ACCEPTABLE USE

Last updated: April 17, 2020 (to reflect change of name to Prompt.io Inc.)

This Acceptable Use Policy (“AUP”) describes uses that are prohibited by Prompt.io Inc. ("Prompt.io") when any party uses Prompt.io’s Services (the "Services") or any Third Party APIs and Services. This policy is incorporated by reference into and and governed by our Terms of Service and any other agreement you have entered into with us, each of which takes precedence over any conflicting provisions in this AUP. You, the Customer, may not use the Services without agreeing to this AUP. As such, you agree not to use, and not to encourage or allow any other user to use, the Prompt.io Services or any Third Party APIs and Services in prohibited manners, including but not limited to the following:

‍

1. To encourage any illegal, abusive, or other activities that interfere with the business or activities of Prompt.io or any provider of Third Party APIs and Services;

2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner than poses a security or service risk to Prompt.io, any provider of Third Party APIs and Services, or any of their respective users;

3. Reverse-engineering the Services or any Third Party APIs and Services in order to find limitations, vulnerabilities or evade filtering capabilities;

4. In any manner that may subject Prompt.io or any third party to liability, damages or danger;

5. Launching or facilitating a denial of service attack on any of the Services or Third Party APIs and Services or any other conduct that adversely impacts the availability, reliability or stability of the Services or the Third Party APIs and Services;

6. Transmitting any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs;

7. Using the Services or any Third Party APIs and Services in any manner than violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies, or requirements in any other jurisdiction); or requirements that Prompt.io may communicate to its Customers;

8. Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection or privacy legislation in any other jurisdiction);

9. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail or faxes;

10. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers;

11. Using the Services to engage in or in connection with fraudulent activity;

12. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Prompt.io or your use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement;

13. Violating or facilitating the violation of any local, state, federal or foreign law or regulation, including laws and regulations regarding the transmission of data or software;

14. Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the Prompt.io Terms of Service;

15. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties;

16. Using the Services to transmit any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;

17. Creating a false sense of identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call;

18. Using the Services, or any component of the Services, in any manner not authorized by Prompt.io.

‍

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Prompt.io in its sole discretion.

‍

‍