Acceptable Use Policy

Last update 29 July 2021

This Acceptable Use Policy (“AUP”) describes the rules that apply to any party using any Iterable products and services. The AUP is incorporated by reference in your agreement with Iterable (whether Terms of Service or other). You understand that you are responsible for any of your users’ compliance with this AUP. The examples described in this AUP are not exhaustive. Inquiries regarding this policy should be directed to abuse@iterable.com.

No Abuse

You may not use Iterable’s Services to engage in, foster or promote illegal, abusive or irresponsible behaviour, including:

• any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws, digital harm laws and laws relating to unsolicited commercial electronic messages or wireless communications;
• collecting or using information, including email addresses, screen names or other identifiers, by deceit (such as, phishing, internet scamming, password robbery, spidering and harvesting);
• unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network;
• monitoring data or traffic on any network or system without the express authorisation of the owner of the system or network;
• introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
• distributing software that covertly gathers or transmits information about a user;
• any conduct that is likely to result in retaliation against Iterable or its employees;
• any action which directly or indirectly results in any of our IP space being listed on any abuse database;
• conducting any gambling or lottery activity in violation of any required licences, codes of practice or necessary technical standards required under the laws or regulations of any applicable jurisdiction;
• any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Iterable; or
• any conduct that generates multiple direct abuse complaints for any sustained amount of time.

Anti-Spam Policy

You agree that your use of the Services is subject to Iterable’s Anti-Spam Policy and those terms are incorporated here by reference.

Without limiting the application of any other provisions of this AUP or the Anti-Spam Policy, with respect to any of the Services’ features or functionality, you may not:

• use the Services to verify the email address(es) of any person who has not directly and affirmatively consented (i.e. opted in) to receiving email communications from you;
• use the Services to validate email addresses that were purchased, rented or similarly obtained from a third party (i.e. third-party email lists);
• use the Services to harvest email addresses or otherwise determine the existence of unknown email addresses; or
• use the Services to send any electronic mail message or wireless communications to any person who has opted out or otherwise objected to receiving such messages from you or anyone acting on your behalf.

Compliance with Laws and Regulations

You must comply with the laws and regulations applicable to email or wireless communication in your jurisdiction and jurisdiction in which the recipient is located. In addition to complying with such laws and regulations, you agree that the following shall be included in your electronic communications through the Services:

• you must be the sole or designated “sender” of any email message you send using the Services;
• the “from” line of any email message sent will accurately and in a non-deceptive manner identify you or your organisation, product or its services and you must not obscure the source of your emails;
• the “subject” line of any email message sent will not contain any deceptive or misleading content regarding the overall subject matter of the email message;
• every email message sent for marketing purposes using the Services must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list, and link to your then-current privacy policy, such link to remain operational for a period of 30 days after the date the message is sent;
• in the event “unsubscribe” is selected, you must be clear with the user/individual as to the details of the unsubscribe and in the event you cannot or do not provide a detailed preference centre, you must unsubscribe them from all channels and projects;
• you must have a privacy policy posted for each domain associated with the mailing;
• you must post an email address for complaints in a conspicuous place, you must promptly respond to messages sent to that address and you must have the means to track anonymous complaints;
• your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure; and
• you must honour revocations of consent and notify recipients of the same.

You must comply with the laws and regulations applicable to messages – whether SMS, MMS or chat – in your jurisdiction and the jurisdiction in which the recipient is located. In addition to complying with such laws and regulations, you agree that the following shall be applicable to your messages sent through the Services:

• you have received proper and all necessary consent to be able to send a message to a recipient, you must make it clear to the individual that they are agreeing to receive messages of the type you’re going to send, you need to keep a record of the consent (e.g. form signed, message signed, timestamp of completed sign-up flow);
• you understand that consent applies only to you and the specific use, project or channel that the recipient has consented to – you can’t treat consent as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.
• you must respect the message recipient’s preferences in terms of frequency of contact;
• every message you send must clearly identify you as the sender;
• messages must include the ability to opt out and recipients must also have the ability to revoke consent at any time by replying with a standard opt-out keyword;
• you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located; and
• you must also ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards.

These policies apply to any messages (email, wireless communication, SMS, MMS etc.) sent using the Services, or, if applicable, to any messages sent from any network by you or any person on your behalf either directly or indirectly via the Services. These requirements apply to distribution lists created by third parties to the same extent as if you created the list. You need to be able to provide proof that you have measures in place to ensure compliance with these restrictions.

Use Guidelines

Your use of Iterable Services is subject to the following:

• you will not use the Services to send unsolicited electronic or wireless communications (“spam”);
• you will not use the Services to host content, including images and documents, which infringes on the intellectual property rights of others or otherwise includes any obscene or libellous material or other material that violates any applicable law or regulation;
• you will import, access or otherwise use only lists for which all listed parties have legally consented to receive correspondence from you in connection with your use of the Services;
• you will not use the Services to send any commercial electronic mail messages or any wireless communications to any person who has opted out or otherwise objected to receiving such messages from you or another sender acting on your behalf;
• you will not use the Services to provide, sell or offer to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programmes; instructions on how to assemble or otherwise make bombs, grenades or other weapons;
• you will not use Services to display or market material that exploits children, or otherwise exploits children under 18 years of age and you will not post or disclose any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor);
• you will not market to third-party voter registration lists; and
• you will not sell or promote any products or services that are unlawful in the location at which the content is posted or received.

No Offensive Content or Materials

You may not publish, transmit or store on or via the Services any content or links to any content that Iterable reasonably believes:

• publishes, transmits or stores any content or links to any content that is violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting liquidating retirement funds or other accounts, “hot stocks”, “get rich quick”, “build your wealth” and “financial independence” offerings;
• engages in any libellous, defamatory, scandalous, threatening or harassing activity;
• provides material that is grossly offensive, abusive, bigoted, prejudiced, racist, hateful, profane, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;
• constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
• provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner; or
• is otherwise malicious, fraudulent, deceptive, misleading or morally repugnant.

No High-Risk Use

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage.

No Vulnerability Scanning and no Excessive Use

You may not attempt to probe, scan, penetrate or test the vulnerability of Iterable systems, networks or Services, or to breach Iterable security or authentication measures, whether by passive or intrusive techniques. You may not use any shared system provided by Iterable in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Export Controls

The Services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by persons, organisations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling or use of nuclear, chemical or biological weapons, weapons of mass destruction or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

Third-Party Conduct

You are responsible for violations of this AUP by anyone using the Services on your behalf or on an unauthorised basis as a result of your failure to use reasonable security precautions. You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Services applies even if a breach is committed unintentionally or without your authorisation, including through a Trojan horse or virus.

Changes to AUP

Digital, electronic and wireless communication as well as privacy requirements are still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP.

Consequences of Violation of AUP

When a violation of this AUP is identified, where possible, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to freely use the Services for legitimate purposes, we reserve the right to suspend or terminate your use of the Service(s) in the event you breach the AUP. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP. To the extent credit is applicable for interruptions of service, no credit will be available for interruptions of service resulting from any AUP violation.