This Fair Use Policy applies to all users and governs the use of all services provided by Aerometrex Ltd (ABN: 94 153 103 925) (Services) 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 Services. To ensure the continued availability of the Services, we have this Fair Use Policy to make sure the Services are not subject to misuse. For the avoidance of any doubt, Services has the same meaning as the one given in the applicable agreement you have with Aerometrex.

1. Impairing Use: If we believe that your use is impairing the security, performance or integrity of the Services, or the use of the Services by other customers or users, we may temporarily suspend, restrict or limit your use of the 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).
2. Excessive Use: Excessive use is a continuing and unreasonably disproportionate use of the Services when compared to other users. For example, without limiting the way in which excessive used is assessed, 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, volume, concurrency and frequency of API calls, and number of support calls received. Excessive use will be assessed by Aerometrex depending on the circumstances of the use in question.
3. Illegal Use: If we believe you are using the 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 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.
4. Improper Use: Aerometrex may monitor user accounts in the 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 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 Services prior to such suspension, additional charges or withdrawal of favourable pricing (as applicable) coming into effect at the end of the Notice Period.
5. Prohibited use: You may not use the 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:
   1. Phishing or engaging in identity theft.
   2. Distributing computer viruses, worms, Trojan horses, or other malicious code.
   3. Distributing pornography or adult-related content or offering any escort services.
   4. Promoting or facilitating violence or terrorist activities.
   5. Infringing the intellectual property or other proprietary rights of others.
   6. Any other act that we would reasonably believe to be prohibited.
6. 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.
7. Changes: Aerometrex may update this Fair Use Policy from time to time to reflect company and customer feedback or improve the Services. Nothing in this Fair Use Policy limits any of our rights or remedies under the agreement by which you use the Services, including any termination or suspension rights.
8. Remedies: Where your use of the 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:
   1. Restrict your use or access of and to the Services.
   2. Immediately terminate or suspend your access to the Services.
   3. Charge you for any appropriate and applicable fees.
9. 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.