Fivetran Acceptable Use Policy

·Use of the Fivetran Product and Professional Services is subject to this Acceptable Use Policy (this "AUP"). Unless otherwise indicated, capitalized terms used but not defined herein have the meanings ascribed to them in the applicable agreements between Customer and Fivetran governing Customer's use of the Fivetran Product and Professional Services (the "Agreement"), or if not defined in the Agreement, in the Master Subscription Agreement located at https://www.fivetran.com/legal (or such successor URL as may be designated by Fivetran) (the "Website").

11. Use Restrictions

·The Customer shall use the Fivetran Product and Professional Services in accordance with the Agreement, the Documentation and this AUP. Customer will not, and will not allow, permit, or assist any User or third party to, directly or indirectly:

·(a) Use the Fivetran Product or Professional Services in any way that violates applicable law or regulation (including, but not limited to, data protection laws), the intellectual property or privacy rights of third parties, or that constitutes fraudulent, deceptive or similarly objectionable activities.

·(b) Use the Fivetran Product or Professional Services in any way that could cause material harm to Fivetran or others, or impair or otherwise interfere with another customer's authorized use of the Fivetran Product or Professional Services including, but not limited to:

·(i) Posting, uploading, forwarding, or otherwise transmitting any file or software code that contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of any Fivetran Product;

·(ii) Attempting to probe, scan or test the vulnerability of any Fivetran Product, breaching the security or authentication measures of any Fivetran Product without proper authorization from Fivetran or willfully rendering any part of a Fivetran Product unusable; or

·(iii) Using or configuring the Fivetran Product to circumvent any restrictions or requirements under the Agreement or this AUP.

·(c) Use the Fivetran Product or Professional Services in a way that violates Fivetran's intellectual property rights or otherwise competes with Fivetran including, but not limited to:

·(i) Reverse engineering, decompiling, disassembling, modifying, creating derivative works of, deriving or otherwise attempting to discover the source code underlying any Fivetran Product;

·(ii) Using or accessing any Fivetran Product or Professional Services to develop a product or service that is competitive with any Fivetran Product, engaging in competitive analysis or benchmarking (other than for Customer's internal comparison purposes), or publicly disseminating performance information or analysis regarding any Fivetran Product or Professional Services; or

·(iii) Removing any proprietary notices or labels on any Fivetran Product or deliverables provided by Fivetran in connection with the Professional Services.

·(d) With respect to On-Prem Software:

·(i) Translating or localizing any On-Prem Software;

·(ii) Redistributing, encumbering, selling, renting, leasing, sublicensing, displaying, publishing, disclosing or otherwise transferring rights to any On-Prem Software, in whole or in part, to any third party; or

·(iii) Allowing any third party (other than contractors that are Users) to access or use the On-Prem Software.

·(e) With respect to AI Features:

·(i) Use AI Features or any AI Content to build, train, or improve any artificial intelligence or machine learning models, or to aid in developing, training, re-training, fine-tuning, testing, improving, or enhancing products or services that compete with the Fivetran Products or the AI Features;

·(ii) Use AI Features to make decisions that have legal or similarly significant effects (e.g., employment, credit, healthcare decisions) without appropriate human oversight and review; or

·(iii) Represent the Output of any AI Features as being approved or vetted by Fivetran.

22. Violations

·Customer will promptly report any violations of this AUP to Fivetran Legal (legal@fivetran.com) and provide cooperation, as requested by Fivetran, to investigate and/or remedy such violation. In the event of any violation of this AUP by Customer, Fivetran shall be entitled to exercise any rights or remedies under the Agreement, in equity or at law.

33. General Terms

·Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and this AUP, this AUP shall govern. This AUP may be updated by Fivetran from time to time upon reasonable notice, which may be provided through the Fivetran Product or by publishing an updated version of this AUP on the Website. If Fivetran does make updates, Fivetran will update the effective date at the top of this AUP. By using the Fivetran Product or accessing the Website, you agree to the latest version of this AUP.