DRAFT v0.1 — FOR ATTORNEY REVIEW ONLY. NOT LEGAL ADVICE. NOT YET EFFECTIVE.
Last updated: [EFFECTIVE DATE] · Version: 0.1-DRAFT
Drafting note to counsel: This is a first draft prepared for review and finalization by the client's own legal counsel. Bracketed items are placeholders. This Policy is intended to be incorporated by reference into, and to supplement (not replace), the Cannvas Terms of Service and Privacy Policy. Cross-references and defined terms should be reconciled against the final Terms of Service before this document is published or made effective.
1.1. This Acceptable Use Policy (this "AUP" or "Policy") governs access to and use of the software, websites, applications, application programming interfaces, and related services made available by Cannvas, LLC (d/b/a "Cannvas," "we," "us," or "our") at cannvas.app and its subdomains (collectively, the "Service").
1.2. The Service includes (a) a business-to-business dashboard for licensed cannabis operators and their personnel (the "Dashboard") and (b) one or more consumer-facing applications, including a "Where-to-Buy" feature, ratings and user-generated content features, and planned loyalty features (collectively, the "Consumer Apps").
1.3. This Policy describes conduct and content that are prohibited on or through the Service. It exists to protect the Service, our users, the public, and Cannvas, and to preserve the integrity, security, and lawful operation of the Service.
1.4. THIS POLICY IS NOT LEGAL, REGULATORY, MEDICAL, OR COMPLIANCE ADVICE. NOTHING IN THIS POLICY SHOULD BE RELIED UPON AS A REPRESENTATION THAT ANY PARTICULAR USE, PRODUCT, OR ACTIVITY IS LAWFUL. EACH USER IS SOLELY RESPONSIBLE FOR ITS OWN COMPLIANCE WITH ALL APPLICABLE LAWS.
2.1. This Policy applies to every person and entity that accesses or uses the Service in any manner, including without limitation:
Organizations, Authorized Users, and Consumers are referred to collectively as "users" or "you."
2.2. Organizations are responsible for the acts and omissions of their Authorized Users and of any person accessing the Service through their accounts or credentials, as if they were the Organization's own acts and omissions.
2.3. This Policy applies to all use of the Service, all content, data, text, reviews, ratings, images, and other materials that any user submits, uploads, posts, transmits, or makes available through the Service ("Content"), and to any recommendations, insights, scores, projections, or other machine-generated outputs made available through the Service ("AI Outputs").
3.1. Capitalized terms used but not defined in this Policy have the meanings given to them in the Cannvas Terms of Service. In this Policy: "Cannvas," "Service," "Dashboard," "Consumer Apps," "Organization"/"Org," "Authorized User," "Consumer," "Content," and "AI Outputs" have the meanings given above and are used consistently across the Cannvas Acceptable Use Policy, DMCA/Copyright Policy, and Federal Cannabis Status & Risk Notice.
4.1. You agree to use the Service only for lawful purposes, only in a manner consistent with this Policy and the Terms of Service, and only in compliance with all applicable federal, state, local, tribal, and foreign laws, rules, regulations, and licensing conditions applicable to you.
4.2. You are solely responsible for all Content you submit and for all activity conducted through your account or credentials.
You may not use, and may not permit or enable any third party to use, the Service to engage in, facilitate, or promote any of the following. The categories below are illustrative and not exhaustive; conduct not specifically listed may still violate this Policy.
CANNVAS IS AN ANCILLARY SOFTWARE PROVIDER. IT DOES NOT GROW, HANDLE, POSSESS, SELL, TRANSPORT, OR TAKE TITLE TO CANNABIS, AND THE SERVICE MUST NOT BE USED TO EFFECT ANY CANNABIS TRANSACTION OR TO FACILITATE ANY VIOLATION OF LAW. SEE THE FEDERAL CANNABIS STATUS & RISK NOTICE.
You may not submit, post, or transmit Content that:
You may not use the Service to make, publish, or disseminate any health, medical, disease-treatment, curative, diagnostic, or therapeutic claim regarding cannabis or any product, including any claim that a product diagnoses, treats, cures, mitigates, or prevents any disease or condition, or any claim that is unsubstantiated, misleading, or prohibited by applicable law or regulation (including rules of the U.S. Food and Drug Administration, the Federal Trade Commission, and applicable state regulators).
You may not:
You may not:
You may not take any action that imposes, or may impose (in our reasonable judgment), an unreasonable or disproportionately large load on the Service or its infrastructure, or that degrades, disrupts, or impairs the operation, performance, availability, or integrity of the Service for other users.
AI OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY, MAY BE INCOMPLETE, INACCURATE, OR OUT OF DATE, AND ARE NOT A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL JUDGMENT. You may not:
You remain solely responsible for independently verifying any information and for all decisions and actions you take. See also the Federal Cannabis Status & Risk Notice.
You may not access or use the Service, Content, AI Outputs, or any related data or documentation to design, develop, train, benchmark, or build a product or service that competes with the Service, or for the benefit of any competitor of Cannvas.
You may not collect, store, publish, or misuse the personal, confidential, or proprietary information of any other person without proper authorization and a lawful basis, and you must comply with all applicable privacy and data-protection laws in connection with your use of the Service.
6.1. If you become aware of any actual or suspected violation of this Policy, or of any Content or conduct that you believe is unlawful, harmful, or otherwise objectionable, please report it to [email protected] with sufficient detail to allow us to investigate.
6.2. Reports of alleged copyright infringement should instead be submitted in accordance with the Cannvas DMCA/Copyright Policy to [email protected].
6.3. We appreciate reports but are not obligated to respond to, investigate, or act on any particular report, and any action or inaction is in our sole discretion.
7.1. Investigation. We may (but are not obligated to) investigate any actual or suspected violation of this Policy. In connection with any investigation, we may review, preserve, and, where appropriate, disclose Content, account information, and usage data, subject to applicable law and our Privacy Policy.
7.2. Remedial actions. We reserve the right, in our sole discretion and with or without notice, to take any one or more of the following actions in response to any actual or suspected violation, or as otherwise necessary to protect the Service, our users, third parties, or Cannvas:
7.3. Reporting to authorities. We may report activity that we reasonably believe to be unlawful, and may cooperate with, and disclose information to, law enforcement authorities, regulators, and other governmental or third parties, in each case as we deem appropriate or as required by law or legal process.
7.4. No obligation to monitor. We have no obligation to monitor Content, AI Outputs, or use of the Service, but we reserve the right to do so.
7.5. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANNVAS WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY ACTION TAKEN OR NOT TAKEN, OR FOR ANY REMOVAL, SUSPENSION, TERMINATION, DISCLOSURE, OR OTHER MEASURE, IN CONNECTION WITH THE INVESTIGATION OR ENFORCEMENT OF THIS POLICY OR ANY SUSPECTED VIOLATION.
8.1. The rights and remedies set out in this Policy are in addition to, and not in lieu of, all other rights and remedies available to Cannvas under the Terms of Service, at law, or in equity, all of which are expressly reserved.
8.2. Our failure to enforce any provision of this Policy in any instance is not a waiver of our right to do so in any other instance.
9.1. We may modify this Policy from time to time. Changes are effective when posted or as otherwise stated in the notice of change. Your continued use of the Service after changes take effect constitutes acceptance of the revised Policy.
10.1. This Policy is governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, except to the extent superseded by applicable federal law.
10.2. Questions about this Policy may be directed to [email protected] or to Cannvas, LLC at [NOTICE ADDRESS]. Abuse reports should be sent to [email protected].