take one or more of the following steps, depending on how serious or repeated it is: issue a warning and ask you to take corrective action or confirm your use is Legitimate Use; apply restrictions such as throttling, rate limiting, or a temporary suspension; require you to cease usage until you move to a paid subscription plan that properly supports your level of usage, or to purchase additional User Subscriptions under condition 3 of Section C; recover any underpayment for User Subscriptions in accordance with condition 2.1.5 of Section C; or terminate your Account and our contract with you in line with condition 11 of Section A of the Terms, for severe or repeated breaches.

We will always try to act proportionately, starting with the least disruptive step that reasonably addresses the issue, before moving to anything more serious. Where a breach is severe, for example, clear resale of access or use that puts the security of the Platform at risk, we may act more quickly, including immediate suspension, but we will still tell you what we have found and why.