This Fair Use Policy applies to all users and governs the use of the MetroMap Subscription Service provided by Aerometrex Ltd (ABN: 94 153 103 925) or its related entity or authorised partner and is subject to and incorporated in the applicable agreement that you have with Aerometrex for access to such MetroMap Service. To ensure the continued availability of the MetroMap Services, we have this ‘Fair Use Policy’ to make sure it is not subject to misuse.
Impairing Use
If we believe that your use is impairing the security, performance or integrity of the MetroMap Services, or the use of the MetroMap Services by other customers or users, we may temporarily suspend, restrict or limit your use of the MetroMap Services until such impairment has been addressed. To ensure we do not unreasonably restrict our customers, we will try and contact you prior to doing so, or as soon as practicable afterwards (however this may not be possible in all circumstances).
Excessive Use
Excessive use is a continuing and unreasonably disproportionate use of the MetroMap Services when compared to other users. For example, use that is ten times the average usage of all other customers is considered excessive use. Without limiting other factors that may be measured, some examples of the sort of factors that Aerometrex considers excessive under this policy include - the number of automated feeds used, number of transactions processed whether in total, or at any one moment, amount of data downloaded including over and above a specified limitation, number of security issues held, number of API calls, and number of support calls received.
Illegal Use
If we believe you are using the MetroMap Services for any illegal purpose – either under the terms of the End User Licence Agreement or as defined by law, Aerometrex reserves the right to suspend access to the MetroMap Services or any other feature immediately, without notice to you as well as report any such illegal use to any appropriate authority where required or compelled to.
Improper Use
Aerometrex may monitor user accounts in the MetroMap Services for signs of improper use, including where accounts are being used by parties other than those permitted by the user type or others outside of the licence granted to you. Where improper use is detected, without limiting any of its other rights or remedies, Aerometrex may notify you that it will suspend your access to the MetroMap Services or other relevant features, impose additional charges based on your actual user type, and/or withdraw any favourable pricing dependent on your user type, which will take effect at the end of the reasonable notice period specified in our notice to you (Notice Period). If you do not agree with any such suspension, additional charges or withdrawal of favourable pricing (as applicable), without limiting any of Aerometrex’s rights or remedies and subject to any cancellation fees set out in the applicable agreement, you may terminate your use of the MetroMap Services prior to such suspension, additional charges or withdrawal of favourable pricing (as applicable) coming into effect at the end of the Notice Period.
Prohibited use
You may not use the MetroMap services or engage in activity that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Fair Use Policy:
Data Breach Notification Protocol
You must comply with the applicable terms of our data breach notification protocol as may be communicated by us from time to time.
Changes
Aerometrex may update this Fair Use Policy from time to time to reflect company and customer feedback or improve the MetroMap Services. Nothing in this Fair Use Policy limits any of our rights or remedies under the agreement by which you use the MetroMap Services, including any termination or suspension rights.
Remedies
Where your use of the MetroMap Services constitutes any of the prohibited uses detailed in this Fair Use Policy, Aerometrex may contact you to discuss your usage and in addition to any other rights or remedies available to Aerometrex, take such steps such as:
Contact
Aerometrex welcomes your comments regarding this Fair Use Policy. Please don’t hesitate to contact info@aerometrex.com.au should you have any queries regarding this policy.
