Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs your use of the Cadivra platform and is incorporated into the Cadivra Terms of Service. Capitalised terms not defined here have the meanings given in the Terms of Service.

1. Email Sending Standards

You must:

• Only send emails to recipients who have a reasonable expectation of receiving business communications from you and for whom you hold a lawful basis to contact
• Include a clear and functioning unsubscribe mechanism in every marketing email
• Honour all unsubscribe and opt-out requests promptly and without undue delay (and in any event within the timeframes required by applicable law)
• Accurately identify yourself as the sender and include valid physical postal address and contact information in each email, as required by CAN-SPAM and CASL
• Not use misleading subject lines or deceptive header information
• Not send emails to purchased, rented, or scraped contact lists
• Maintain a suppression list of contacts who have opted out and ensure those contacts are excluded from future campaigns

2. Recipient Classification and Compliance

2.1 When sending emails to UK recipients, you must understand and comply with the distinction between corporate subscribers and individual subscribers under PECR. Sole traders and some partnerships are treated as individual subscribers under PECR and the UK GDPR, meaning the stricter consent rules for direct marketing by electronic mail apply to them. If you are unsure whether a contact is a corporate or individual subscriber, you should treat them as an individual subscriber.

2.2 Where you have obtained contact data from a source other than the individual themselves (e.g. a third-party data provider, public directory, or manual research), you must provide the individual with the information required under Article 14 UK GDPR within a reasonable period and in any event before using the Platform to contact them for the first time.

2.3 You must be able to demonstrate, on request, the lawful basis on which you process each contact's personal data and, where applicable, evidence of consent.

3. Sending Limits and Thresholds

To protect the reputation of the Cadivra platform and all its users, the following thresholds apply:

• Bounce rate: must remain below 5% of emails sent. Accounts exceeding this threshold may be reviewed and suspended.
• Spam complaint rate: must remain below 0.1%. Exceeding this threshold may trigger immediate suspension pending review.
• Sending limits: as specified in your subscription plan

4. Prohibited Content

You must not use Cadivra to send or facilitate:

• Spam or unsolicited bulk email
• Phishing, spoofing, or social engineering attacks
• Malware, viruses, or harmful attachments
• Content that is illegal, defamatory, obscene, or harassing
• Content that infringes third-party intellectual property rights
• Content promoting illegal goods, services, or activities
• Content designed to deceive recipients about the sender's identity or the nature of the communication

5. Prohibited Activities

You must not:

• Attempt to circumvent any sending limits, rate limits, or security measures
• Use the Platform to harvest email addresses or scrape data from third-party sources
• Share your account credentials or allow unauthorised persons to access your account
• Use automated tools (bots, scripts) to access the Platform except via our published APIs
• Reverse engineer, decompile, or disassemble any part of the Platform
• Access or use the Platform to build a competing product
• Resell or sublicense access to the Platform

6. Data and Privacy

You must:

• Only upload contact data that you have lawfully obtained
• Have a lawful basis under applicable data protection law for each contact you upload
• Comply with UK GDPR, EU GDPR, PECR, the EU ePrivacy Directive, CAN-SPAM, CASL, and any other applicable privacy and marketing legislation
• Respond promptly to data subject rights requests in respect of contacts you have uploaded
• Not upload special category data (e.g. health, political opinions, biometric data) without our prior written agreement
• Verify that enriched contact details (in particular telephone numbers, which are a probabilistic best match and not identity-verified) correspond to the intended individual before relying on or acting on them

Contacts you discover through the Platform's Find Contacts, prospect database, or enrichment features are personal data obtained from a source other than the individual. You are the data controller for that data. Before adding such a contact to an outreach or otherwise contacting them, you must: (a) have a lawful basis to process and contact them under applicable law (including a legitimate interest assessment or consent, as applicable, and compliance with PECR and the EU ePrivacy Directive for the relevant subscriber type); and (b) provide the privacy information required under Article 14 UK GDPR within a reasonable period and in any event before the first contact. Cadivra provides these tools; responsibility for the lawful use of any contact you discover or enrich, and for the consequences of contacting them, rests with you.

7. Email Tracking

The Platform may include tracking technologies (such as tracking pixels) in outreach emails to measure open and click rates. You are the data controller for this processing. Under PECR and the EU ePrivacy Directive, the use of tracking pixels that store or access information on a recipient's device may require prior consent or be subject to other conditions depending on the jurisdiction and subscriber type. You are responsible for ensuring your use of email tracking complies with applicable laws.

8. Enforcement

We monitor compliance with this AUP through automated and manual review. If we determine that you have violated this AUP, we may, at our sole discretion:

• Issue a warning and request immediate corrective action
• Temporarily suspend your account or limit sending capabilities
• Permanently terminate your account
• Remove or disable access to offending content

In cases of severe or repeated violations, we may take action without prior notice. We are not obligated to provide a refund in the event of suspension or termination for AUP violations.

9. Reporting Violations

If you become aware of any violation of this AUP, please report it to: [email protected]

10. Changes to This Policy

We may update this AUP from time to time. We will notify you of material changes by email or via the Platform. Continued use after the effective date constitutes acceptance.