*Tenon reserves the right to update the parameters of the acceptable sending threshold at any time without prior notice.
1b – Acquiring or sending to a third-party mailing list is prohibited. Use of contact lists that are bought, rented or scraped from third-parties is prohibited by law in most countries, and is prohibited for use within the Tenon platform.
1c – Emails and SMS, unless transactional in nature, can only be sent where permission has been expressly obtained, and can only be sent to recipients who have granted clear, explicit and provable consent to receive communication. This consent should be granted through a confirmed single or double opt-in system that clearly expresses the topic of the subscription on an online or offline form via an unmarked by default checkbox.
1d – Proof of consent must be provided in the event of an escalated abuse complaint. We take escalated abuse complaints received from recipients very seriously. At Tenon’s request, you must be able to provide information regarding all email addresses and/or telephone numbers to which you’ve sent emails and/or SMS through the platform (including the basis of the obtained consent, when and how the email address or telephone number was collected, and any other pertain proof of legal permission to contact the recipients).
1e – An unsubscribe link must be included in every marketing email campaign. All marketing campaigns must include a clear and concise link for recipients to easily opt-out of receiving future communication. The link must be easy for anyone to recognize, read, and understand. You must honor unsubscribe requests without undue delay.
*Transactional and confirmation emails, confirmation emails do not require an unsubscribe link.
1f – Sender name and status must be clearly communicated in every email message. “From”, “To” and “Reply-To” fields must accurately and clearly identify the sender’s domain name and email address. When sending from a different domain name on behalf of a partner or related third-party organization, the email body must clearly communicate that the message is sent via a third-party domain. Any third-party domains must also be validated by the sender.
1g – Readily publish on your website and comply with a privacy policy that meets applicable legal requirements and include a link to that policy in the body of each email.
2) Prohibited Behavior
You may not use our platform or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including (but not limited to):
2a – Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data privacy laws and laws relating to unsolicited commercial electronic messages;
2b – Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
2c – Any activity which might reasonably be considered: (i) to be illegal, immoral, unethical, deceptive, scandalous, fraudulent, offensive and/or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Tenon, networks, platforms, group companies or customers.
2d – Interference with the Services. Interfering with or otherwise adversely impacting any aspect of the Services, our overall business and operations, or any third-party or our network or platform that are linked to the Services.
2e – Any activity or conduct that is not likely to be consistent or in conflict with our Services, products, network, platform or the design, documentation, features and intent.
2f – Any activity involving potential distribution or dissemination of personal data or sensitive information using artificial intelligence functionalities.
2g – Distributing or disseminating any information or materials that are inappropriate, profane, defamatory, obscene, indecent, unlawful, or injurious, or containing harmful code.
2h – Uploading or making available files that contain protected material without necessary consent.
2i – Falsifying or deleting any copyright management information, including author attributions and legal notices.
3) Prohibited Content
You may not publish, transmit or store on or via the Services any content or links to any content that Tenon reasonably believes is illegal, harmful, unwanted, or otherwise poses a threat to the public. Moreover and unless the sender gives us sufficient and specific guarantees at our sole discretion, we do not work in principle with senders who promote the following activities or sends content, whether permitted by law or not, that includes the following, but is not limited to:
- Abusive or Dishonest Practices: Includes payday loans, debt collection agencies, affiliate marketing, or any other activities considered abusive or dishonest.
- Gambling Activities: Any gambling activity in violation of required licenses, codes of practice, or necessary technical standards under applicable laws or regulations.
- Exploitation and Sexual Content: Content that constitutes, depicts, fosters, promotes, or relates to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age.
- Violent and Harassing Content: Content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, or creates a risk to a person’s safety or health, public safety or health, compromises national security, or interferes with law enforcement investigations.
- Unfair or Deceptive Practices: Content that is unfair or deceptive under consumer protection laws, including chain letters and pyramid schemes.
- Defamatory or Privacy Violations: Content that is defamatory, violates a person’s privacy, or is in contravention of any privacy rules or laws.
- Fraudulent or Malicious Content: Content that is malicious, fraudulent, morally repugnant, or promotes fraudulent activity.
- Offensive or Indecent Content: Content that is offensive, unsuitable for minors, abusive, obscene, or indecent.
- Crime and Unlawful Activities: Content that promotes, incites, or instructs in matters of crime, describes, incites, or promotes unlawful sexual activity, or promotes or incites discrimination, violence, or hatred against any person or group.
- Harmful or Alarmist Content: Content that causes unnecessary alarm, distress, anxiety, annoyance, inconvenience, or panic, is menacing in character, or provides financial advice to any person.
- Malicious Code: Content that contains a computer worm, trojan horses, virus, or other malicious or harmful code or data designed to interrupt, damage, destroy, or limit the functionality of any software, hardware, or communication equipment.
- Legal and Regulatory Violations: Content that breaches any law, infringes the rights of any person to confidentiality, copyright, intellectual property rights, or any other proprietary interest, or is otherwise tortious or likely to result in damage to property or injury to any person.
- Outdated or Misleading Information: Content that is false, misleading, or deceptive, or likely to mislead or deceive, or is out of date considering generally available information.
- Cardholder Data: Transmits, stores, or processes cardholder data.
- Personal Information: If sent in the United States, contains non-public Personal Information; if sent in Canada, contains Personal Information.
- Emergency Notifications: Content intended for providing any warning or notification about a serious risk to the safety of persons or property.
- Reputation Risks: Content that brings us or any of our providers into disrepute.
4) Excessive Use of Shared or Free System Resources
You may not use any shared system provided by Tenon in a way that unnecessarily or adversely 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.
5) Email Validation Requirements
Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ email verification features or functionality, you may not:
5a – Use the Services to verify the email address(es) of any person who has not affirmatively consented (i.e., opted-in) to, or who has expressly opted-out from receiving email communications from you;
5b – Use the Services to validate email addresses that were purchased, rented or similarly obtained from a third party (i.e., third party email lists); or,
5c – Use the Services to harvest or generate email addresses or otherwise determine the existence of unknown email addresses.
6) Inbox Placement Requirements
Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ Inbox Placement features, you may only:
6a – Send emails to your seed list when conducting an inbox placement test; and
6b – Update your seed list every 30 days from the most recent list we provide to you
7) Cooperation with Investigations and Legal Proceedings
7a - If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
7b - We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
8) Third Party Conduct
8a - Tenon users are responsible for violations of this AUP by anyone using your Services with or without your permission, including any use on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is also a violation of the AUP.
8b - Tenon users 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 authorization, including through a Trojan horse or virus.
9) DNS Record Compliance
9a - You may only use IP addresses assigned to you by Tenon Automate in connection with your Tenon Services. You agree that if you register a DNS record or zone on Tenon managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Tenon Services may modify, transfer, or delete such records or zones. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.
10) Artificial Intelligence Features (“AIF”) Usage
10a - Clients are responsible for any content uploaded or generated by AIF and must ensure compliance with the Agreement and applicable law.
10b - AIF input will not be treated as confidential information, and sensitive personal data should not be included.
10c - Output generated by AIF is not confidential, may contain inaccuracies, and should be reviewed by a human before use.
10d - Prohibited uses of AIF include misleading human generation, providing medical, legal, or financial advice, generating political content, spam, malicious software, or fully-automated decision-making.
10e - Tenon disclaims any warranty regarding the accuracy, completeness, or reliability of AIF output and is not liable for any loss or damage resulting from its use.
10f - AIF elements may be provided by third-party service providers. Tenon users must comply with the third-party service provider terms and policies.
11) SMS Messaging
11a - Tenon provide the Services for the benefit of businesses to send SMS. All SMS messages sent must comply with all federal and state laws involving SMS marketing.
11b - You cannot send SMS messages for purposes which are not connected to your legitimate business or commercial activities.
11c - You cannot send SMS messages in connection with any activity that damages or interferes with our Services to other customers, our Providers or any Facilities or exposes us to liability.
11d - You cannot send SMS messages in an attempt to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to us or any of our users.
11e - Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities is prohibited.
11f - Sending of SMS messaging to any contact under 18 years of age is prohibited.
11g - Sending, publishing, reproducing, hosting, advertising, communicating, or facilitating Prohibited Content is prohibited.
12) Applicable Spam Laws
12a - All Tenon Automate end users must review and comply with all applicable laws, carrier regulations, and industry guidelines as amended and updated, including but not limited to the following in the EU, Canada, and the United States of America.
12b - The European Union: General Data Protection Regulation (GDPR)
12c - Canada: Canada’s Anti-Spam Legislation (CAN-SPAM)
12d - United States:
- Telephone Consumer Protection Act and applicable Federal Communication Commission guidance, including the national Do Not Call Registry and Reassigned Numbers Database;
- Telemarketing Sales Rule;
- The Controlling the Assault of Non-Solicited Pornography and Marketing Act;
- State-specific Privacy Laws, e.g. California Consumer Privacy Act and California Privacy Rights Act;
- State-specific mini-TCPA, e.g. Florida Mini-TCPA;
- Mobile Marketing Association Consumer Best Practices and Code of Conduct;
- Regulations promulgated by Carriers, including but not limited to AT&T, Verizon, and T-Mobile, in their respective codes of conduct; and
- Regulations promulgated by the CTIA, including but not limited to the Messaging Principles and Best Practices and the Political Text Messaging Guidance.