Acceptable Use Policy

ACCEPTABLE USE POLICY

Last Updated: July 7, 2025

This ACCEPTABLE USE POLICY (“AUP”) is incorporated into and forms part of the Service Terms (the “Agreement”) between Mogli Technologies, LLC a Delaware Limited Liability Company (“Company”) and the client identified in the SOF (“Client”). Capitalized terms used in this AUP but not defined have the meanings given to them in the Agreement.     

• 1.1   “Applicable Messaging Laws” means all laws, rules, or regulations related to the sending or receiving of text messages, including without limitation the CTIA’s Messaging Principles and Best Practices, state and national Do Not Call Registries; the CAN-SPAM Act; the Telephone Consumer Protection Act; the Telemarketing Sales Rule; the FTC staff guidelines for online negative option marketing disclosures; the FTC “Dot Com Disclosures” guidelines; any guidelines set forth by the Mobile Marketing Association; the Canada Anti-Spam Law; the EU’s Electronic Communications Directive 2002/58 and the implementing laws thereunder of the EU’s Member States; the General Data Protection Regulation (2016/679); the ePrivacy Regulation upon its effective date; and any other international, federal, state, or local laws analogous or related to the foregoing laws and rules. 

• 1.2. “Service Providers” means the communications carriers, data center, co-location and hosting services providers, content providers, or any other third-party providers that Company uses in connection with the Services.

2. General. Client acknowledges that the Messaging Services are a passive conduit for the distribution and transmission of Client Data to Client’s customers and other third parties to whom Client wishes to contact (collectively, “Recipients”). Client understands that some Messaging Services features (a) are dependent on Client’s ability to obtain sufficient prior express written consent, opt-in, or authorizations of Recipients as described in Section 3 of this AUP; and (b) will not function if a user “opts out” of or “unsubscribes” from receiving such messages. Client acknowledges and agrees that with respect to messages sent through the Platform on Client’s behalf, Company will not be considered the maker, dialer, or initiator of the messages for purposes of the Text Messaging Rules. Client acknowledges and agrees that Client will be deemed the maker, dialer, or initiator of such messages and shall be solely responsible for complying with obligations under the Text Messaging Rules as a maker, dialer, or initiator. Client will be liable for any loss or damage incurred due to any Client Data, including any errors or omissions or any defamatory, discriminatory, malicious, deceptive, libelous, or unlawful content in any Client Data or transmission thereof, or for any loss or damage incurred as a result of the use of any Client Data sent, accessed, posted, or otherwise transmitted via the Platform. Client will be liable for, and shall pay for, any fines, penalties, fees, and surcharges imposed by Services Providers as a result of Client’s use of the Messaging Services.

3. Client Responsibilities. 

• 3.1.  Client shall be solely responsible for selection of the Recipients of the Messaging Services. Client shall comply with all Applicable Messaging Laws and Service Provider policies and requirements in connection with the Messaging Services. Client represents and warrants that for each Recipient that Client contacts via the Messaging Services Client has obtained the appropriate consent, opt-in, and authorizations of the Recipient to be contacted by Company on behalf of Client through the Messaging Services as requested by Client.

• 3.2.  Client shall not contact any Recipient that is listed or has requested to be listed on Client’s internal or entity specific “unsubscribe” or “do not call list.” Client represents and warrants that no contact information provided to Company for the Recipient is on the do not call list for public safety answering points maintained by the Federal Communications Commission. Client shall be solely responsible for obtaining and maintaining valid subscriptions to the National Do Not Call Registry and any applicable state do not call registries as required by federal and applicable state do not call laws and regulations.

• 3.3.  If any Applicable Messaging Laws are: (a) amended or modified; (b) enacted or implemented; or (c) subject to a change in interpretation under an order or ruling of a court or regulatory agency with proper jurisdiction, upon becoming aware of such amendment, modification, enactment, implementation, or change in interpretation Client shall thereafter supply only Recipients to Company that satisfy all applicable conditions and criteria such that Company contacting the Recipient as provided under this Agreement will not violate any Applicable Messaging Laws as they apply after such amendment, modification, change in interpretation, enactment, or implementation has taken effect.

4. Service Provider Terms. If Client accesses or uses any features of the Services that incorporate Service Provider services (including generative AI tools) provided by Google (including Gemini) or Anthropic (including Claude), Client shall comply with any obligations and restrictions applicable to end users set forth in the following terms, as applicable: https://developers.google.com/terms, https://ai.google.dev/gemini-api/terms, and https://www.anthropic.com/legal/commercial-terms. In connection with such use, Client acknowledges and agrees that it consents to any rights granted to the applicable third-party provider to the extent such rights arise from Client’s use of the relevant Service Provider services. For clarity, Client is not subject to this Section 4 where Client uses its own separately licensed, enterprise third party service providers (including generative AI providers) in connection with the Services, and does not access or use the Service Provider-powered services (including generative AI tools) made available by Company as part of the Services.

5. User IDs. Client is responsible for maintaining the confidentiality of all User log-in account credentials and passwords (collectively “IDs”) and will immediately notify Company of any unauthorized use of IDs or any other breach of security relating to the Platform known to Client. Client shall not (and shall ensure that its Users do not) share IDs with any other User or third party. Client shall immediately notify Company of any unauthorized use or disclosure of an ID. Company reserves the right (in its sole discretion) to change or disable any of the IDs used in connection with the Platform where Company suspects (acting reasonably) there has been an attempted or actual security breach or to ensure the security of the Platform.