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Acceptable Use Policy (AUP)

Last Updated: 2 June 2025

1. Introduction

This Acceptable Use Policy (“Policy”) outlines the rules governing the use of DIGIPIV CRM (the “Platform”) and any associated messaging, email, or digital services provided by DIGIPIV DIGITAL SOLUTIONS UNIPESSOAL LDA (“DIGIPIV”).

By using the Platform, you agree to comply with this Policy. Failure to comply may result in the immediate suspension or termination of your account without a refund.

2. General Prohibitions

You agree not to use the Platform to:

  • Engage in, facilitate, or promote any illegal activities under Portuguese, EU, or international law.
  • Transmit content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Distribute viruses, malware, or any other malicious software.
  • Interfere with the performance or integrity of the Platform or the infrastructure of our third-party providers (HighLevel Inc.).

3. Email and SMS Marketing Rules

DIGIPIV maintains a zero-tolerance policy regarding unsolicited commercial messages (“Spam”).

3.1. Consent Requirements

You may only send emails or SMS messages through the Platform to individuals who have given you express, documented opt-in consent.

  • The use of purchased, rented, or third-party lead lists is strictly prohibited.
  • “Cold” messaging without a prior business relationship or explicit consent is a breach of this Policy and GDPR.

3.2. Mandatory Opt-Outs

All marketing communications must include a clear and functional “Unsubscribe” link (for email) or “STOP” instructions (for SMS). You must not attempt to hide or disable these features.

3.3. Performance Thresholds

To protect the “Sender Reputation” of the Platform, your account must maintain the following standards:

  • Bounce Rate: Must remain below 3%.
  • Spam Complaint Rate: Must remain below 0.1% (1 in 1,000 messages).
  • Unsubscribe Rate: Must not be excessive as per industry standards.

4. Prohibited Content Categories

Due to high-risk regulations and carrier restrictions (e.g., A2P 10DLC), the following content categories are prohibited from being sent via DIGIPIV CRM:

  • Multi-Level Marketing (MLM) and “Get Rich Quick” schemes.
  • Gambling, betting, or lottery services.
  • Pharmaceuticals, supplements, or “miracle cures.”
  • Adult content, escort services, or dating services.
  • Debt collection, credit repair, or high-interest lending.
  • Cannabis/CBD or other federally regulated substances.

5. Monitoring and Enforcement

DIGIPIV and its infrastructure providers monitor Platform usage for patterns of abuse.

  • Suspension: We reserve the right to suspend your access to the Platform immediately if we detect a breach of this Policy or if our providers (Twilio, Mailgun, HighLevel) flag your account.
  • Indemnity: You agree to indemnify DIGIPIV against any fines, penalties, or legal costs incurred as a result of your violation of messaging laws (including but not limited to GDPR and the TCPA).

6. Modifications

DIGIPIV reserves the right to modify this Policy at any time to reflect changes in law or carrier requirements. Continued use of the Platform constitutes acceptance of the updated terms.