Acceptable Use Policy

You will not use our Services, or permit, promote, aid or abet them to be used, to directly or indirectly transmit inappropriate or objectionable content or content that:

1. is unsolicited (see further below). You must obtain all required consents under applicable law and provide legally adequate opt-out functionality for any marketing or associated activities you undertake using our Services; 

2. is racist, obscene, offensive, tortious, libelous, defamatory, discriminatory (including on grounds based on race, sex, religion, nationality, disability, sexual orientation, age, marital or family status, or membership of protected communities under applicable law) or pornographic; 

3. is harmful, harassing, threatening, exploitative or abusive including hate speech or any communications that originate from a hate group; 

4. encourages violence, harm, discrimination or illegal, unethical or immoral actions or could endanger or pose a threat to public safety; 

5. is false, misleading, inaccurate, fraudulent or criminal in nature; or

6. is malicious, including content that is or contains malware or viruses or is designed to intentionally evade filters or to advocate or perpetuate hacking or cracking.

Without limiting or affecting the foregoing, you are responsible for ensuring that:

1. you do not use our Services to circumvent our or, as applicable, an electronic communications provider’s spam or unsolicited message detection and prevention mechanisms;   

2. you do not misrepresent yourself when sending messages over our Services including by means of spoofing the sender ID, disguising, falsifying or manipulating the origin, transmission path or subject matter of messages or the originating address or otherwise attempting to send misleading messages to end-users in respect to your true nature; and

3. you and your end users do not use the Services to promote or enable the transmission of or access to any prohibited content or communications described in this Section.

You must be able to provide proof that you have in place measures to ensure compliance with these requirements.

Without limiting or affecting the general provisions above, the following paragraphs address important specific issues:

1. Fraud 

You may not use the Services to participate or assist in any way in fraudulent, criminal, illegal, deceptive or harmful activities, directly or indirectly. 

2. Spam and restricted content

You agree to comply with consent and data processing obligations according to applicable laws, including:

1. using only permission-based marketing lists and/or, as required by applicable law, getting opt-in or another valid form of consent from each message recipient before initiating any communication to them; 

2. having a working “unsubscribe” mechanism in place in the message recipient’s local language that allows the recipient to opt out from Customer mailing list(s), except to the extent certain transactional messages are exempt from “unsubscribe” requirements of applicable law; 

3. maintaining, publishing, and complying with a privacy policy that meets applicable legal requirements and making that privacy policy available to message recipients to the extent required by applicable law; and

4. not contacting message recipients on do-not-call or do-not-disturb registries.

You may not use the Services to send, store, or process (as applicable):

1. unsolicited bulk messages or messages that are otherwise considered to be junk messages.  Some examples of such messages include affiliate marketing, lead generation, penny stocks, credit repair, illegal gambling, multi-level marketing, pyramid schemes, prostitution, direct to consumer pharmaceutical sales, payday loans, and chain letters;

2. messages to: 

   1. addresses obtained from purchased or rented recipient lists that do not comply with applicable law; 

   2. recipient contact information programmatically generated or scraped from the Internet; or

   3. role-based or non-specific recipient contact information (e.g., webmaster@domain.com or info@domain.com) on a routine basis.

3. highly sensitive information, which includes: 

   1. social security numbers, passport numbers, military numbers, voter numbers, driver’s license numbers, taxpayer numbers, or other government identification numbers; 

   2. Protected Health Information (as defined by HIPAA), or similar information under other comparable laws or regulations; 

   3. financial account numbers (including credit or debit card numbers, primary account numbers, bank account numbers, related security codes or passwords, or similar information); or 

   4. “special classes of data” (as defined by the General Data Protection Regulation) of EU residents, or similar information under other comparable laws or regulations; provided, however this restriction does not apply to your use of the Push Notifications API Services.

Where applicable to your Services, you agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your campaign(s) and a sample message. If you fail to provide evidence of confirmation that your recipients have opted-in for receiving these messages within twenty-four (24) hours from the time of our request, we reserve the right to suspend or deactivate your account.