Acceptable Use Policy

1. Who is bound

This AUP binds you (the “Customer”) and every person you allow to use your account. You are responsible for their actions, and for any content, list, prompt or campaign uploaded, configured or sent under your account. By creating an account or continuing to use the Service, you accept this AUP.

2. Prohibited content

You must not use the Service to create, store, send or display content that:

• breaks any applicable law, including the Criminal Code (Canada), the Competition Act, PIPEDA, Canada’s Anti-Spam Legislation (“CASL”) and the US Telephone Consumer Protection Act (“TCPA”);
• promotes, incites or glorifies hatred or violence against an identifiable group;
• depicts, advertises or facilitates the sexual exploitation of a minor. Suspected child-sexual-abuse material is preserved, reported to the National Center for Missing and Exploited Children and to the Canadian Centre for Child Protection, and the account terminated without notice or refund;
• infringes anyone’s copyright, trademark, trade secret, patent, moral rights or rights of publicity, or misappropriates a person’s name, likeness or voice;
• is defamatory, or knowingly false in a way that exposes a person to hatred or ridicule;
• is a “deepfake” or other synthetic media depicting a real person and intended to deceive;
• discloses a third party’s personal information without a lawful basis, including home addresses, phone numbers, government identifiers or financial details; or
• contains or links to malware, ransomware, spyware, phishing pages, credential-harvesting forms, fraudulent invoices or other materially deceptive content.

3. Prohibited uses

You must not use the Service to:

• Break CASL. Send a commercial electronic message to an electronic address without the consent section 6 of CASL requires, or without the sender identification and unsubscribe mechanism section 6(2) requires.
• Break the TCPA. Send a text or place a call to a United States number using automated technology or an artificial or prerecorded voice without the prior express consent the TCPA and FCC rules require for that kind of message. You alone are responsible for capturing, keeping and producing the consent record.
• Drop ringless voicemail or run predictive dialers or other automated calling technology where a licence, registration or consent you do not hold is required.
• Run political or election messaging that requires registration with the CRTC Voter Contact Registry, Elections Canada or US carriers, unless you hold the registration.
• Impersonate an emergency service. The Service is not a 9-1-1 service and must never be configured to suggest it is. See our Emergency Calling notice.
• Harass anyone in a way that would be an offence under section 372 of the Criminal Code (false, indecent or harassing communications) or an equivalent law.
• Spoof caller ID. Present a calling number you are not authorized to use, or one designed to imitate a person, business or government agency.

4. Restricted industries and use cases

The following need Peakify’s prior written consent before any campaign or workflow is set up, and that consent may be conditional or withdrawn: cannabis, firearms, payday or high-cost lending, adult content, gambling, third-party debt collection, deceptive lead-generation (including negative-option “free trial” funnels), multi-level marketing recruitment, and pharmaceuticals or therapeutic claims. These examples are illustrative; Peakify may restrict other use cases on reasonable grounds.

US carriers separately refuse certain content on registered 10DLC campaigns (known as SHAFT: sex, hate, alcohol, firearms and tobacco). Peakify will not send it without a written carve-out based on documented eligibility.

5. Channel rules, including what Meta and Telnyx require

Messages travel over third-party channels and carriers. You must follow each channel’s own rules as well as this AUP: the WhatsApp Business terms and messaging policy, the Instagram and Messenger platform policies, the Telnyx acceptable use and messaging policies, 10DLC campaign-registration rules for US texting, and CRTC anti-spoofing rules. Those third-party rules bind you even though you have not signed a separate agreement with Meta or Telnyx, and even where they are stricter than this AUP.

For WhatsApp, before any business-initiated message you must hold, and be able to produce, evidence that the recipient opted in to hear from your business on WhatsApp: the channel, the wording shown, the date and time, and the account that will message them. You must respect blocks, reports and opt-outs received through any channel, and record them so messaging stops everywhere.

If a channel partner suspends, throttles or de-registers your brand, number or campaign, Peakify may suspend the matching part of the Service immediately, without notice, until the issue is resolved with that partner. Our SMS Terms describe the text-message program in more detail.

6. AI rules

• Tell people they are talking to an AI. Where your configuration makes the Service generate an AI-authored reply or answer a call with an AI assistant, you are responsible for making sure the people you communicate with are told they are interacting with an AI system, where the law where they are requires it. The Service always discloses that it is an AI when asked and never claims to be a person; you must not configure it, or edit a greeting, to remove or contradict that.
• Do not present AI output as human-written. You must not tell a customer that an AI-generated message was written by a person.
• No impersonation. Do not configure prompts, knowledge-base entries or voice features to imitate a real, identifiable person other than yourself or your own staff, without that person’s demonstrable consent.
• No unsafe output. Do not write prompts or content intended to elicit unlawful output, instructions for violence or self-harm, or anything prohibited by section 2.
• You own the editorial decision. Subject to the limitations of liability in the Terms, you accept responsibility for any AI-generated message sent under your configuration, prompts, knowledge base or approved templates.
• Only your own website goes into the knowledge base. Nominate for import only a website you own or are authorized to have copied. The Service honours that site’s robots.txt. Do not nominate a competitor’s site or a site whose terms prohibit automated access.

7. Call recording and consent

Where you enable call recording, transcription or AI call summaries, you are responsible for obtaining whatever consent the law where your callers are requires. Canada is a one-party-consent jurisdiction for the Criminal Code, but Quebec and a number of US states require all parties to be told, so the Service’s default greeting tells callers the call may be recorded and summarized and gives them a way to decline. You must not remove that notice from a greeting, and you are responsible for telling your own staff that their calls through the Service are recorded.

Outbound calls to United States numbers are subject to the TCPA and state telemarketing laws, including the Do-Not-Call rules; outbound telemarketing calls to Canadian numbers require a National Do Not Call List subscription and scrubbing. Holding and honouring that consent is your responsibility.

8. Security rules

You must not, and must not let anyone else:

• run vulnerability scans, penetration tests or other security testing against the Service without our prior written permission and an agreed scope (see our Security Overview for how to report a vulnerability responsibly);
• scrape, crawl or systematically extract content or contact records from the Service other than through its documented export features;
• reverse-engineer the Service except to the extent the law expressly allows;
• share sign-in credentials or API keys between people; give each user their own login and remove it promptly when they leave;
• circumvent or interfere with authentication, rate limiting, billing, audit logging or any other security or operational control; or
• use the Service to attack, harass or send unlawful content to any other network or person.

9. Lists, consent and volume

• Consent hygiene. Message only people for whom you hold the consent or existing relationship CASL, the TCPA and any other applicable regime require, keep a contemporaneous record of it, and produce it to us on reasonable request.
• No list washing. Do not re-append, re-identify or otherwise process an unsubscribed or do-not-contact record in order to re-engage that person. An unsubscribe is permanent until the person affirmatively re-consents.
• No purchased or scraped lists. Do not upload or message contacts obtained by purchase, rental, scraping or third-party appends without consent.
• Opt-outs. The Service recognises common opt-out keywords (STOP and its variants) and suppresses further texts automatically. You must honour every other opt-out you receive, across every channel and campaign, promptly.
• Quiet hours. Do not send marketing messages outside the hours the recipient’s province or state permits (typically 9 a.m. to 9 p.m. local time). Replies inside a conversation the recipient started, and transactional or security messages, are not subject to this except where the law says otherwise.
• Volume. Peakify may set reasonable per-customer and per-campaign volume and throughput limits. Unusual activity may be throttled or reviewed, and we may ask for consent documentation.

10. Reporting and enforcement

Anyone may report a suspected breach of this AUP to support@peakifyhub.com. We may investigate, ask you for information, and inspect your content, configuration, prompts and logs as far as needed to decide whether a breach occurred; you must cooperate in good faith.

We may suspend or terminate access without prior notice where continued use poses an imminent risk of harm to a person, to Peakify or to a channel partner; where a carrier, regulator or court directs us to act; where the breach involves child sexual abuse material, malware or phishing, emergency-service impersonation or criminal harassment; or where your account is the subject of a credible, ongoing stream of complaints. For other breaches we will give you written notice and a reasonable period, generally seven to thirty days, to fix the problem before suspending or terminating.

You may appeal a suspension or termination in writing within thirty (30) days to the same address. A member of Peakify management not involved in the original decision reviews the appeal, and that decision is final.

Where Peakify terminates for breach of this AUP, prepaid fees and usage credits are not refunded and outstanding usage charges remain payable, in addition to any other remedy available to us. Sections 2, 3, 8, 10 and 11 survive termination.

11. Law enforcement and lawful demands

Peakify responds to production orders, warrants, subpoenas and other compulsory legal process in accordance with applicable law, and will not voluntarily disclose your data to law enforcement without one, unless we reasonably believe disclosure is necessary to prevent imminent danger to life or serious bodily harm or the law expressly permits it. Where lawful and practicable we will tell you about a demand affecting your account before producing data, so you can seek protection from a court. A demand aimed at data we hold for you as a processor is yours to answer; we will assist as the Data Processing Addendum requires.

12. Monitoring and changes to this AUP

Peakify is not obliged to monitor your content, prompts or outbound messages, and not enforcing this AUP in one case does not waive it in another. We may monitor for security, fraud, abuse, billing integrity, model safety and channel-partner compliance, including with automated tools.

We may update this AUP. A material change takes effect no earlier than thirty (30) days after we notify you by email or in-product notice, except where a change is needed immediately to address unlawful conduct, an imminent risk of harm, a change in the law or a binding direction from a regulator, court or channel partner. Continued use after a change takes effect is acceptance of it.

13. Contact

Reports, appeals and legal correspondence: support@peakifyhub.com. Registered office for legal service: Peakify Hub Inc., 214 Selkirk Avenue, Winnipeg, Manitoba, Canada R2W 2L6.