Acceptable Use Policy (AUP)

XATHARI ACCEPTABLE USE POLICY (AUP)

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Effective Date: September 4, 2026

Last Revised: September 4, 2026

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THIS ACCEPTABLE USE POLICY (“AUP”) GOVERNS THE ACCESS TO AND USE OF ALL WEBSITES, SOFTWARE-AS-A-SERVICE (“SaaS”) PLATFORMS, DIGITAL SIGNAGE CONTENT MANAGEMENT SYSTEMS (“CMS”), CUSTOMER ENGAGEMENT PLATFORM (“CEP”) TOOLS, ADS PLATFORM ENGINES, HARDWARE DEVICES, AND MANAGED SERVICES OPERATED BY XATHARI, LLC (“XATHARI,” “WE,” “US,” OR “OUR”).

THIS AUP APPLIES TO ALL REGISTERED USERS, SMB CUSTOMERS, ADVERTISERS, AGENCIES, VENUE HOSTS, MEDIA CREATORS, AND THIRD-PARTY DEMAND PARTNERS (COLLECTIVELY, “USERS” OR “YOU”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO COMPLY STRICTLY WITH THIS AUP AT ALL TIMES. FAILURE TO COMPLY WITH THIS POLICY MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, REJECTION OF MEDIA CONTENT, OR TERMINATION OF YOUR CONTRACTUAL RELATIONSHIP WITH XATHARI.

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1. CORE PRINCIPLES & GOVERNING SCOPE

  • 1.1 Universal Applicability: This AUP applies universally across all media, files, text, videos, graphics, audio tracks, dynamic HTML5 widgets, programmatic ad creatives, dynamic QR codes, NFC tap destinations, UTM-enabled links, power usage sensor configurations, or API commands submitted, uploaded, scheduled, rendered, or broadcasted through Xathari infrastructure.
  • 1.2 Venue-Agnostic & Public Display Standards: Because Xathari displays and hardware nodes operate in public, commercial, and semi-private physical venues (such as retail stores, restaurants, medical offices, automotive centers, and service establishments), content displayed on Xathari screens or generated via Xathari Intelligent Signage must strictly adhere to heightened public safety, decency, and regulatory compliance standards.
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2. PROHIBITED CONTENT STANDARDS

You represent, warrant, and agree that you shall not upload, submit, post, schedule, broadcast, or link to any media, ad creative, or dynamic URL destination that contains, promotes, or facilitates any of the following Prohibited Content categories:

  • 2.1 Illegal, Harmful, or Dangerous Activities
    • Unlawful Products & Services: Content promoting, facilitating, or soliciting illegal acts, illegal drug sales, unauthorized prescription pharmaceuticals, unregistered firearms or weapons, explosives, or illegal gambling activities.
    • Explosives & Weapons: Media or ads demonstrating the manufacture, assembly, or tactical deployment of firearms, military weaponry, ammunition, or dangerous explosives.
    • Counterfeit Goods & Unauthorized Replicas: Content promoting, offering, or selling counterfeit products, fake currency, forged documents, or trademark-infringing merchandise.
  • 2.2 Sexually Explicit, Pornographic, & Adult Content
    • Explicit Media: Nudity, sexually explicit video or imagery, adult entertainment venues, escort services, pornographic material, or sexually suggestive graphic assets.
    • Minors Exposure: Any content depicting, involving, or targeting minors in a sexually explicit, dangerous, or abusive manner, including any such content that is AI-generated or digitally altered. Xathari provides a reporting mechanism for such content at [email protected], available to users and non-users alike. Upon obtaining actual knowledge of an apparent violation involving such content, Xathari will report it to the National Center for Missing & Exploited Children (NCMEC) CyberTipline as soon as reasonably possible, will preserve the reported material and related data in a secure location for one (1) year after submitting the report, and will restrict access to that material to personnel who need access to carry out reporting and preservation. Xathari may also refer the matter to law enforcement where appropriate. Nothing in this AUP creates an obligation for Xathari to monitor content or affirmatively search for violations.
  • 2.3 Hate Speech, Harassment, & Incitement to Violence
    • Hateful & Discriminatory Content: Content that promotes discrimination, hatred, disparagement, or violence against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender, or gender identity.
    • Harassment & Defamation: Media designed to harass, stalk, threaten, defame, slander, libel, or intimidate any private individual, business owner, or public figure.
    • Incitement to Violence & Extremism: Content glorifying violent acts, promoting terrorist organizations, or encouraging public disruption.
  • 2.4 Deceptive, Malicious, & Fraudulent Content
    • Malware & Malicious Payloads: Assets containing computer viruses, trojans, worms, ransomware, spyware, keyloggers, corrupted media files, or executable scripts that are capable of compromising or are designed to compromise hardware, Webflow front-ends, Xano backends, or cloud infrastructure, regardless of the uploader's intent.
    • Deceptive Practices & Scams: Deceptive "phishing" links, fraudulent financial investment schemes, "get-rich-quick" offers, fake emergency alerts, or deceptive sweepstakes.
    • False Medical & Legal Claims: Misleading health claims, unverified medical miracle cures, unauthorized financial advice, or deceptive legal representations.
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3. PROHIBITED PLATFORM & SYSTEM BEHAVIORS

Users are strictly prohibited from engaging in any behavior that disrupts, degrades, or exploits Xathari software, network bandwidth, hardware nodes, or upstream CMS/ad infrastructure:

  • 3.1 Network & Infrastructure Abuse
    • System Interference: Attempting to probe, scan, or test the vulnerability of Xathari’s platform, media player hardware, cellular modems, Xano backend endpoints, or API pipelines without explicit written authorization.
    • Distributed Denial of Service (DDoS): Initiating or participating in automated rate-limit flooding, denial-of-service attacks, or transmitting excessive volumes of automated API requests exceeding standard system throttles.
    • Upstream Infrastructure Tampering: Bypassing, probing, or exploiting security controls associated with Xathari’s upstream partners or infrastructure ecosystem, including Cloudflare, GCP, Xano, Flipnode LLC (d/b/a Yodeck) (CMS engine), adserver.online (ad server engine), Sightengine (creative moderation), IPASIS (fraud detection), Brevo, or Microsoft Entra ID.
  • 3.2 Dynamic Asset "Bait-and-Switch" & Redirect Manipulation
    • Dynamic QR / NFC / UTM Bait-and-Switch: Post-approval alteration of dynamic QR code destination URLs, NFC tap targets, HTML5 widget targets, or CEP cloud redirects to display content that differs materially from the original content approved by Xathari, or that redirects venue visitors to Prohibited Content, phishing pages, or malware downloads.
    • Malicious URL Shortening: Using unauthorized URL shortening services or multi-tiered redirect obfuscation to conceal the true destination of dynamic QR codes or screen engagement overlays.
  • 3.3 Ad Fraud, Telemetry Manipulation, & Invalid Traffic (IVT)
    • Artificial Proof of Play: Manipulating media player software clocks, spoofing API response headers, generating artificial play verification logs, or using automated scripts to fake ad impressions or screen render events within Xathari Intelligent Signage or adserver.online.
    • Sensor & Uptime Interference: Physical tampering with, disconnecting, or bypassing electrical power usage sensors, cellular data modems, or player heartbeat mechanisms used to verify screen power and SLA uptime metrics.
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4. RESTRICTED CONTENT CATEGORIES (CONDITIONAL ACCESS)

Certain categories of content are considered "Restricted" and may only be displayed on Xathari screens or through the Ads Platform under strict conditions:

  • Alcohol & Legal Cannabis: Commercial ads for alcoholic beverages or state-legal cannabis products must strictly comply with local state laws (including, for cannabis, California's advertising placement and audience-composition restrictions), require prior written approval from Xathari, and may only be scheduled in venues where public viewing is restricted strictly to legal age audiences (e.g., 21+ venues/bars).
  • Financial Products & Cryptocurrency: Advertisements for financial loans, credit cards, mortgage originators, or cryptocurrency exchanges must carry all legally required federal and state disclosures (e.g., APR rates, FDIC disclosures) and are subject to enhanced compliance verification.
  • Political & Election Advertising: Political advertisements must clearly display paid-for disclosures identifying the sponsoring political action committee (PAC) or candidate and must comply with state and federal campaign finance disclosure laws.
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5. HARDWARE & VENUE SPECIFIC PROHIBITIONS

When operating or interacting with Xathari-owned Hardware (media players, displays, floor stands, cellular modems, power usage sensors) deployed in venue environments:

  • Unauthorized Hardware Modifications: Host venue personnel shall not open sealed media player enclosures, modify internal firmware, attempt to flash custom operating systems, or attach unauthorized USB devices.
  • Physical Enclosure Protection: Host venues must maintain clean, climate-controlled operating conditions (0°C to 40°C) and shall not obscure, cover, or obstruct the digital display faces or unplug the electrical power usage monitoring sensors required to verify system uptime.
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6. MONITORING, AUDITING, & ENFORCEMENT

  • 6.1 Content Auditing & Automated Scanning: Xathari reserves the right (but assumes no legal obligation) to monitor, review, inspect, and filter Customer Content uploaded to Xathari Intelligent Signage or submitted to the Ads Platform. We employ automated ad moderation tools (Sightengine), IP fraud detection (IPASIS), virus scanning, and human review to enforce compliance.
  • 6.2 Takedown & Rejection: Xathari reserves the right, in its sole discretion and without prior notice, to reject, remove, pause, or disable access to any Customer Content, ad creative, dynamic QR/NFC link, or screen loop that violates this AUP or is deemed harmful to network security, venue relations, or public safety. Where reasonably practicable, Xathari will provide the affected User with a brief statement of the basis for the determination, unless doing so would compromise network security, venue safety, or an ongoing investigation. Such determinations are final, subject to the reconsideration process described in this Section. A User may request non-binding internal reconsideration of a rejection or takedown by submitting supporting evidence to Xathari within ten (10) business days of the determination. Xathari will review and respond within ten (10) business days of receiving the request. This reconsideration process does not suspend the underlying rejection, takedown, or any payment obligations during its pendency, and does not constitute a waiver of Xathari's rights under Section 6.3 (Suspension & Termination for Cause) or under the Master Terms of Service.
  • 6.3 Suspension & Termination for Cause: Repeated or severe violations of this AUP constitute a material breach of the Master Terms of Service. Xathari reserves the right, in its sole and absolute discretion, to immediately suspend account access, terminate active ad flights, freeze campaign balances, and terminate subscription agreements without refund or liability for violations it deems severe, including but not limited to illegal activity, security breaches, repeated non-compliance with this Policy, or conduct posing a risk to network integrity or public safety. Where reasonably practicable, Xathari will provide the affected User with a brief statement identifying the AUP provision at issue, unless doing so would compromise an ongoing investigation or platform safety.
  • 6.4 Reporting Violations: To report suspected violations of this Acceptable Use Policy, malicious dynamic QR destinations, or unauthorized screen content, please email [email protected] with the venue location, screen photo, or URL details.
  • 6.5 DMCA Copyright Policy: Xathari respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on our platform infringes your copyright, please notify our Designated Agent at [email protected]. Your notice must include: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the infringing material and its location; (iv) your contact information; (v) a statement of good faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. If your content was removed in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter-notice to the Designated Agent containing: (i) your physical or electronic signature; (ii) identification of the removed material and its location before removal; (iii) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; (iv) your name, address, and telephone number; and (v) a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if you are outside the United States, the Northern District of California) and that you will accept service of process from the person who submitted the original notice. Xathari may restore material identified in a valid counter-notice within ten (10) to fourteen (14) business days unless the original claimant notifies Xathari that it has filed a court action seeking to restrain the alleged infringement. Xathari will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.
  • 6.6 California Eraser Law: If you are a registered user of the Services, under the age of 18, and a California resident, you may request that Xathari remove content or information that you posted to the Services by contacting us at [email protected]. Please note that your request does not ensure complete or comprehensive removal of the content or information — for example, where the content has been reposted by another user or is required to be maintained by law.
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7. INCORPORATED PUBLIC POLICIES & CROSS-REFERENCES

This AUP is governed by and incorporated into Xathari's legal architecture:

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