Acceptable Use Policy

PLEASE READ THIS ACCEPTABLE USE POLICY (THE “AUP”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT DELIVRA.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES.

This AUP (as modified from time to time by Delivra, Inc. in its sole discretion) is a legal agreement between You (“Customer”, “You”, “Your”) and Delivra, Inc. (“Delivra”, “Company”, “We”, “Us”, “Our”) and defines the terms and conditions under which You are allowed to use the Services (as defined below). This AUP incorporates by reference the Terms of Service Agreement located at delivra.com/terms-of-service (the “Agreement”, as modified from time to time by Delivra, Inc. in its sole discretion) and takes effect as soon as You begin using the Services (the “Effective Date”). By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance terms of this AUP and if You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity’s behalf.

In order to use the Services, You must:

  • be at least eighteen (18) years old;
  • complete the registration process;
  • agree to this Acceptable Use Policy; and
  • provide true, complete, and up to date contact information to Delivra.

By using the Services, You represent and warrant that You meet all the requirements listed above. Delivra may refuse to provide the Services, suspend or close Your account, and change eligibility requirements at any time. If You have any questions, feel free to send an email to support@delivra.com.

 

 

SECTION 1. DEFINITIONS.  

In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined above shall have the meaning ascribed in the Agreement.

  1. “Admin User” means an individual designated by Customer within the Customer’s Account that has “Full” administrative permissions.
  2. “Law(s)” means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state, or local governmental authority, including where applicable, the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”). Where relevant to the Customer’s or User’s obligations, when assessing “applicability”, Customer and User shall take into account the Governing Law relating to both the jurisdiction where User is using the Services and the jurisdiction where the Contact resides.
  3. “Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
  4. “User” means any person accessing and/or using the Subscription Service through Customer’s Account.

 

SECTION 2. CUSTOMER AND USER OBLIGATIONS.

  1. Customer agrees to, and where applicable, shall ensure that Customers’ Users agree to:
    1. designate at least one Admin User who is authorized to act on behalf of Customer and its Users;
    2. keep contact information for the Admin User updated and promptly respond to queries from Delivra sent to the Admin User’s email address;
    3. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Delivra promptly of any such unauthorized access or use;
    4. be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
    5. use the Services in compliance with Laws, this AUP, and the Anti-Spam Policy available at delivra.com/anti-spam-policy.
  2. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer and its Users shall not, and shall not permit any Users or third parties to, directly or indirectly:
    1. host images or content on Delivra servers or through Delivra’s Services for any purpose other than for the sending of email campaigns;
    2. send or transfer any message through the Services that is greater than 300 Kilobytes or use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
    3. upload or provide any social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information (collectively, “Sensitive PII”) to the Services or use the Services to collect, transfer, or store any Sensitive PII; or
    4. use the Services to store or transmit material in violation of any third party rights, including Intellectual Property Rights and privacy rights.
  3. Privacy, Cookies & Tracking Technologies. Customer understands and acknowledges that the Privacy Notice located at delivra.com/privacy-policy/(the “Privacy Notice”) explains how Delivra handles data processed by and through the Services. Customer hereby acknowledges and agrees that Delivra will handle data in accordance with the Privacy Notice. Customer agrees to adopt, maintain, and post a privacy notice that: 1) takes into account the data processing activities described in the Privacy Notice that are applicable to Customer’s Contacts and Users; and 2) complies with all requirements imposed by Laws (particularly as such notice relates to notice, consent, and disclosure in connection with the collection, sharing, and use of any Contact’s and User’s information using the Services). In addition, Customer and its Users acknowledge that the Services employ the use of cookies and similar tracking technologies (“Cookies”), as further described in Delivra’s Cookie Notice located at delivra.com/cookie-policy/. Accordingly, Customer represents and warrants that each Contact and User is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies and/or other information on the Contact’s and/or User’s device where such activity occurs in connection. Customer and its Users shall promptly notify Delivra if they are unable to comply with the above obligations.

 

SECTION 3. SMS TERMS

  1. Consent. Customer shall use SMS Services only to send SMS messages to mobile subscribers (“Subscribers”) that have consented in accordance with law to receive such messages and that have not opted out from receipt of such messages.  Customer agrees that it will provide verification of consent by any subscriber or other party receiving SMS messages via the SMS Services to Company upon Company’s request. If Customer fails to provide verification of consent, Company reserves the right to suspend the SMS Services until Customer provides such verification. If Customer fails to provide verification within thirty days of suspension, Company reserves the right to terminate Customer’s access to the SMS Services without refund. Except for Usage-based Fees, termination pursuant to the foregoing shall not alleviate Customer’s obligation to pay fees for the full Order Term.
  2. Restriction on use of SMS Services. Customer agrees that it may not, and may not encourage or allow any Users to, use the SMS Services in the following prohibited ways:
    1. Unless otherwise agreed by Company in writing, Customer shall not to transfer, resell, lease, license or otherwise make available our Services to third parties or offer them on a standalone basis.
    2. If Customer has purchased a short code, then Customer will not change its use of that short code from the use stated in Customer’s application to the carrier for approval of the short code without first obtaining an amendment to Customer’s application or re-applying to the carrier for approval of the short code under the new use.
    3. Use the SMS Services to access or allow access to Emergency Services.
    4. Use the SMS Services in any manner that materially violates the: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) carrier guidelines and usage requirements.
    5. Use the SMS Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
    6. Use the SMS Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
  3. Customer Content. Customer shall be solely responsible for any content submitted to Company and/or transmitted through the SMS Services and delivered to Subscribers and will ensure that such Customer Content and Custom Works are not inappropriate for the Subscribers: do not otherwise violate any applicable laws, rules, and regulations; are not subject to any cause of action for defamation or invasion of privacy; and are in compliance with this AUP, and the Agreement. Customer shall obtain and maintain all Intellectual Property Rights necessary to transmit any Customer Content and/or Custom Works to its Subscribers.  Company assumes no liability for any Customer Content, any Custom Works approved by Customer, or any SMS messages transmitted by Customer in violation of applicable law.
  4. Compliance
    1. Carrier Requirements.Customer acknowledges that transmission of SMS messages is subject to terms and conditions set by the carriers and other parties that serve Subscribers and by third party intermediaries that provide connections to the parties that serve Subscribers (collectively “Carrier Requirements”), and that the Carrier Requirements are subject to change. Company may amend the terms and conditions of this SMS Services Addendum at any time to conform to Carrier Requirements by written notice to Customer.  Customer agrees to comply with any Carrier Requirements. Customer acknowledges and agrees that each carrier reserves the right to suspend SMS Services for any Customer and/or User at any time.
    2. Compliance with Laws. SMS Services are subject to various legal compliance requirements depending on the nature of Company’s text messaging campaign, the location from where Company is sending text messages, and the location of SMS recipients. Customer agrees to comply with all applicable laws and industry standards related to its use of the SMS Services, including without limitation, laws and standards which require specific information be included wherever the short code or long code is advertised, or where individuals are invited to sign up for short code or long code messages. Company should consult with its legal counsel to ensure that its text messaging campaign conforms to all applicable legal compliance requirements.
  5. Privacy and Disclosure of Customer Communications.
    1. In addition to any obligations under this AUP and the Agreement, Customer warrants that it will comply with all applicable privacy requirements concerning communications using the SMS Service between (i) Customer and (ii) its Subscribers and other users of its services, including without limitation Customer’s privacy policy, to the extent such policy places greater limitations on use of subscriber data than applicable law.
    2. Company shall have the right to disclose communications between (i) Customer and (ii) its Subscribers and other users of its services to the extent required by law, including without limitation as required by legal process or court order.  Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement.

 

SECTION 4. RESTRICTIONS ON ACCESS.

Customer and its Users may not access the Subscription Services if they are a direct competitor of Delivra, except with our prior written consent. In addition, Customer and its Users may not access the Delivra Software for purposes of monitoring the availability, performance or functionality; build a competitive product or service; copy any features, functions or graphics of the Services; or for any other benchmarking or competitive purposes.

 

SECTION 5. RESTRICTIONS ON USE.

Except where the following restrictions are prohibited by Law, Customer and its Users shall not, and shall not permit any Users or third parties to, directly or indirectly:

  1. send or forward personal mail through the Services;
  2. send emails to individuals under the age of 13;
  3. send mail created using the Services through another service;
  4. copy, modify, distribute, translate, or create derivative works of the Services or any part of the Services;
  5. except as expressly permitted in writing by Delivra, sell, resell, rent, or lease the Services or any part of the Services;
  6. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services;
  7. remove trademark, logo, copyright, or other proprietary notices or labels from the Services or any Software;
  8. delete, bulk unsubscribe, or otherwise alter or modify Contact Lists in order to evade billing thresholds;
  9. use the Services to store or transmit Malicious Code;
  10. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
  11. hack, violate, attempt to violate, attempt to gain unauthorized access to the Services or their related systems or networks;
  12. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services;  or
  13. use the Service to encourage or facilitate any illegal activities; or break any Laws, including but not limited to those related to e-commerce, defamation or privacy.

 

SECTION 6. RIGHT TO INSPECT.

For the purposes of providing Customer and its Users with the Services and to ensure that the terms of this AUP are being followed, Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, and to limit Customer’s access to Customer’s Account at any time should Company have reason to believe that Customer or its Users have violated or may at some point in the future violate any terms set forth in this AUP.