Acceptable Use Policy

1. Overview

This Acceptable Use Policy ("AUP") defines the rules and guidelines for using Elevay, operated by Elevay. This policy is incorporated into and forms part of our Terms of Service.

Violations of this policy may result in warnings, temporary suspension, or permanent termination of your account, at our sole discretion.

2. Prohibited Content in Outbound Emails

You may not use Elevay to send emails that contain or promote:

• Spam, unsolicited bulk messages, or any message sent without a valid legal basis
• Malware, viruses, phishing links, or any harmful software
• Fraudulent or deceptive content, including misleading subject lines or sender impersonation
• Illegal products or services
• Harassment, threats, hate speech, or discriminatory content
• Content that infringes on intellectual property rights of third parties
• Adult, pornographic, or sexually explicit material
• Gambling or cryptocurrency promotions (unless properly licensed)
• Fake or misleading unsubscribe mechanisms
• Content designed to circumvent email filters or deliverability controls

3. Anti-Spam Requirements

All outbound emails sent through Elevay must comply with the following:

• Proper identification: Emails must clearly identify you or your organization as the sender. Do not use false or misleading header information.
• Accurate subject lines: Subject lines must accurately reflect the content of the email.
• Working unsubscribe: Every outbound email must include a functional unsubscribe mechanism. Elevay adds one-click unsubscribe headers to campaign emails, and an Unsubscribe link in their footer or, for emails sent directly through a mailbox's own SMTP server, in their plain-text version where they have one. You must not remove or obscure it.
• Email tracking: Elevay adds an open-tracking pixel and click-tracking links to the emails that its main sending job sends for your sequences and campaigns, including when it sends through a mailbox's own SMTP server. Another job, which also sends through a mailbox's own SMTP server, adds neither, and you cannot tell in advance which job sends a given email, so treat every campaign email as tracked. You are the controller of this tracking: you must tell your recipients about it, and for recipients in the EU you need their prior consent under Article 5(3) of the ePrivacy Directive (Article 82 of the French Data Protection Act), even for business-to-business prospecting. The Service does not collect this consent (see Section 8 of our Terms of Service).
• Honor opt-outs: Unsubscribe requests must be processed within 10 business days. Elevay automatically handles opt-outs, but you must not re-add opted-out contacts to sequences.
• Physical address: Commercial emails must include a valid physical postal address of the sender.
• Legal basis for contact: You must have a valid legal basis to contact each recipient, such as legitimate interest or consent under the GDPR, and follow the electronic marketing rules of the recipient's country. Give recipients in the EU the information required by Article 14 GDPR, at the latest in your first message.

4. Volume Limits and Sending Practices

To maintain high deliverability and protect all users:

• Daily limits: Each connected mailbox has a configurable daily sending limit. New mailboxes start with a warm-up period with reduced limits.
• Bounce rate: Your bounce rate must remain below 5%. If it exceeds this threshold, your sending may be automatically paused.
• Spam complaint rate: Your spam complaint rate must remain below 0.1%. Exceeding this threshold may result in immediate suspension of outbound sending.
• List hygiene: You are responsible for maintaining clean contact lists. Do not upload purchased lists of unknown provenance.
• Warm-up compliance: New mailboxes must complete the warm-up process. Do not attempt to bypass warm-up limits.

5. Regulatory Compliance

You are responsible for ensuring your use of Elevay complies with all applicable laws and regulations, including but not limited to:

5.1 GDPR (EU/EEA)

• Ensure you have a valid legal basis for processing personal data of EU/EEA residents
• Give people the information required by Articles 13 and 14 GDPR, including when you obtained their data from a source other than them
• Honor data subject requests (access, rectification, erasure, restriction, portability, objection), and stop contacting anyone who objects to direct marketing
• Maintain records of processing activities where required
• If you install Elevay's visit pixel on your website, load it only after your visitors consent through your own consent tool, and describe it in your privacy notice
• Tell us without delay if you suspect unauthorized access to your Elevay account or to your Customer Data

5.2 CAN-SPAM Act (United States)

• Do not use false or misleading header information
• Do not use deceptive subject lines
• Identify commercial messages as advertisements where required
• Include your valid physical postal address
• Honor opt-out requests within 10 business days

5.3 CASL (Canada)

• Obtain express or implied consent before sending commercial electronic messages to Canadian recipients
• Include proper sender identification and contact information
• Provide a functional unsubscribe mechanism

6. General Prohibited Activities

In addition to email-specific rules, you may not use Elevay to:

• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Reverse-engineer, decompile, or extract the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to compete with Elevay or build a competing product
• Share account credentials or allow unauthorized third parties to access your account
• Use automated tools, such as scrapers or scripts, to access the Service beyond the provided APIs
• Store or process data that you do not have the right to use
• Circumvent any security measures, rate limits, or usage restrictions

7. Enforcement and Account Suspension

Violations of this AUP may result in the following actions, at our discretion:

• Warning: For first-time minor violations, we may issue a written warning with a deadline to remedy the violation.
• Feature restriction: We may disable specific features (e.g., outbound email sending) while the violation is investigated.
• Temporary suspension: Your account may be suspended for up to 30 days while we investigate the violation. You will be notified via email.
• Permanent termination: For severe or repeated violations, we may permanently terminate your account. After the 30-day export window, we close your account and delete your Customer Data within 30 days, as described in our Terms of Service.

We will make reasonable efforts to notify you before or promptly after taking enforcement action, except where immediate action is necessary to protect other users or the integrity of the Service.

8. Reporting Violations

If you believe an Elevay user is violating this AUP, please report it to:

• Email: contact@elevay.app

Include as much detail as possible, including the sender email address, date/time, and content of any offending messages.

9. Contact

For questions about this Acceptable Use Policy, contact us at:

• Email: contact@elevay.app
• Company: Elevay (SASU), 108 723 537 R.C.S. Lille Métropole
• Registered office: 12 rue Volta, 59130 Lambersart, France