GrowthLoop Generative Marketing Acceptable Use Policy

Introduction

This GrowthLoop Generative Marketing Acceptable Use Policy (this “AUP”) governs all access and use of all services offered by Flywheel Technologies Inc. d/b/a GrowthLoop (“GrowthLoop,” “we,” or “us”), in connection with third party artificial intelligence applications, tools, and foundation models (collectively, “AI”). The terms of this AUP are in addition to the GrowthLoop Terms of Service (“TOS”) available at https://www.growthloop.com/legal-segmentation-tos, the GrowthLoop privacy policy (“Privacy Policy”) available at https://www.growthloop.com/privacy, and the agreement(s) that govern a user’s use of GrowthLoop’s services from time to time. 

Existing and to-be-developed AI tools can provide powerful benefits to assist in various aspects of work, including but not limited to marketing, writing, research, analysis, and customer service. While GrowthLoop embraces new technologies which can often improve efficiency and effectiveness, it is vitally important to use AI responsibly while remaining compliant with this AUP and all applicable laws. GrowthLoop is committed to providing a safe and secure environment for its users in furtherance of responsible use of AI, and has developed this AUP so that users can experience the benefits of AI in connection with GrowthLoop while ensuring its utilization is secure and aligned with GrowthLoop’s expectations for conduct and data privacy. Any violation of this AUP will be considered a material breach of the agreement(s) governing such user’s use of GrowthLoop.

Prohibited Uses

Users may use GrowthLoop in connection with AI only for lawful purposes and in accordance with this AUP. Users may not use GrowthLoop in connection with AI to deceive end users or consumers by misrepresenting content generated through automated means as fully human generated. Users specifically agree not to use GrowthLoop for:

• Violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• Exploiting, harming, or attempting to exploit or harm, individuals in any way by exposing them to inappropriate content, or otherwise, including exploitation of minors.
• Processing any material which violates the rights of any individual or entity established in any jurisdiction.
• Generating individualized advice that in the ordinary course of business would be provided by a licensed professional, such as medical, financial, and/or legal advice, recommendations, or treatments (must be a qualified person reviewing any output).
• Developing, advertising, marketing, distributing, or selling products subject to export controls (including weapons, weapon accessories, or explosives, as enumerated by the United States Munitions List), including with any high risk uses that could result in the death or serious bodily injury of any person or in other catastrophic damage, including through warfare or the operation of critical infrastructure.
• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of GrowthLoop, or which, as determined by us, may harm the GrowthLoop or users of GrowthLoop or expose them to liability.
• Disabling, overburdening, damaging, or impairing GrowthLoop or interfering with any other party's use of GrowthLoop, including their ability to engage in real time activities through GrowthLoop.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of GrowthLoop or any server, computer, database, or other resource or element connected to GrowthLoop. 
• Violating, attempting to violate, or facilitating the violation of the security or integrity of GrowthLoop or any other product or tool.
• Otherwise attempting to interfere with the proper working of GrowthLoop.

Content Standards

Users agree not to use GrowthLoop in connection with AI to prepare, create, send, knowingly display, receive, upload, download, use, or re-use any material which:

• Contains any material that is illegal, tortious, defamatory, deceptive, manipulative, libelous, harassing, slanderous, abusive, lewd, or invasive of another’s privacy (including deepfakes and fabricated results).
• Promotes violence, misconduct, or discrimination, including predicting membership in a protected class or characteristics, such as those based on race, sex, sexual orientation, medical condition, religion, biometric identifiers, nationality, financial status, criminal convictions, age, gender, disability, sexual orientation, or age.
• Plagiarizes, infringes and/or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.

Monitoring and Enforcement

GrowthLoop, in its sole discretion, will determine whether a user’s use of GrowthLoop in connection with AI is in compliance with this AUP. We have the right to:

• Monitor your use of GrowthLoop for any purpose in our sole discretion and as we see fit.
• Take any action we deem necessary or appropriate in our sole discretion if we believe a user's conduct violates this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of GrowthLoop or the public, or could create liability for the GrowthLoop.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy (subject to our Privacy Policy).
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of GrowthLoop. 
• Terminate or suspend your access to all or part of GrowthLoop for any or no reason, including without limitation, any violation of this AUP.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses GrowthLoop. YOU WAIVE AND HOLD HARMLESS GROWTHLOOP AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GROWTHLOOP AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GROWTHLOOP OR LAW ENFORCEMENT AUTHORITIES.