Acceptable Use Policy

THESE RULES SET OUT WHAT YOU CAN AND CANNOT DO WHEN USING OUR WEBSITE AND SERVICES - PLEASE READ CAREFULLY BEFORE USE

This acceptable use policy ("AUP") sets out the terms under which you ("you") may access the services made available at Transpond.io, ("Services"). This AUP supplements all other documents, policies and terms governing your use of our Services. This AUP applies to all users of the Services.

You are not allowed to assist or engage others in any way that would breach the terms of this AUP. We will enforce and ensure compliance with this AUP, including dealing with complaints and blocking and restricting access to our Services.

Your use of our Services means that you accept, and agree to abide by, the terms of this AUP.

The Services are operated by MPZMail Limited ("we/us"). We are registered in England and Wales under company number 11234241 and our registered office is at Level 1, 20 Dale Street, Manchester, M1 1EZ, England.

1. Notifying us of Breaches of this AUP

We encourage users to report suspected breaches of the terms of this AUP. Where you receive any content that breaches the terms of this AUP or you know or suspect that there is a breach of the terms of this AUP, please notify us as set out at the end of this AUP attaching a copy of the content that you believe breaches the terms of this AUP. We shall investigate all notifications, respond in the way we consider appropriate in the circumstances and notify you of the outcome of our investigation.

2. General Rules and Guidelines

Your account may not generate abuse complaints that, in our sole discretion, exceed industry norms. If you generate an unreasonable amount of abuse reports your account will be paused and one of the Transpond team will be in contact.

Transpond operates a fair use policy. For free, monthly or annual subscriptions you may send up to 12 times the subscriber limit of your chosen subscription per month. If you exceed this limit Transpond may limit sending on your account until the next billing date has been reached.

The Transpond platform has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. Transpond may not be used to send electronic messages to individuals that have not opted-in to receive information via electronic messages from your company.

You may only use the Services for lawful purposes.

You may not use the Services:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm others, or for the purposes of promoting the same;
  • to send, knowingly receive, upload, download, use or re-use any material which does not, or encourages others to not, comply with our content standards set out in clause 2;
  • to encourage other users to use violence or commit illegal or criminal acts;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ("spam") or distribute malware or any items of a destructive or deceptive nature;
  • to falsify any protocol or email header information (e.g. "spoofing");
  • to collect user content or otherwise search or scrape our website using automated means (such as harvesting bots, robots or scrapers) without our permission;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or circumvent our security or authentication measures;
  • to represent yourself as our agent, partner or affiliate, or make any representations, warranties or guarantees in respect of the Services;
  • for the collection, storage or processing of any personal data, unless you have received prior consent from the individual whose personal data is being used. No special category personal data may be collected;
  • for any high risk use where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe financial, physical or environmental damage;
  • if you are under 18.

You agree not to:

  • use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent;
  • upload large amounts of unwanted or repetitive user content, post unsolicited commercial messages in comments, captions or tags, or try to artificially boost views or comments;
  • sell or transfer your account details to any other person for compensation;
  • reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of any agreement you have with us;
  • try to gain unauthorised access to or disrupt any part of the Services, data, account or network by any means;
  • execute load, stress, performance, penetration or vulnerability tests;
  • access without permission, or interfere with, damage or disrupt any part of the Services, equipment or network from which our Services operate, software used within the Services or equipment or network or software owned or used by any third party;
  • solicit your account details or access any account that belongs to another user, or undertake any related actions that violate the privacy or publicity rights of another user;
  • post anyone's identification documents, sensitive financial information or information that is reasonably deemed to be confidential or private within the Services.

3. Electronic Message Rules

All messages where relevant

  • Email messages must originate from a valid ‘from' address (MPZMail product takes steps to verify this). Your company name, address, city, state, postcode and phone number must be clearly included.
  • Unsubscribe must be clearly visible (MPZMail will automatically place an unsubscribe link in the electronic message if one is not present).
  • You must comply with unsubscribe requests within 7 business days
  • An unsubscribed address or number must not receive any further electronic messages.
  • You must maintain a record of all unsubscribe requests, including the day you removed the address or number from the subscription list. You must provide us with a copy of such records upon our request.

Adding New Members

You will use a "double opt-in" subscription method for all new list members. For the purpose of the Agreement, a "double opt-in" method shall mean that when you add a new member's email address or number to the list, that email address or number shall not be activated unless and until the new member receives a single confirmation message from you requesting the member's consent to be added to the list, and Transpond receives from the new member a confirmation action (such as a confirmation email from the new member's email address) approving such action. The confirmation message sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member's subscription.

Importing Members

You may only import members previously obtained directly by you using the "double opt-in" procedures described above. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.

One time electronic messages

You may not use Transpond for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course.

Importing Opted-in Lists

The Transpond service gives its users all the tools necessary to build and maintain an opt-in list. Transpond also allows you to import existing lists of email addresses. The email addresses or numbers that are imported must have opted in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited electronic messages. Therefore, in the event that a complaint is received or an instance reported of an unsolicited electronic message sent by your company using Transpond, Transpond will investigate claims of unsolicited electronic messages sent using the service. If Transpond determines that a user is employing the service to send electronic messages to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.

4. Content Standards

Some content (both subject and body content) cannot be sent through Transpond under any circumstances. This includes the following but is not limited to:

  • gambling
  • betting
  • lead sales
  • pornography/adult content
  • pharmaceutical
  • promotion or sale of products or services that are deemed unlawful within the United Kingdom
  • work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings

If you are unsure about how this applies to your electronic message content, please contact us before using the service.

User content must not:

  • defame any person;
  • discriminate against any person based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe the intellectual property rights of any person;
  • copy any person, or misrepresent the identity or affiliation of any person with any other person;
  • deceive, or be likely to deceive, any person;
  • breach any legal duty owed to a third party (such as a contractual duty or a duty of confidence);
  • promote illegal activity;
  • threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • give the impression that it emanates from or is approved or endorsed by, us if this is not the case; or
  • advocate, promote or assist any unlawful act (such as copyright infringement or computer misuse).

When uploading any user content and when placing tags on any images, you will be required to provide us with information about that content to enable other users to access it. You therefore must:

  • provide true, accurate and complete information; and
  • confirm that the relevant user content is not in breach of any laws both in the UK and the country in which the user content was uploaded.

Failure to comply with the above obligations could result in your account being suspended, disabled or otherwise terminated and the relevant content removed, confiscated and disclosed along with your account details.

Any user content that relates to comments must be accurate, genuinely held and compliant with applicable laws in the UK and in any country from which they are posted.

5. Outgoing Electronic Messages

When using the Services you must ensure that the following criteria is met for outgoing messages:

  • The address is a valid email address
  • The number is from a valid telephone number
  • Your full contact information including mailing address and phone number is included in the message.
  • An unsubscribe link is clearly visible in your message.
  • You will review and abide by all Can-Spam requirements.
  • You must also agree to follow standard Internet etiquette for electronic messages and any applicable laws which offer the following usage provisions:
  • You must not harvest email addresses or telephone numbers.
  • You may only send out to those individuals that have given you explicit permission to send them electronic messages
  • You must fully comply with unsubscribe requests. Full compliance means that you do not ever email the address or contact the telephone number unless the owner of such, provides permission and rescinds the unsubscribe request.

6. Use of the Social Sending and Conversations Features

By using these features you acknowledge and agree that you have read, understood and agree to be bound by the terms set out below when using these features. If you do not agree to the terms set out in this section 6, you may not use these features.

  • The features are provided by third-parties providers. Currently we use artificial intelligence technology developed and provided by OpenAI LLC (“OpenAI”). You acknowledge and understand that by using the features, the OpenAI Terms of Service also govern use of the features, (“OpenAI Terms”).
  • The output insights generated and returned by the features (“Output”) are based on the metadata, provided by you and processed on and through our Services (“Input”). The Input and Output shall collectively be referred herein as (“Content”). You are solely responsible for ensuring that the Input you provide through the features complies with applicable laws and the provisions of this AUP (in particular this section 6). You must not use or provide any information to us when using the features that are sensitive, including personal data. You acknowledge and agree that we have no control over the use of the Input. Any use of Input is at your own risk and we do not represent, undertake or warrant to any security or control of, or to, Input. As between us and you, and to the extent permitted by the OpenAI Terms and applicable law, you own Input you provide through the features and you are granted rights, title and interest in and to Output. We own, or have the legal right to use, the Input you provide through the features. You may use Content for any lawful purpose, including commercial purposes and publication, at your own risk. Prior to publication, it is recommended you add a disclosure that the Output was generated by AI tools. Due to the nature of machine learning, Output may not be unique across users and the features may generate the same or similar output for third parties.
  • The features are provided by third party providers, and we do not guarantee accuracy of any Output generated by the features. Due to the nature of machine learning, and AI, use of the features may in some situations result in incorrect Output that does not accurately reflect the action generated. You must check and evaluate the accuracy of any Output before using and must not rely on us to do this.
  • You hereby represent and warrant that you will not, nor will you authorise anyone on your behalf, to mislead anyone that the Content generated by the features is human-generated, nor will you use the features for activities which have a high risk of economic harm, for adult content, adult industries, and dating apps; offering tailored financial advice without a qualified person reviewing the information; or to provide health advice, political campaigning or lobbying.
  • The features are provided on an “as is” and as “available” basis. We and any applicable third-party provider, make no representations or warranties of any kind, express or implied, as to the operation of the features, or the information, text, and content included in the Output, or the use of the Input, including without limitation, accuracy of the results, availability, suitability, reliability, or content of any information provided through the features. We will have no liability or responsibility arising in any way from your use of the Content or any errors or omissions contained in the Content.

7. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this AUP through your use of our Services. When a breach of this AUP has occurred, we may take such action as we deem appropriate. Where we remove, disable or moderate any material uploaded by you, we will provide you with a statement of reasons setting out why this action has been taken and inform you of our available redress mechanisms.

Failure to comply with any provision of this AUP constitutes a material breach of contract and may result in us:

  • immediately (whether temporarily or permanently) withdrawing your access to our Services;
  • immediately (whether temporarily or permanently) removing any posting or material uploaded by you to our Services;
  • issuing a warning to you;
  • taking legal proceedings against you for the reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • taking further legal action against you; and
  • disclosing such information to law enforcement authorities either as required or as we reasonably feel is necessary.

We exclude all liability for our actions taken in response to breaches of this AUP. The responses described in this AUP are not limited, and we may take any other action we reasonably deem appropriate.

8. Use by Minors

The use of any of our Services by anyone under the age of 18 is prohibited. Any account holder registering on behalf of a minor or permitting the use of their account by a minor shall be in breach of this AUP.

9. Contact

You may contact us in relation to any queries you have in relation to this AUP or any documents referred to in it. Please direct all queries to: support@mpzmail.com

10. Digital Service Act - Illegal Content

The Digital Services Act 2024 (">DSA") is an EU Regulation that applies to all providers of digital services regardless of their location where:

  • they offer intermediary services in the European Union (“EU”); and
  • recipients of the intermediary services have their place of establishment or are located in the EU.
Single Point of Contact Our EU Legal Representative is responsible for all direct communications with users located in the EU, the European Commission, EU Member States’ authorities, and the European Board for Digital Services regarding the application of the DSA.Datarep is our EU Legal Representative and is our single point of contact.

Datarep is our EU Legal Representative for the purposes of the DSA. Entities and persons located in the EU can contact them as set out below in relation to DSA issues.

Email: mpzmail@datarep.com

Online webform: www.datarep.com/data-request

Notices

All notifications relating to the DSA should be sent to our EU Legal Representative.

Please note that only issues within the scope of the DSA, should not be notified to our EU Legal Representative. All communications will be dealt with in English.

Moderation of Content

We have an internal team responsible for reviewing all content notices received, who will determine what actions need to be taken in respect of each request received.

We have automated systems in place which scan every email campaign for words, links or sender email addresses that are regularly seen in “spam” or “phishing” type emails, or for content that violates our acceptable use policy. If there is a flag for one of these checks, the campaign is quarantined and the account is blocked until the customer contacts our support team for further discussion. All email campaigns include a “report as junk” link allowing receivers to report emails which will automatically remove them from the senders active email list and add them to the customers denylist.

In addition, we complete manual checks of email templates, image files and “report as junk” submissions for anything violating the AUP and block accounts where necessary.

Our Internal Complaint Handling process includes opening an investigation for all complaints received and as soon as possible determining the severity of the complaint and acting accordingly. If we find the user has violated our terms of use, we will remove the content, block the account and where applicable contact the account owner.

Dated: 1st October 2024