Acceptable Use Policy.

This Policy governs the use of the Service to send email, SMS and other electronic messages ("Communications"). It is incorporated by reference into the Terms and Conditions of https://app.orvono.com (the "Terms") and forms part of them. Capitalized terms have the meaning given in the Terms. The Owner only provides a technical platform. Every Communication is composed, addressed, scheduled and sent by the User, at the User's direction and on the User's instructions. For all legal purposes, the User is the sender and initiator of its Communications; the Owner is not.

Users are responsible for all Communications sent from their account, including by employees, agencies, contractors and connected integrations. This Policy sets standards between the Owner and the User only; it does not create rights in favour of, or duties owed by the Owner to, recipients or any other third party.

Users may send Communications only to recipients who have given the consent required by the law applicable to the recipient, the User and the channel used.

Users may not send to purchased, rented, shared or third-party lists; to addresses harvested or scraped from any source; to contacts who consented to a different sender; or to anyone who has unsubscribed or withdrawn consent.

Users must keep records showing when, how and from where each contact consented, and must produce them to the Owner on request within the period the Owner reasonably specifies. The Owner does not and cannot verify consent; the User's import or use of a contact is the User's representation that valid consent exists.

Every Communication must accurately identify the User as sender with no misleading header, sender name or subject line; include the sender details and postal address required by applicable law; include a clear, functioning opt-out mechanism wherever applicable law requires one; be identifiable as marketing where the law so requires; and retain, unaltered, any unsubscribe link, sender identification or tracking element inserted by the Service. Users may not present the Owner as the sender of, or as having reviewed or approved, any Communication.

Users must honour every opt-out, unsubscribe or consent-withdrawal request within any period mandated by applicable law and in any event without undue delay. An opt-out applies across all of the User's lists, brands and accounts on the Service; opted-out contacts may not be re-imported or contacted through another account or domain without new, valid consent.

Warnings and optional elements. Because the laws of different jurisdictions impose different requirements and exceptions, the Service does not force the inclusion of every element that a given law may require. Where a Communication appears to lack such an element, the Service may display a warning. Warnings are a courtesy, are not exhaustive, and are not a determination that a Communication is or is not compliant; the absence of a warning does not indicate compliance. The Owner may at any time make any element mandatory.

Users sending mobile messages must provide all disclosures required at opt-in, provide an opt-out mechanism in accordance with applicable law, respect applicable quiet-hours restrictions, comply with carrier requirements and industry guidelines (including CTIA guidelines for U.S. numbers), and give accurate information in any sender-registration process.

Carriers may filter, block or reject messages and refuse or revoke registrations at their discretion; the Owner has no control over and no liability for such actions.

Users may not send or promote content that is unlawful, deceptive (including phishing, spoofing or impersonation), sexually explicit, hateful or violent, malicious (including malware), or infringing of third-party rights.

Users may not evade spam filters or the Owner's monitoring, spread sending across domains or accounts to dilute reputation metrics, use the Service to build, sell or rent contact lists, use its sending infrastructure for anything other than sending Communications, or open or share accounts to circumvent a suspension or limit.

The Service may not be used to promote list brokering or lead-generation that sells opt-in data, affiliate-only promotions, multi-level or pyramid marketing, or get-rich-quick offers. The Owner may restrict further categories where required by law, carriers or infrastructure providers.

Users remain responsible for their own privacy practices, and for any privacy information they give their contacts. Users may not process special categories of personal data, health information or children's data through the Service unless lawfully permitted.

Open and click tracking in email communications are always on and part of the Service. Website and store activity reaches the Service through the User's connected store and relies on the consent the User collects there. Using the Service is the User's instruction to the Owner to process the resulting tracking data on the User's behalf, and the User is responsible for any notice or consent that applicable law requires.

Users are solely responsible for ensuring that their Communications comply with all applicable laws and industry standards, including data protection and ePrivacy laws (such as the GDPR, the ePrivacy Directive), anti-spam and consumer protection laws (such as the CAN-SPAM Act and Canada's Anti-Spam Legislation), and telemarketing and text-messaging rules (such as the U.S. Telephone Consumer Protection Act and carrier guidelines), as well as any other law applicable to the User's business, contacts or jurisdiction.

Features such as sign-up forms, automatic unsubscribe links, suppression lists and compliance warnings are provided for convenience only and do not guarantee compliance. The Owner has no obligation to review or verify individual Communications and is not responsible for obtaining consents from recipients.

Any onboarding, setup assistance, list import, list processing, documentation, template or default setting provided by the Owner is provided on the User's instructions and is not legal advice. Where the Owner imports, cleans, corrects or otherwise processes contact data at the User's request, the User warrants that the data was lawfully obtained, remains responsible for the resulting data, and must verify that valid consent applies to every contact before sending to it. The Owner does not assess the lawfulness of any list or Communication.

The Owner reserves the right, but has no obligation, to monitor Communications, list imports and account metrics (including complaint and bounce rates), largely by automated means, for the protection of the Service and its Users. Such monitoring is operational and does not constitute a legal review of any Communication. The Owner may set and publish operational thresholds for such metrics.

Where the Owner reasonably believes this Policy has been or may be breached, or a threshold has been exceeded, it may without prior notice warn the User, require proof of consent or re-confirmation of a list, throttle or block Communications, suspend sending, or suspend or terminate the account in accordance with the Terms, without liability or refund. Any action, or decision not to act, in a given case is not approval of any Communication and does not waive the Owner's right to act on the same or any other breach later. The Owner may report unlawful activity to the relevant authorities.

Users must reasonably cooperate with any investigation under this Policy. Abuse can be reported to orvono@orvono.com.

Any breach of this Policy is a material breach of the Terms. In addition to, and without limiting, any other indemnification obligation under the Terms, Users agree to indemnify and hold harmless the Owner, its affiliates and their officers, directors, employees and agents from all claims, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of the User's Communications or any breach of this Policy, including any resulting complaint, blocklisting, carrier action or regulatory proceeding, to the fullest extent permitted by applicable law. The limitations of liability in the Terms apply to this Policy.

The version of this Policy in force at the time a Communication is sent applies to that Communication. The Terms govern acceptance of this Policy and changes to it.