Acceptable Use Policy

This TrackVia Acceptable Use Policy (this “Acceptable Use Policy”) applies to all Customers and Users of the TrackVia Platform and Services and supplements and forms part of the TrackVia General Terms and Conditions, available at https://trackvia.com/general-terms/, (“General Terms”) or other written agreement between TrackVia, Inc. (“TrackVia”) and Customer (together with any Order Form(s), the “Agreement”). To the extent of any conflict between this Acceptable Use Policy and the Agreement, this Acceptable Use Policy shall control. Capitalized terms used herein but not defined herein will have the respective meanings given to such terms in the General Terms.

1. Proper Use

Customer shall, and shall ensure that all Users, comply with this Acceptable Use Policy and the Agreement. TrackVia may deny Customer or any User use of or access to the Platform, Services, or AI Feature as may be required by TrackVia to effectuate its rights and obligations under or otherwise enforce this Acceptable Use Policy or the Agreement. TrackVia shall use commercially reasonable efforts to give Customer advance notice of any denial of such use or access, if practicable. TrackVia shall not be responsible or liable for any use of or access to the Platform, Services or AI Feature by Customer or any User that violates the terms of this Acceptable Use Policy.

When using the Platform, Customer has the ability to develop, modify, support, manage, and publish Applications on the Platform and provide its Users access to and use of such Applications and their components, including through the use of Integrations connected with third-party services or platforms. Customer, and not TrackVia, is solely responsible for the legality, compliance, and suitability of all Applications and third-party services or platforms, and shall ensure that its and its Users’ development, modification, support, management, publication, and provision of access to, and use of, Applications and any related components comply at all times with applicable law, this Acceptable Use Policy, and the Agreement. Customer shall ensure that: (a) all disclosures, notices, or privacy policies necessary or appropriate for its Applications or use of the Platform and Services have been made available or provided to relevant individuals; and (b) it has obtained all necessary consents, authorizations, or permissions necessary or appropriate in connection with its Applications or use of the Platform or Services.

2. Restrictions

2.1General Restrictions. Customer shall not, and shall not permit any User or any third party to, use or encourage, promote, facilitate, or instruct others to use, the Platform, Services, or AI Feature for any illegal, harmful, or offensive use, or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive. Without limiting the foregoing, Customer understands, acknowledges, and agrees that Customer shall not, and Customer shall not permit any User to:

(a)Violate Applicable Laws. Use the Platform, Services, or AI Feature for purposes of violating any applicable local, state, provincial, national, or international law, treaty, or regulation, or any order of a court.

(b)Distribute Malicious Code. Distribute any virus, time bomb, trap door, malware, Trojan horse, spyware, worm, or other harmful, disruptive, or malicious computer code, mechanism, or program.

(c)Engage in Deceptive Practices. Engage in deceptive practices such as phishing, pharming, fraud, forgery, or misappropriation of funds, credit cards, or personal information.

(d)Infringe Intellectual Property Rights. Infringe or violate the rights of any other party, including without limitation any intellectual property rights, including copyright laws, trade secrets, trademarks, or rights of privacy or publicity.

(e)Harm Minors. Harm minors in any way or use the Platform, Services, or AI Feature to collect, process, or store personal data pertaining to minors in violation of applicable laws, rules, and regulations.

(f)Impersonate Others. Deliberately mislead anyone as to Customer’s or User’s identity, impersonate another person or entity (including, but not limited to, TrackVia personnel), or falsely identify the source of any information, or falsely state or otherwise misrepresent Customer’s or User’s affiliation with a person or entity.

(g)Obscure Notices. Cover or obscure any notice, legend, warning, or banner contained in the Platform, Services, AI Feature, or remove TrackVia’s or its licensors’ legends and notices.

(h)Circumvent Security Features. Interfere with or circumvent any security feature of the Platform, Services, AI Feature or any feature that restricts or enforces limitations on use of or access to the Platform or Services, including: (i) hacking, cracking into, or otherwise using the non-public areas of the Platform, Services, or AI Feature or any other system without authorization; (ii) unauthorized probes, port scans for vulnerabilities, penetration tests, or traffic that circumvents authentication systems; (iii) unauthorized network monitoring or packet capture; (iv) forged or non-standard protocol headers, such as altering source addresses; or (v) operating network services such as open proxies, open mail relays, or open, recursive domain name servers.

(i)Competitive Purposes. Develop or build a competitive product or service, or reverse engineer, decompile, adapt, modify, or attempt to reconstruct or discover any source code or algorithms of the Platform, Services, or AI Feature, or any portion thereof, by any means whatsoever.

(j)Distribute Offensive or Harmful Materials. Make available any content or engage in conduct that:

(i)is unlawful, tortious, defamatory, vulgar, obscene, libelous, pornographic, indecent, or racially, ethnically, or otherwise objectionable;

(ii)violates, or encourages any conduct that would violate, any applicable law or would give rise to civil liability;

(iii)promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

(iv)is violent, threatening, harassing, abusive, slanderous, hateful, or promotes violence or actions that are threatening to any other person, or causes embarrassment to any other person as determined by TrackVia in its sole discretion; or

(v)promotes illegal or harmful activities, including gambling.

(k)Interfere with Service. Use the Platform, Services, or AI Features in a manner that interferes with any other party’s ability to use and enjoy the Platform, Services, or AI Features, that interferes with TrackVia’s or its service partners’ ability to provide the Platform, Services, or AI Features, or that otherwise may create legal liability for TrackVia or its service partners in TrackVia’s sole discretion, including: (i) flooding; (ii) Denial of Service (DoS) attacks of any kind; or (iii) making network connections to any users, hosts, or networks unless Customer has permission to communicate with them.

(l)Export Violations. Export, re-export, or transfer restricted software, algorithms, or other data in violation of applicable export control laws.

(m)Stalking or Harassment. Stalk or otherwise harass any person or entity.

(n)Terrorism and Illegal Violence. Support, finance, promote, solicit, or otherwise assist any terrorist activity, violent extremism, or any person or organization designated as a terrorist or sanctioned entity under applicable law, including OFAC sanctions lists or foreign equivalents.

2.2Deletion of Content. TrackVia, in its sole discretion, may delete or remove any content used in connection with the Platform, Services, or AI Features that violates the terms of this Acceptable Use Policy.

3. Restrictions Relating to AI Features

3.1High-Risk Use Cases Prohibited. TrackVia strictly prohibits High-Risk Use Cases on the Platform. “High-Risk Use Cases” means any development, deployment, operation, or use of the AI Features, or an Application that incorporates the AI Features or any artificial intelligence or automated processing technology, that: (a) makes, guides, assists, or materially influences a decision producing legal or similarly significant effects concerning an individual, including in connection with employment, education, housing, financial services, insurance, healthcare, or essential public or private services, or otherwise constitutes “automated decision-making technology” “automated employment decision tools,” or similar term under applicable laws or regulations; (b) constitutes a high-risk use under Article 6 or Annex III of the EU AI Act; (c) constitutes a prohibited practice under Article 5 of the EU AI Act; or (d) is otherwise classified as prohibited under applicable law. A use may constitute a High-Risk Use Case regardless of whether a human makes or reviews the ultimate decision. High-Risk Use Cases include using AI Features or incorporating other artificial intelligence or automated processing technology into an Application that is used for making, guiding, assisting, or materially influencing a decision that is reasonably likely to produce, legal or similarly significant effects concerning an individual, including a decision relating to the individual’s access to, eligibility for, selection for, or the terms, conditions, pricing, compensation, or provision of:

(a)employment, independent contracting, or another work opportunity, including recruitment, advertising or allocation of work opportunities, hiring, promotion, compensation, scheduling, task allocation, performance evaluation, discipline, or termination;

(b)education, admissions, enrollment, assessment, placement, or vocational training;

(c)housing or lodging;

(d)credit, lending, banking, payment, or other financial services;

(e)insurance, underwriting, coverage, pricing, claims, or benefits;

(f)healthcare, diagnosis, treatment, or other health-related services;

(g)essential private services, essential government services, or public assistance or benefits; or

(h)access to, or the exercise of, a legal right or legally protected interest.

3.2Disclosures and Consents. Customer will make all disclosures and obtain all consents required by applicable law in connection with its use of the AI Feature, including any use through an Application. This includes disclosing to individuals that they are interacting with an artificial intelligence system where required, and disclosing that content is synthetic or artificially generated where required.

4. Suspension and Termination

TrackVia may suspend or terminate Customer’s or any User’s access to and use of the Platform, Services, or AI Feature, in accordance with the Agreement, if Customer or any User violates any provision of this Acceptable Use Policy or the Agreement.

5. Changes to This Acceptable Use Policy

This Acceptable Use Policy is subject to occasional revision at the sole discretion of TrackVia. TrackVia will take reasonable steps to notify Customer of any material changes or modifications to this Acceptable Use Policy by way of prominent notice on TrackVia’s website or by email, but Customer agrees to review the TrackVia website periodically to be aware of any changes or modifications to this Acceptable Use Policy. If Customer does not agree to the changes in this Acceptable Use Policy, Customer must discontinue use of the Platform, Services, or AI Feature. Customer’s continued use of the Platform, Services, or AI Feature shall be deemed Customer’s conclusive acceptance of any such changes or modifications to this Acceptable Use Policy.