Have fun with Aivie – but really.
This Acceptable Use Policy (“AUP”) applies to the use of all products, services or websites provided by Aivie, whether we provide them to customers directly or through a third party.
This AUP also protects the interests of all our customers and their customers, as well as our business reputation and standing. By using our services, you agree to these terms.
If you use an Aivie service, this AUP applies to you. Each of our customers agrees to comply with this AUP and is liable for violations. Customers may not assist or involve others in any way that would violate this AUP. We will enforce and ensure compliance with this AUP using methods we believe are appropriate, such as monitoring complaints and undeliverable emails. Pursuant to our Terms of Service for Customers, we may suspend or terminate use of the Services for violations of this AUP.
We update these terms and conditions periodically and post a revised copy on our website. You agree to read the AUP regularly and to comply with it at all times.
If you are aware of or suspect a breach of this AUP, you must notify us immediately in writing.
1. use of the e-mail functions
a. You may not use our services to send spam. Spam can include both bulk email and direct promotional email.
Bulk emails are spam when they are sent unsolicited. Unsolicited means that the recipients have not given demonstrable permission for the message to be sent. Bulk e-mails are e-mails that are sent as part of a larger collection of messages that all have substantially similar content.
Direct commercial e-mails are spam if they violate any applicable anti-SPAM law. Direct marketing emails are also considered spam if the data processed to send the email falls within the scope of data protection laws and regulations and you do not properly notify the data subjects and do not provide a legal basis for the processing.
Customers are prohibited from using the Service, either directly or indirectly, to send, transmit, process, distribute or deliver any of the following: Spam that violates applicable anti-SPAM laws or any other law; Email to addresses obtained through web data collection methods or other methods of obtaining information (e.g., scraping or harvesting); Email to addresses that, despite best efforts and industry best practices, are incomplete, inaccurate and/or not up to date with all applicable opt-out notices; Commercial electronic messages that violate Canada’s anti-spam laws (see below) or that violate applicable privacy laws and regulations.
b. You may not use misleading or false names, addresses, email addresses or subject lines.
For emails sent through or caused to be sent by the Service, the following are prohibited: The use or retention of invalid or forged information in the email header; the use or retention of invalid or non-existent domain names; the use of methods to otherwise misrepresent, conceal, or disguise information to identify the origin or means of transmission; the use of any other means of misleading addressing; the use of an Internet domain name from a third party without the third party’s consent; or forwarding from or through a third party’s equipment without permission from said third party; providing false or misleading information in the subject line or otherwise providing false or misleading content; or using our trademarks, slogans or logos without our prior written consent; with our prior written consent, use of our trademarks, slogans or logos is permitted only in accordance with our trademark use policy.
c. You may not send emails to purchased recipient lists.
Customers are prohibited from using the Service to send email to purchased, rented or borrowed recipient lists and lists that would likely result in an excessive number of unsubscribes or spam complaints or notices according to acceptable industry practices.
2. Opt-Out requirements for E-Mails
You warrant that any email sent by you or for you using the Service will contain the following: Header information that is neither false nor misleading; and a notice that the recipient may opt-out of the email communication, exercise their opt-out right, or otherwise request that this use of their information for unsolicited, unauthorized, and/or inappropriate communications be stopped as described in this AUP. (This includes an indication of the means by which the recipient may inform you that they wish to unsubscribe from email communications, exercise their opt-out rights or prevent this use of their data). These requirements may not apply if the email being sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, do-not-call, and do-not-send requests.
3. No Copyright
You agree not to use the Service in any manner that interferes with the normal operation, privacy, integrity or security of others’ property. Third-party property includes third-party accounts, domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, or the business operations of others. You also agree not to use the Service to gain unauthorized access to, use, monitor, or reference another’s property without your express prior consent. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing, and/or sending e-mails that contain viruses or spreading worms or other malware (spyware, adware, or an equivalent file or program). You also agree not to use the Service in any manner that results or may result in IP addresses, domains or customer domains being blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally.
Morals, ethics and compliance with applicable laws and regulations
In addition, and without limiting the other requirements in this AUP, Customers may not use the Service, directly or indirectly, in a manner or with content that is threatening, abusive, harassing, persecutory, or defamatory;
- is or are deceptive, false, misleading or fraudulent;
- violates or infringes the privacy or other legal rights of others (such as data protection and personal rights);
- contains vulgar, obscene, indecent or unlawful material;
- infringes or violates the intellectual property rights of third parties;
- includes or involves the publication, public contribution, uploading or other distribution of software, music, video or other material protected by intellectual property rights (or by data protection or privacy rights) unless you have obtained all necessary rights and consents to do so;
- includes or includes uploading files that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another’s computer;
- includes or includes the downloading of files that you know or reasonably should know may not be lawfully distributed in said manner;
- falsifies or forges any attribution, legal or copyright notice, identification of the origin or source of any software or other material contained in any uploaded file, or deletes or deletes any such material;
- restrict or inhibit the use of the Service and the use of our website and/or the Service by other users;
- Harvests or otherwise collects information about others (including email addresses) without their consent;
- violates or infringes the usage standards or rules of any entity affected by your use, including, without limitation, ISPs, ESPs, or news or user groups (for example, by circumventing or exceeding device usage rights and restrictions and/or storage location and path identification details);
- is or are legally enforceable between private parties;
- object in good faith to such use, or object if, for example, someone uploads more contacts than allowed in the contact level, then sends e-mails to these contacts and deletes them again shortly afterwards; and/or
- violates any applicable local, state, national or international law or regulation, including export laws and regulations, applicable privacy laws or regulations, or any regulation having the force of law or applicable law in the country of residence or domicile of the recipient of the e-mail;
- favours, facilitates or promotes illegal activities or encourages third parties to engage in such activities;
- Favors, facilitates, or promotes hate speech; violence; discrimination based on race, color, sexual orientation, marital status, gender identity or expression, parental status, religious affiliation or belief, national origin or ancestry, age, physical or mental disability, veteran status, hereditary information, citizenship, and/or any other personal characteristic protected by law.
Authorized use of the service
You agree to abide by the restrictions applicable to your use of the Service as set forth in the Products and Services section. This applies in particular to the data volume or number of e-mails or contacts agreed with the purchase. We may update or modify these Service Restrictions by updating the Product Specific Terms.
You use the Service for your internal business purposes and agree not to: intentionally tamper with the security of the Service or our customers’ accounts; access data on the Service that is not intended for you; log into a server or account on the Service to which you do not have authorized access; attempt to investigate or test security vulnerabilities of a Service or violate security or authentication measures without proper authorization; access any portion of the Service that is not intended for you; or access data on the Service that is not intended for you. that you do not have authorized access to; attempt to probe, search or test for security vulnerabilities on the Service or breach security or authentication measures without proper authorization; intentionally render any part of the Service unusable; lease, distribute, license, sell or otherwise commercially exploit the Service or make the Service available to third parties not included in your subscription to the Service; use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or provide a trial version of the Service to third parties without our prior written consent.
Customers are prohibited from using automated systems such as “robots”, “spiders” or “offline readers” that send more requests to our servers in a given period of time than a human can reasonably produce in a conventional browser. You may not use the Subscription Service in any manner that could damage, disable, overburden, or otherwise impair any of our websites or applications, or interfere with any other party’s use of the Subscription Service;
Customers are prohibited from attempting to gain unauthorized access to the Subscription Service; accessing the Subscription Service from outside our designated interface; or using the Subscription Service for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Customers may not use the Subscription Service if the use or enjoyment of the Subscription Service is prohibited by law under the laws of the country in which they are located or from which they access or use the Subscription Service. You may not use the subscription service if your communications are subject to legal restrictions.
You must notify us immediately if you become aware of any unauthorized use of your account or users’ IDs and passwords.
As a Customer, you are responsible for complying with applicable laws and regulations governing the collection, processing or management of Confidential Data in connection with your use of the Service. We exclude all liability claims arising from your use of the Subscription Service for the collection, management or processing of confidential data.
Customer retains all right, title and interest in and to the Data and Customer Data. Aivie shall have no right, title or interest in or to any Content processed by the Software, and Customer shall retain all rights therein. We use Customer Data only to provide the Subscription Service and Consulting Services, and only in accordance with applicable laws and this Agreement.
Customer acknowledges that the Agreement does not create any obligation for Aivie to retain Customer Data and that Aivie shall not be liable to Customer in any way for this fact.
Customer agrees to take reasonable measures to scan for viruses and other malicious code prior to uploading any data to the server, website, software and third party software.
Aivie will not process the data of its customers. In certain cases, and if requested by the customer through Aivie Support, Aivie is likely to hold and process its customers’ data solely for the purpose of fulfilling the customer’s request.
We may immediately suspend access to the Service if you violate this AUP or fail to respond to us within a reasonable time after we contact you regarding a possible violation of this AUP.
We may remove prohibited materials and deny access to anyone who violates this AUP, but we are under no obligation to do so. We may, without notice, review or delete any Customer Data or Customer Materials that we determine, in our sole discretion, violate these Terms or the AUP. However, we are under no obligation (unless otherwise required by applicable laws and regulations) to control, monitor or process any Customer Data or Customer Materials. We also reserve all other rights.
Furthermore, we may suspend the service due to outstanding payments. We will notify you of the lack of payment of any amounts due. If the full amount is not paid, we may suspend access to any or all Subscription Services for ten (10) days after notice. We will not suspend subscription service if you substantiate and object in good faith to the accuracy of the charges in question and reasonably cooperate with us in resolving the disputed issue. If a subscription service is suspended for non-payment, we may charge you a reactivation fee to reactivate the subscription service.
We may suspend, limit or terminate the Free Services at any time, for any reason and without notice. We may cancel your subscription to the free services due to inactivity.
Customers shall indemnify, defend and hold us and our Affiliates harmless, at their expense, from and against any and all claims, suits, actions and legal proceedings (collectively, “Actions”) brought against us (and our officers, directors, employees, agents, service providers, licensors and affiliates) by any third party not affiliated with us or our Affiliates, to the extent that such action is based on, or is attributable thereto.
If any such claim comes to our attention, we will notify you in writing within thirty (30) days and give you sole control of the defense of or settlement of such claim, and we will provide (at your expense) all information and assistance that you may reasonably request to conduct the defense of or settlement of such claim. Without our prior written consent, customers may not accept any settlement that creates an obligation for us; requires us to make any concessions; or creates any liability not covered by such indemnities or imposes any restrictions on us.
We reserve the right to disclose any information at any time if required to do so by law, regulation, legal process or governmental request.
We may update and change this AUP in whole or in part and will notify you by posting a revised copy on our website.
Do you have questions or concerns about the Acceptable Use Policy? Then just drop us a line at email@example.com.
Aivie by Idea 2 Collective GmbH