This Sozialens Acceptable Use Policy (AUP) applies to your use of any product, service or website offered by us, Sozialens S.L., hereinafter Sozialens, either directly or through a third party (both of which are considered an “Sozialens Service”). This AUP is designed to ensure compliance with the laws and regulations binding on the Sozialens Service. This AUP also protects the interests of all of our customers and their respective clients, as well as our goodwill and reputation. However, given the importance of these terms, if you do not agree to them, we will not be able to offer you the Sozialens Service. By using the Sozialens Service, you agree to these terms.

If you use any Sozialens Service, you must comply with this AUP. All of our customers agree to accept this AUP and are responsible for any breach of it. It is prohibited to assist or bind third parties resulting in breach of this AUP. We will use such means as we deem appropriate, such as complaints and email error monitoring, to implement and ensure compliance with this AUP. We may also suspend or terminate your use of the Sozialens Services as provided in our Customer Terms and Conditions of Service for any breach of this Acceptable Use Policy.

We will update these terms periodically and provide notice of changes through the notification app on the Sozialens portal through which you access your Sozialens subscription (if you are a subscriber), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and to comply with it at all times.

1. Report of possible non-compliance

We encourage our email recipients to use the Sozialens Service to notify us of potential violations of this AUP by sending a copy of the email received with the complete headers to [email protected]. It is our policy to investigate all such notifications and respond in any manner we deem appropriate.

If you know of or suspect any violation of this AUP, you must notify us in writing as soon as possible.

2. Prohibited actions related to sending emails

a. You are prohibited from using the Sozialens Service to send spam, whether in the form of mass mailings or individual emails.

Bulk emailing is considered spam when such emails are unsolicited. “Unsolicited” means that the recipient did not grant verifiable permission for the message to be sent. “Bulk” means that the message was sent as part of a larger group of messages with substantially similar content. Individual transactional emails are spam when they violate CAN-SPAM. Individual emails are also considered spam if the data processed for the purposes of sending such emails is within the scope of the General Data Protection Regulation (GDPR) and you do not provide notice to the individuals or establish a legal basis for the processing.

You are prohibited from using the Sozialens Service (whether directly or indirectly) to send, transmit, manipulate, distribute or deliver: (a) spam that violates CAN-SPAM (referenced below) or any other law; (b) emails to an address obtained through web crawling or any underhanded methods (e.g., scraping or harvesting information using software programs or spiders); (c) emails to an incomplete, inaccurate or outdated address for all applicable unsubscribes, using reasonable efforts and exercising good industry practices; (d) business emails pursuant to Canadian anti-spam legislation (referenced below), or (e) in violation of the General Data Protection Regulation (GDPR).

b. False or misleading names, physical addresses, email addresses or email subjects are prohibited.

Emails sent or intended to be sent through or to the Sozialens service must not: (a) use or contain false or invalid headers; (b) use or contain invalid or non-existent domain names; (c) employ any other technique to distort, conceal or obscure any information to identify the point of origin or route of transmission; (d) use other means of deceptive addressing; (e) use the Internet domain name of any third party without their consent, or be transmitted from or through the equipment of any third party without their authorization; (f) contain false or misleading information in the subject line of the email, or false or misleading content; or (g) use any of our trademarks, slogans or logos without our prior written consent and in such case it will be done in compliance with our brand usage guidelines.

If you use email, we recommend that you adopt the Sender Best Communications Practices (BCP) of the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) which were created and accepted with the participation and collaboration of high-volume email senders and Internet service providers. The sender's best practices document for communication is available here. You must use commercially reasonable efforts to follow these practices.

c. Sending email to purchased database recipients is prohibited.

You are prohibited from using the Sozialens Service to send email to: (a) purchased, rented, or borrowed databases and (b) databases that are likely to have resulted in an excessive number of unsubscribe requests or spam reports or notices, as determined by acceptable industry practices.

3. Requirements for unsubscribing from email

You must ensure that each email sent by you or through the Sozialens Service will contain: (a) truthful and non-misleading header information; and (b) a notice that the recipient may unsubscribe or request to stop receiving unsolicited, objectionable or inappropriate communications as described in this Acceptable Use Policy (and the manner in which the recipient may inform you that they wish to unsubscribe or stop your use of their information). These requirements do not apply if the email sent is a transactional email and these requirements are not required by law. You must ensure that all unsubscribe requests, as well as “do not call” and “do not send” requests, are promptly honored.

4. Absence of interruptions

You agree not to use the Sozialens Service in a manner that undermines the normal operation, privacy, integrity, or security of the property of others. The property of others includes another party's accounts, domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, or business operations. You further agree not to use the Sozialens Service to gain unauthorized access to, use, monitor, reference, or otherwise exploit the property of others, unless you have prior express consent to do so. Examples of actions included in this prohibition include, but are not limited to, hacking, phishing, denial of service, mail bombing, and/or sending any email that contains or transmits any virus or worm, or any type of malware, whether spyware, adware, or other files or programs. You further agree not to use the Sozialens Service in a manner that causes or may cause any Sozialens IP address, any Sozialens domain, or any Sozialens client domains to be blacklisted. These restrictions apply regardless of your intent or whether you act intentionally or not.

5. Proper use of the Sozialens Service

You must abide by any limits that apply to your use of the Sozialens Service as specified in the product and service catalog available at https://sozialens.com/en/pricing (the “Service Limits”). We may update or change these Service Limits by updating the https://sozialens.com/en/pricing page, so please review it periodically.

• Is threatening, abusive, harassing, stalking, or defamatory.
• Is misleading, false, deceptive, or fraudulent.
• Invades the privacy or violates the legal rights of others (such as rights of privacy and publicity).
• Contains vulgar, obscene, indecent, or unlawful material.
• Infringes the intellectual property rights of others.
• Post, upload, or otherwise distribute any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so.
• Upload files that contain viruses, corrupted files, or any other similar software or other programs that may damage the operation of another's system.
• Download any file that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or proprietary designations, labels of origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user of the Sozialens Service from using and enjoying our website and/or the Sozialens Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate the use of any rules or regulations of any entity affected by your use, including, but not limited to, any ISP (internet service provider), ESP (expert solutions provider), or news or user group (including but not limited to circumvention or overriding of equipment usage rights and restrictions and/or location and route identification data).
• Is legally actionable between private entities.
• Is not a bona fide use of the service, such as uploading Influencers in excess of your subscription limits, emailing those Influencers, and then deleting them shortly after.
• Violate any local, state, national, or international law or regulation, including any export laws and regulations and, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act (15 U.S.C. § 7701 et seq.), the U.S. Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified in Section 6101 footnote), the General Data Protection Regulation (2016/679), Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce, in the marketplace interior (“Electronic Commerce Directive”), together with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (“Privacy and Electronic Communications Directive”), regulations promulgated by the U.S. Securities and Exchange Commission, rules of national or other securities exchanges, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), the Canadian Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), the Japanese Act on Regulation of Transmission of Specific Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in the country of your residence or that of your email recipient.
• Encourage, promote, facilitate or direct others to engage in illegal activities.
• Promote, encourage or facilitate the following: hate speech, violence, discrimination based on race, colour, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information or citizenship.

If you use any of our developer tools, including Application Programming Interfaces (APIs), developer tools or related software, you must comply with our developer terms located at https://sozialens.com/en/legal/sozialens-developer-terms.

You must use the Sozialens Service for internal business purposes, and not to: (i) intentionally tamper with the security of the Sozialens Service or manipulate customer accounts; (ii) access data on the Sozialens Service not assigned to you; (iii) log into a server or account on the Sozialens Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Sozialens Service or breach security or authentication measures without proper authorization; (v) deliberately disable any portion of the Sozialens Service; (vi) lease, distribute, license, sell or otherwise commercially exploit the Sozialens Service or provide the Sozialens Service to any party other than as contemplated by your subscription to the Sozialens Service; (vii) use the Sozialens Service for any sharing or service bureau purposes or otherwise benefit any third party; or (viii) provide any evaluation or trial version of the Sozialens Service to any third party without our prior written consent.

6. Restricted industries

Some industries have a higher than normal level of abuse claims, which may directly impact our ability to provide the Sozialens Services to other customers. To protect them, we reserve the right to terminate your use of the Sozialens Services if you are in one of these industries. Common examples include:

• Cryptocurrencies
• Escort and dating services
• Pharmaceuticals
• Working from home, making money online, or generating leads
• Betting or casino services or products
• Multi-level, multi-level, or affiliate marketing
• List brokers or list rental services
• Selling likes or followers for a social media platform

7. Use of the Sozialens trademark

Unless you have our prior written permission, you may not use any name, logo, slogan or other mark of ours or the Sozialens Service, or any identifier or label generated by the Sozialens Service, including, without limitation: (a) as a text link to any website or other location (except as expressly provided or enabled by us); or (b) to suggest that you identify yourself to us as an employee, contractor, agent or other representative in a similar capacity. You further agree not to remove or alter any of these elements as we provide or facilitate them to you.

8. General Terms

We may immediately suspend your access to the Sozialens Service if you fail to comply with this Acceptable Use Policy or fail to respond to us within a reasonable period of time after we contact you about a potential violation of this AUP. We may also suspend your access as explained in our Customer Terms and Conditions of Service and, if you fail to comply with this AUP, we may terminate your subscription agreement for cause. You agree that we may disclose information regarding your use of the Sozialens Service to comply with any law, regulation, governmental request, court order, subpoena or other legal process. If we make such a mandatory disclosure, we will notify you, unless we are required to keep the disclosure confidential.

We are not obligated, but may, to remove any prohibited material or deny access to any person who violates this AUP. We reserve all rights.

We may update and change this AUP in whole or in part. If we update or change this AUP, the updated AUP will be posted at https://sozialens.com/legal/acceptable-use-policy. If you are an Sozialens subscriber, we will let you know through the notification app on the Sozialens Portal that you use to access your Sozialens subscription. If you do not have an Sozialens subscription, we will let you know by posting the revised copy on our website. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.