Bytely — Acceptable Use Policy

DRAFT — Pending legal review. This document has been prepared for review and is not a substitute for advice from a qualified Ontario lawyer. Do not publish until reviewed.

Effective Date: [TO BE SET ON PUBLICATION] Last Updated: [TO BE SET ON PUBLICATION] Version: 1.0

This Acceptable Use Policy (the "AUP") governs your use of the file-transfer service available at https://app.bytely.xyz and any successor or related domains (the "Service", marketed as "Bytely"), operated by 2410945 ONTARIO INC., an Ontario corporation having a registered office at 7 Grand Avenue South Unit 109, PMB 160 Cambridge, Ontario, Canada N1S 2L3 (the "Company", "we", "our", or "us").

This AUP is incorporated into and forms part of the Terms of Service. Capitalized terms not defined here have the meaning given in the Terms of Service. Violation of this AUP is a material breach of the Terms of Service and will result in immediate enforcement action under Section 4 below, without prior notice.

1. Your Responsibility

1.1 You are responsible for everything you upload, transmit, share, or cause to be shared through the Service, including the conduct of any Recipient to whom you grant access. The Company does not pre-screen, monitor, or review User Content and takes no responsibility for it.

1.2 You are responsible for the lawfulness of your use of the Service in (a) Canada, (b) your country of residence, (c) any country in which you transmit data through the Service, and (d) any country in which a Recipient is located.

1.3 You must not use the Service to do anything you could not lawfully do offline.

2. Prohibited Content

You must not upload, store, share, transmit, link to, or otherwise make available through the Service any content that:

2.1 Child sexual abuse material (CSAM). Depicts, describes, promotes, or facilitates the sexual exploitation or abuse of minors, including any "child pornography" within the meaning of the Criminal Code (Canada) and equivalent law in any other jurisdiction. Zero tolerance. Reported to the National Center for Missing & Exploited Children (NCMEC), the RCMP, and any other competent authority as required by law.

2.2 Non-consensual intimate imagery (NCII). Depicts a person in a state of nudity or engaged in sexual activity without that person's consent to the distribution, including so-called "revenge porn" and intimate deepfakes.

2.3 Terrorism, violent extremism, and incitement. Promotes, glorifies, plans, facilitates, finances, or recruits for any act of terrorism, violent extremism, genocide, or mass violence; depicts the commission of such acts other than for legitimate journalistic, educational, or documentary purposes; or violates any anti-terrorism law or sanctions program.

2.4 Hate speech and harassment. Promotes, incites, or threatens violence, hatred, or discrimination against an identifiable group on the basis of race, national or ethnic origin, colour, religion, sex, age, sexual orientation, gender identity or expression, disability, or any other ground protected under the Canadian Human Rights Act or comparable legislation; or harasses, stalks, threatens, intimidates, or doxxes any individual.

2.5 Malware, exploits, and offensive security tooling. Constitutes, contains, distributes, or facilitates the distribution of viruses, worms, trojans, ransomware, spyware, rootkits, keyloggers, cryptominers, botnet software, exploit kits, "stresser/booter" tools, or any other software designed to cause harm to a computer system, exfiltrate data, gain unauthorized access, or disrupt service. Possessing such tools for legitimate, authorized defensive or research purposes is permitted only where lawful and where the Service is not used as a distribution channel.

2.6 Stolen, leaked, or unlawfully obtained material. Includes credentials, personal data, financial data, government-issued identifiers, intellectual property, trade secrets, source code, or other material obtained through theft, unauthorized access, breach of contract, or breach of confidence.

2.7 Intellectual-property infringement. Infringes any copyright, trademark, patent, trade secret, moral right, right of publicity, or other proprietary right of any person, including unlicensed copies of software, films, music, books, games, or media; or circumvents technical protection measures.

2.8 Counterfeit and fraud. Constitutes or facilitates counterfeit goods, fake identification, forged credentials, fake invoices, business-email-compromise material, advance-fee fraud, "pig butchering" investment fraud, or any other deceptive scheme.

2.9 Illegal drugs, weapons, and regulated goods. Promotes, facilitates, or coordinates the sale, supply, or transfer of controlled substances, prescription medication outside a lawful supply chain, firearms or firearm components in violation of applicable law, explosives, ammunition, weapons of mass destruction, regulated chemicals or precursors, or other goods the trade in which is restricted in any applicable jurisdiction.

2.10 Illegal pornography. Includes, in addition to CSAM, any pornographic material that is unlawful in any jurisdiction relevant to its upload, storage, or transmission, including bestiality, depictions involving non-consenting persons, and material that violates obscenity law in the user's or Recipient's jurisdiction.

2.11 Defamation and false statements. Is defamatory, libellous, slanderous, or knowingly false and damaging to the reputation of any person.

2.12 Privacy violations. Discloses personal information of a third party in violation of applicable privacy law (including PIPEDA, GDPR, UK GDPR, CCPA/CPRA, and Quebec Law 25), without lawful basis or required consent.

2.13 Sanctioned-party material. Is destined for, originates from, or otherwise involves any individual, entity, or jurisdiction subject to economic sanctions administered by Canada (Global Affairs Canada / SEMA / Justice for Victims of Corrupt Foreign Officials Act), the United States (OFAC), the United Kingdom (OFSI), the European Union, or the United Nations.

2.14 Otherwise unlawful content. Violates any applicable law, regulation, court order, or governmental directive, in any jurisdiction relevant to the upload, storage, transmission, or receipt of the content.

3. Prohibited Conduct

You must not use the Service to:

3.1 Spam. Send, transmit, or facilitate unsolicited bulk communications, "share-link spam", phishing campaigns, or any communication in violation of CASL (Canada), CAN-SPAM (US), GDPR e-marketing rules (EU/UK), or comparable law.

3.2 Phish or harvest credentials. Operate, host, or distribute phishing pages, credential-harvesting forms, fake login portals, or social-engineering material; impersonate any person or organization for the purpose of deceiving a Recipient.

3.3 Evade limits, abuse the free tier, or commit fraud against the Service. Circumvent rate limits, storage caps, transfer caps, geographic restrictions, account requirements, or paid-plan limits; create multiple accounts to evade limits or bans; provide false information at signup; chargeback or reverse legitimate payments; or engage in any other fraud against the Company, our payment processors, or our infrastructure providers.

3.4 Abuse our infrastructure. Use the Service as a content-delivery network, video-hosting platform, public file host, software-update channel, backup service, archival store, public mirror, or static-asset host. The Service is for point-to-point file transfer, not public hosting.

3.5 Resell or repackage. Resell, sublicense, white-label, or otherwise commercially redistribute the Service to third parties without the Company's prior written consent, including operating a competing service on top of our infrastructure.

3.6 Reverse-engineer or interfere. Reverse-engineer, decompile, or disassemble the Service except to the extent expressly permitted by applicable law; interfere with, disrupt, or impose an unreasonable load on the Service or any related infrastructure; bypass any access control, authentication, or security mechanism.

3.7 Test our security without authorization. Conduct any vulnerability scan, penetration test, fuzzing, brute-force attempt, denial-of-service test, or other security testing against the Service without our prior written authorization. Authorized researchers may contact support@bytely.xyz. Submitting reports through this channel does not entitle you to any reward unless we have a published bug-bounty program at the time of submission.

3.8 Scrape or automate abusively. Use bots, scrapers, or automation to extract data from the Service, enumerate package identifiers, brute-force passwords, or otherwise access the Service in a manner inconsistent with its intended use. API use must comply with documented rate limits.

3.9 Use the Service from prohibited regions. Access or use the Service from any jurisdiction other than those listed in Section 1.3 of the Terms of Service (Canada, United States, Mexico, Japan, United Kingdom, European Union, EFTA states), or attempt to evade geographic restrictions through VPNs, proxies, or other circumvention.

3.10 Coordinate or facilitate any of the above. Aid, abet, conspire with, or fund any other person to engage in conduct prohibited by this AUP.

4. Enforcement

4.1 No-warning policy. The Company reserves the right, in its sole and absolute discretion and without prior notice, to take any one or more of the following actions in response to actual or suspected violation of this AUP:

(a) immediately suspend or terminate your account and any related or associated accounts;

(b) immediately delete any User Content stored in the Service that is the subject of, or related to, the violation, including all copies, backups, and shared links;

(d) block your IP address, network, autonomous system, payment instrument, device fingerprint, or email domain from future access;

(e) report the violation, your identity, your account data, and the offending content to law-enforcement authorities, regulatory bodies, payment processors, infrastructure providers, and other affected parties, where required, permitted, or in our reasonable judgment appropriate;

(f) preserve evidence (including User Content, account data, IP and device data, and payment data) and disclose it pursuant to lawful process or to protect the rights, safety, or property of the Company, our Users, or any third party;

(g) pursue any civil remedy available in law or equity, including injunctive relief, damages, indemnification under Section 9 of the Terms of Service, and recovery of legal fees and costs.

4.2 Mandatory reporting. The Company will report apparent CSAM, child exploitation, and credible threats of imminent violence to NCMEC, the RCMP, the FBI, INTERPOL, or other competent authorities as required by law and on a voluntary basis where we deem it appropriate. You waive any objection to such reporting and any associated preservation or disclosure of your data.

4.3 No refund. Termination, suspension, or content deletion under this Section 4 does not entitle you to any refund or credit.

4.4 Cumulative remedies. The remedies set out in this AUP are cumulative and in addition to any other remedies available to the Company under the Terms of Service, the Privacy Policy, applicable law, or equity.

4.5 No duty to monitor. Nothing in this AUP creates a duty on the Company to monitor User Content or User conduct, and the Company's failure to act in any particular case is not a waiver of any right under this AUP, the Terms of Service, or applicable law.

5. Reporting Abuse

5.1 How to report. If you believe that User Content or conduct on the Service violates this AUP, please report it to support@bytely.xyz with the following information:

(a) a description of the content or conduct;

(b) the share link, package identifier, or account information at issue (if known);

(d) where applicable, a statement of your good-faith belief and the legal basis for the report (for example, claim of copyright infringement, identification of the affected person for NCII reports, or jurisdictional basis for an unlawful-content report).

5.2 *Copyright (DMCA / Copyright Act Canada). Notices alleging copyright infringement must be sent to support@bytely.xyz and must include the elements required by the United States Digital Millennium Copyright Act (17 U.S.C. § 512(c)) and/or section 41.25 of the Copyright Act* (Canada), as applicable. We may, in our discretion, forward valid notices to the alleged infringer and remove or disable access to the material at issue. We may terminate the accounts of repeat infringers.

5.3 Cooperation. Where we receive a credible report of a violation, we may take any of the actions described in Section 4 without prior notice to the User in question. We are not obliged to share the substance or source of any report with the User.

6. Changes to This AUP

We may amend this AUP at any time. If we make a material change, we will give notice through the Service or by email at least thirty (30) days before the change takes effect, except where the change is required immediately for legal, regulatory, or security reasons. Your continued use of the Service after the effective date constitutes acceptance.

7. Contact

Reports, questions, and notices regarding this AUP should be sent to support@bytely.xyz.

2410945 ONTARIO INC. 7 Grand Avenue South Unit 109, PMB 160 Cambridge, Ontario, Canada N1S 2L3 Province of Ontario, Canada