The Flightpath Acceptable Use Policy (AUP)

Scope

This Acceptable Use Policy ("Policy") applies to Licensee and users invited by Licensees, which may include buyers, customer, partners, employees, contractors, show producers and others with whom the Licensee has a working relationship, each in accordance with, and pursuant to, the access provisions within the License Agreement (each a "User", "you" or "your") of the software as a service solution offered by Flightpath Software Inc. ("Flightpath", "we", "us" or "our") used for managing and scaling podcast publishing and advertising businesses, and, if applicable, any associated products and services (collectively, the "Services") offered via the License Agreement entered into between Flightpath and Participant (the "Agreement"). Capitalized terms used but not defined in this Policy have the meaning set forth in the Agreement.

Capitalized terms used but not defined in this Policy have the meaning set forth in the Agreement.

Changes to Policy

Last updated: July 17, 2023

This Policy was last updated on the "Last updated" date indicated above. We reserve the right, at our sole discretion, to modify this Policy at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Policy on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this Policy at: www.flightpath.fm/.

Violations

Your violation of this Policy will be considered a material breach of the Agreement. If you breach this Policy, we may, at our sole discretion, terminate the Agreement for Cause. We may, in our sole discretion, choose to remove any prohibited materials and suspend your access to the Services at any time, for any reason or no reason in accordance with the Agreement.

Proper Use of the Services

In using the Services, you shall:

1. (a) respect the restrictions that apply to your use of the Services in this Policy and as outlined in the Agreement;
2. (b) be responsible for moderating User generated content or User activity on the Services;
3. (c) be responsible for safeguarding and maintaining the confidentiality of the login credentials to any accounts related to the Services; for any loss resulting from any unauthorized use of the account through which you access the service or access to the content on the account, including without limitation losses by other Users; and notifying us of any unauthorized use of the account;
4. (d) provide truthful, accurate and complete information during the account registration process; and
5. (e) maintain and promptly update your registration data for your account as necessary to keep it true, accurate, current and complete.

Prohibited Actions and Materials

In your use of the Services, you shall not and shall not allow any third party to:

1. (a) mislead, including the use of misleading or false names, addresses, emails addresses, or to otherwise provide or contribute any manipulated identifiers or false, inaccurate or misleading information;
2. (b) impersonate any person or entity, including, but not limited to, a Flightpath employee, or falsely state or otherwise misrepresent an affiliation with a person or entity;
3. (c) expose personal or identifying information about another person without that person’s explicit consent;
4. (d) engage in any activity that impacts the normal operation, privacy, integrity or security of another person’s property, including another person’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, or business operations;
5. (e) use the Services in a way that causes or may cause any Flightpath internet protocol addresses, domains, or customer domains to be blacklisted, or otherwise render any part of the Services unusable;
6. (f) make available any "junk mail" or "chain letter", in addition to unsolicited commercial electronic messages ("spam"), as governed by Canada’s Anti-Spam Legislation (CASL), the United States’ Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), the European Union’s Directive 2002/58/EC on Privacy and Electronic Communications (ePrivacy Directive), the European Union’s General Data Protection Regulation (GDPR), or other applicable anti-spam laws or regulations;
7. (g) disrupt the normal use of the Services with an excessive amount of requests, or engage in any activity that otherwise negatively affects other Users’ ability to use the Services;
8. (h) attempt to probe, scan or test the vulnerability of any Services or to breach the security or authentication measures of the Services without proper authorization, or attempt to gain unauthorized access to the Services or data, servers, or accounts on the Services not intended for you, including accessing the Services other than through our interface or authorized APIs;
9. (i) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party;
10. (j) display, demonstrate, reproduce, copy, rent, lease, lend, distribute, license, sublicense, assign, publish, transfer, sell or otherwise commercially exploit the Services or make the Services available to a third party (including any evaluation version of the Services) other than as contemplated in the Agreement; and
11. (k) display, store, process, transmit, share, email, or otherwise make available materials or content (including messages) to Flightpath through its platform that:
1. infringe or misappropriate a third party’s patent, trademark, trade secret, copyright or other intellectual property or proprietary rights, or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
2. in any manner violate any third-party right or any agreement between you and a third party;
3. are harmful, threatening, abusive, harassing, defamatory, pornographic or otherwise harass, degrade, intimidate or are hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, such determination to be made in Flightpath’s sole discretion;
4. are obscene, excessively profane or otherwise objectionable, such determination to be made in Flightpath’s sole discretion;
5. advocate, advance, or allow you to commit hacking, cracking, spoofing, denial of service attacks, mailbombing or phishing, such determination to be made in Flightpath’s sole discretion;
6. contain software viruses, malicious code, or any other computer code, files, scripts, agents or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used for the Services, including malware, spyware, adware, viruses, "worms", "back doors", "drop dead devices", "time bombs", "timers", "clocks", "counters", "time locks", "file injectors", "boot sector injectors" or "Trojan horses" (as such terms are commonly understood in the software industry);
7. violate, or encourage conduct that would violate, any applicable federal, provincial, territorial, local, or international laws or regulations, including any criminal laws, or any third-party rights, such as publicity or privacy rights, such determination to be made in Flightpath’s sole discretion.