Acceptable Use Policy

This Acceptable Use Policy is published by the Customer Club (“Customer Club”, “us”, “we”,”our”) for the benefit and knowledge of current and prospective Users (“Users”, “you”, “your”) of the Customer Club Solution, a cloud-based software as a service platform (the “Solution”) that allows Users to easily collect their customer’s contact’s information (each, a “Contact”), communicate with them and manage certain marketing functions for User’s business from a single hub.

The purpose of this Acceptable Use Policy is to inform Users of the Solution what are permissible and prohibited uses of the Solution. This Policy, along with your Order, the Customer Club Terms and Conditions, and the Customer Club Privacy Policy make up the agreement (collectively, the “Agreement”) between User and the Customer Club, regarding your use of the Solution. Please review all such documents regarding your use of the Solution. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Customer Club Terms and Conditions.

If you have any questions about this Policy or if you wish to inform us of an alleged or actual breach of this Policy, please contact us at info@thecustomerclub.com.

Some important reminders that all Users and Authorized Persons should be aware of:

The Customer Club Solution is a flexible, easy-to-use technology platform that can both improve and streamline your business’s marketing program. The Solution is only to be used for permissive marketing. While we encourage you to use the Solution in new and diverse ways, all such efforts involving the use of the Solution must comply with this Acceptable Use Policy.

You are solely responsible for ensuring that you and all of your Authorized Persons understand all terms and conditions set forth in the Agreement, including this Policy.
You agree not to sell or rent any of your Contact’s personal information.
It is your exclusive responsibility to comply with all applicable laws and regulations when collecting your Contacts’ data via the Solution or sending Email, SMS, push notifications, or similar types of communications. You are encouraged to review your proposed use of the Solution with a qualified legal counsel to confirm your plan or program complies with all applicable laws and regulations, as such laws and regulations may be amended.
Our failure to enforce this Policy in a particular instance shall not amount to a waiver of The Customer Club LLC’s rights hereunder or in the event of any future violations of this Policy.
We may in our sole discretion determine whether you are in violation of this Policy. In doing so, The Customer Club LLC reserves the right to review the content of your content or campaigns in accordance with the Agreement.
While we consistently work to assist you with your use of the Solution, please be aware that we expressly reserve the right to provide information to law enforcement personnel or in response to third party legal actions. We will use reasonable efforts to only provide the necessary information and limit the amount of disclosed information to the extent possible.
You agree to indemnify, defend and hold harmless The Customer Club LLC, its members, employees, agents, and any of our third-party suppliers from any and all third-party claims, liabilities, damages and/or costs (including but not limited to attorney fees) arising from you or your Authorized Officers’ violation of this Policy.
We reserve the right to amend and update this Acceptable Use Policy at any time. We will place an updated version of this Policy on the same webpage and it will be automatically effective when published.

The list below is provided by way of example and is not meant to be exhaustive.

READ THIS CAREFULLY, SHARE WITH ALL OF YOUR AUTHORIZED USERS, AND RETAIN FOR FUTURE REFERENCE.

YOU MAY NOT RE-SELL, LICENSE OR ALLOW ANY THIRD PARTY TO USE THE CUSTOMER CLUB SOLUTION OR YOUR CONTACT’S PERSONAL INFORMATION.

2.) Your use of the Solution, including the content of the communications you send, through us:

Shall not be false, inaccurate, misleading or fraudulent (including, without limitation, by creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin or contents of a message or other communication using your account).
Shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising, privacy and data protection);
Shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Shall not engage in any activity that the Federal Trade Commission (FTC) or any similar federal or state entity or authority in any other jurisdiction has restricted or regulated with regard to proper use of a public telephony/communication network;

Shall not be obscene or contain child pornography;

Shall not be directed to any non-US based Contacts;

Shall not involve the marketing or providing services of an “adult” nature, pharmaceuticals, tobacco, gambling, marijuana-related products or services, guns/firearms-related services or promote the sale of alcoholic beverages (each, a “Prohibited Product.”)

Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners, affiliates, Users or suppliers;

Shall not in any manner violate the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards;

Shall not in any manner violate any applicable third-party policies or requirements that we have communicated to you;
Shall not adversely impact the availability, reliability, or stability of the overall Solution to all our Users;

Shall not launch or facilitate, whether intentionally or unintentionally, a denial-of-service attack on the Solution;
Shall not attempt to bypass or break any security mechanism on any part of the Solution or Platform or use the Solution in any other manner that poses a security or service risk to The Customer Club LLC, to any User of the Solution, or to any of our or their respective Contacts;
Shall not reverse-engineer the Solution in order to find limitations, vulnerabilities or any ways to evade filtering capabilities;
Shall not forward from a virtual number to a dead endpoint (e.g. if you forward from a virtual number, you must consistently use commercially reasonable efforts to receive or answer the message, as applicable);
Shall not offer any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency personnel or public safety answering points (PSAP’s) such as 911.
Shall not authorize, permit, enable, induce, or encourage a third party to do any of the above.
Shall not use the Services, or any component of the Services, in any manner not expressly authorized by The Customer Club LLC.

COMMON MISTAKES AND GUIDELINES

We've put together a list of common mistakes to help you assess using the Solution. If you are considering do any of the following, DON’T!

1.) Disregarding any applicable laws (We encourage you to seek qualified legal counsel to confirm collection /maintenance of Contact info & marketing comply with all the applicable laws.)

2.) Misrepresenting your identity (“Spoofing”) (Be (and only be) yourself. You should not fraudulently identify yourself when you send coupon messages to end-users. Spoofing the Sender ID or otherwise attempting to send misleading messages to end-users in respect to your true nature is never allowed. It is a good practice to always identify your brand or name in each message and to always retain evidence of prior (internal) authorization when/if you are sending messages on behalf of third parties.)

3.) SHORT MESSAGE SERVICE (SMS) AND EMAIL MARKETING

A.) Sending unsolicited messages without prior consent.

You shall only send SMS to Contacts or recipients who have explicitly opted into your campaigns and are expecting communication from you. Opt-in must be explicit. (This means that you should not assume consent based on published and available Contact details. If phone numbers are available on a website, that does not give you permission to add them into your marketing lists without prior approval. Also, refrain from buying third parties lists and from contacting end-users on do-not-call or do- not-disturb registries. There are no “OK and reliable lists of 1 million opt-in emails”. You are encouraged to maintain documentation of lawful opt-in consent for future reference.)

Violations of these provisions might result in termination of access to the Solution, deactivation of your account, and third-party liability. We actively make sure that this practice is respected. You agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your SMS campaign(s) and an SMS sample.

If you fail to provide evidence of confirmation of your Contacts having opted in for receiving these messages within 24 hours from the delivery of our request, we reserve the right to deactivate and terminate your account.

When this occurs, any purchased ,but unused credits for the current billing cycle will be refunded. We also reserve the right to also block your account in case of complaints from any Contact, third-party,or recipient or where your behavior is reasonably believed to violate the Terms and Conditions and/or this Policy.

B.) Do NOT SPAM. Do NOT SPAM. Do NOT SPAM.

If current or prospective Contacts do not promptly reply, they’re not interested. That said, you should not send multiple, identical, and/or similar messages to the same Contact.

C.) Sending Mass Marketing or Bulk Messaging

SMS marketing strategies can provide a range of benefits. However, specific unique rules apply. Prior to using SMS marketing, you should become familiar with SMS marketing and the applicable restrictions on such activities. Requirements and restrictions may vary depending on whether you operate peer-to-peer (P2P) or application-to-person (A2P) services. Operators in the United States reserve the right to filter and block bulk messages when sending those messages.

D.) Engaging in fraud or phishing

We expressly prohibit all false, misleading, and fraudulent activities. For example, collecting confidential information by requesting responses via SMS without prior contact and/ or consent is not allowed. If, as a User, you are an end-user victim of a similar practice, you should report a violation. We will make sure to investigate and take the appropriate steps to stop such behavior. We also recommend you bring your case before the relevant consumer protection authority in your jurisdiction.

E.) Harassing or Sending SMS with obscene or objectionable content

Do not send pictures or texts that contain defamatory, obscene, libelous, discriminatory, unlawfully threatening, or unlawfully harassing content. Do not send pictures or texts which include any Prohibited Product or in any manner promote illegal activities or violate any applicable Laws or are likely to cause offense to recipients. Sending threats and any unwanted SMS messages is prohibited. Engaging in activities or transmitting through the Solution any information that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age is also strictly prohibited and may result in de-activating and terminating your account.

Version – August 1, 2023