Kraken Marketplace Fair Use Policy

1. Purpose

This Fair Use Policy (“Policy”) governs your use of the Kraken Marketplace made available by Kraken Technologies Limited and its affiliates (“Marketplace”) and is subject to the Marketplace Access and Use Terms and to the Terms and Conditions (as applicable, depending on whether you are accessing as a Vendor or as a Client, as defined in such terms) (together, the “Marketplace Terms”). The purpose of this Policy is to ensure that all participants use the Marketplace responsibly, securely and in a manner consistent with applicable law and Kraken’s standards of integrity, reliability, and fairness. Any capitalised terms not defined in this Policy shall have the meaning given to them in the Marketplace Terms.

2. General Principles

All participants in the Marketplace must conduct themselves in a manner that supports a secure, fair, and trustworthy ecosystem. In particular, users shall:

• Use the Marketplace for legitimate business purposes only: Access to the Marketplace is provided solely to facilitate the discovery, evaluation, purchase, and support of software and services that integrate with or complement the Kraken services and software. Users may not use the Marketplace for speculative, deceptive, or non-commercial activities, or for purposes unrelated to bona fide business transactions or professional evaluation.
• Act in good faith and with professional integrity: Users must engage honestly, courteously, and transparently with other participants, including Vendors, Clients, and Kraken personnel. Conduct that manipulates, misleads, or harms other participants (such as falsifying information, misrepresenting qualifications, or engaging in unethical solicitation) is strictly prohibited.
• Respect intellectual-property, confidentiality and privacy rights of others: Users must not upload, distribute, or make available any content, Offer, software, images, or any data that infringes upon a third-party’s intellectual-property or proprietary rights. Any confidential or personal information obtained through the Marketplace must be handled in accordance with applicable law, the Marketplace Terms, and any existing confidentiality obligations between the parties.
• Comply with all applicable laws, regulations, and contractual commitments: Marketplace participation is conditioned upon ongoing compliance with all relevant laws, including, without limitation, those relating to data protection, export control, consumer protection, anti corruption, competition, and sanctions, as well as adherence to the Marketplace Terms.
• Promote a safe and reliable ecosystem: Users should promptly report suspected vulnerabilities, misuse, or security issues to Kraken (see Section 6 below) and cooperate in good faith to remediate them. Users must not take any action that could disrupt the integrity, performance, or availability of the Marketplace or any connected systems.

3. Prohibited Conduct

The following activities are prohibited and constitute misuse of the Marketplace:

• Circumvention and Misrepresentation: Using the Marketplace to solicit, contract or transact with Clients or Vendors outside of the Marketplace in violation of Kraken’s non-circumvention provisions, or misrepresenting your identity, affiliation, or authority.
• Unauthorized Access or Interference: Attempting to access data or systems without authorization, probe, scan, or test the vulnerability of the Marketplace or related networks, or interfere with its operation, security, or availability.
• Excessive or Automated Usage: Employing bots, scrapers, or other automated systems that impose an unreasonable or disproportionate load on the Marketplace or that extract data in a manner inconsistent with normal human use.
• Misuse of Content or Data: Copying, distributing, or using content, listings, data or other information obtained from the Marketplace (including Vendor or Client data) for any purpose other than legitimate business within the Marketplace, or in violation of confidentiality or data protection laws.
• Deceptive or Unlawful Practices: Uploading or promoting any Offer or material that is fraudulent, misleading, defamatory, obscene, infringing, or otherwise illegal.
• Manipulation of Ratings or Metrics: Submitting false reviews, ratings, or usage data, or attempting to artificially influence visibility, rankings, or search results.
• Security or Privacy Violations: Introducing malware, malicious code, or unauthorized tracking; compromising the privacy or security of any user, Offer, or Client environment.

4. Usage Limits

To maintain the performance of the Kraken Marketplace and its underlying systems, Kraken may monitor and regulate overall usage patterns. This includes reviewing the frequency and volume of data access, API requests, storage utilization, and other measurable activities within the Marketplace. Kraken may, at any time and in its sole discretion, establish or modify technical or operational limits on Marketplace usage, including without limitation:

• Restrictions on the number or rate of API calls or data pulls within a defined time period;
• Caps on storage or transmission volumes;
• Limits on the frequency or duration of automated access or synchronization processes; and
• Any other parameters reasonably required to ensure equitable access and system performance.

Users must comply with such limits and any related technical safeguards (such as rate-limiting, throttling, or authentication requirements) that Kraken implements to enforce them.

Kraken may provide notice of new or modified limits through documentation, administrative interfaces, or direct communication. Users are responsible for monitoring and adhering to applicable usage parameters and for adjusting their integrations, APIs, or Offer configurations accordingly.

If Kraken determines that a Vendor or Client’s use of the Marketplace, APIs, or related services (i) materially exceeds typical usage volumes or technical thresholds; or (ii) negatively impacts platform performance, reliability, or other users’ access; Kraken may, without liability: (a) throttle or suspend the affected access; (b) require the user to reduce usage or adopt alternative configurations; or (c) assess additional fees or move the user to a higher usage tier in accordance with Kraken’s then-current pricing or policies.

5. Monitoring and Enforcement

Kraken reserves the right to monitor Marketplace activity for compliance with this Policy and the Marketplace Terms. If Kraken determines that a user has violated this Policy, Kraken may take one or more of the following actions:

• Issue a warning or request corrective action;
• Suspend or restrict access to the Marketplace or specific functionality;
• Remove or disable any Offer, listing, or content;
• Terminate participation in the Marketplace; and/or
• Pursue any other remedies available under contract or law.

6. Reporting Misuse

If you believe another user is violating this Policy, please report it to Kraken through the designated notices procedure in your contract with Kraken or at notices@krakentechnologies.ltd. Reports should include sufficient details to allow Kraken to investigate the matter appropriately.

7. Additional Terms & Updates

In addition to this Policy, by joining and using the Marketplace, you have agreed and accepted Kraken’s Cookie Notice and Privacy Notice. Kraken may modify this Policy from time to time to reflect operational, technical, legal or other regulatory or security changes. Updated versions will be posted on the Kraken website or otherwise communicated to users, and continued use of the Marketplace constitutes acceptance of the updated Policy.