Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs your use of the LoyQo platform and is incorporated by reference into the Terms of Service. By using the Platform, you agree to comply with this AUP. Violation of this AUP may result in immediate suspension or termination of your account without refund.

1. Permitted Uses

You may use the Platform only for lawful purposes in connection with operating a legitimate loyalty program for your business customers. Permitted uses include:

• Enrolling customers who have voluntarily opted in to your loyalty program.
• Awarding and managing points and rewards for transactions made at your business.
• Sending transactional SMS/email messages related to loyalty activities (points earned, rewards redeemed).
• Sending marketing SMS campaigns to customers who have provided prior express written consent as required by the TCPA.
• Accessing analytics and reporting about your loyalty program's performance.

2. Prohibited Conduct

You agree that you will NOT use the Platform to:

2.1 Unlawful Activities

• Violate any applicable federal, state, or local law or regulation.
• Engage in fraudulent, deceptive, or misleading practices, including misrepresenting your business identity or the nature of a loyalty offer.
• Transmit, store, or distribute content that is defamatory, obscene, pornographic, or that promotes hatred or violence.
• Infringe on the intellectual property rights of any third party.
• Collect or process information of individuals under the age of 13 without verified parental consent under COPPA.

2.2 Unauthorized Communications

• No Spam: You must not send unsolicited bulk messages (SMS or email) to individuals who have not opted in to your communications.
• TCPA Compliance Required: You must obtain prior express written consent before sending any marketing text messages using an automatic telephone dialing system (ATDS) or a pre-recorded/artificial voice. This consent must be documented and retained.
• CAN-SPAM Compliance Required: Commercial email messages must comply with the CAN-SPAM Act, including providing a physical address and a working unsubscribe mechanism.
• Purchased Lists Prohibited: You must not upload purchased, harvested, or rented contact lists. All contacts must have voluntarily enrolled in your loyalty program and provided consent.
• Deceptive Subject Lines: You must not use false or misleading headers, subject lines, or sender names in any communication.

2.3 Security and System Abuse

• Attempt to gain unauthorized access to the Platform, its servers, or other user accounts.
• Introduce viruses, malware, ransomware, or any other harmful code.
• Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Platform or any third party.
• Use automated scripts, bots, or scrapers to access the Platform in ways that place excessive load on our infrastructure.
• Probe, scan, or test the vulnerability of the Platform without express written permission.
• Circumvent, disable, or interfere with security features, including two-factor authentication or rate limiting.

2.4 Data Misuse

• Use customer data collected through the Platform for any purpose other than operating your loyalty program (e.g., selling data to third parties).
• Fail to honor customer requests to access, correct, or delete their personal data in compliance with applicable privacy laws.
• Share Platform-obtained customer data with unauthorized third parties without the customer's consent.
• Retain customer data beyond the period necessary for the stated purpose or beyond what is permitted under applicable law.

2.5 Misrepresentation and Impersonation

• Impersonate LoyQo, LLC, LoyQo, any employee, or any third party.
• Misrepresent your identity, business type, or the nature of your loyalty program to customers or to us.
• Create multiple accounts for the same business to circumvent plan limits or access restrictions.

3. SMS Marketing Compliance in Detail

Given the significant statutory damages available under the TCPA (up to $1,500 per willful violation), we require strict compliance with the following:

• Written Consent: Obtain and document prior express written consent from each customer before sending marketing texts. Consent must be voluntary, specific, informed, and unambiguous. Consent cannot be a condition of purchase.
• Opt-In Language: The consent disclosure must clearly state: (1) who is sending messages; (2) that consent is not required to make a purchase; (3) message frequency; (4) "Message & data rates may apply"; (5) how to opt out (reply STOP); (6) how to get help (reply HELP); and (7) a link to your Privacy Policy.
• Opt-Out Processing: Process STOP requests within 10 business days. After opting out, send one confirmation message and then cease all marketing messages to that number.
• 10DLC Registration: If sending A2P messages in the United States, you must register your brand and campaign through the 10DLC (10-Digit Long Code) system with The Campaign Registry (TCR). Failure to register may result in carrier filtering of your messages.
• Quiet Hours: Do not send marketing messages before 8:00 a.m. or after 9:00 p.m. in the recipient's local time zone, as required by the TCPA.
• Record Keeping: Retain consent records for a minimum of 4 years after the last message sent to that contact.

4. Prohibited Content Categories

Certain content categories are strictly prohibited regardless of consent, including (but not limited to):

• Illegal drugs, controlled substances, or drug paraphernalia.
• Firearms, ammunition, or explosive materials in violation of law.
• Adult content, gambling, or sweepstakes (unless specifically licensed and compliant with all applicable regulations).
• Hate speech, harassment, or threatening language.
• Phishing, malware, or fraudulent promotions.
• Multi-level marketing (MLM) or pyramid scheme promotions.

5. Merchant Responsibilities

• You are solely responsible for all content sent through the Platform and for ensuring that your use complies with all applicable laws and regulations.
• You are responsible for the actions of your employees, contractors, and agents who access the Platform through your account.
• You agree to maintain appropriate internal policies and training to ensure compliance with this AUP.
• If you become aware of any violation of this AUP by your employees, agents, or customers, you agree to notify us promptly and take immediate corrective action.

6. Monitoring and Enforcement

LoyQo, LLC reserves the right (but has no obligation) to monitor use of the Platform for compliance with this AUP. If we determine that you are in violation of this AUP, we may, in our sole discretion and without prior notice:

• Suspend or terminate your account without refund.
• Remove or disable access to violating content.
• Report violations to law enforcement or regulatory authorities.
• Cooperate with legal investigations involving your use of the Platform.

We also reserve the right to modify sending limits, disable features, or take other technical measures to prevent abuse that harms the Platform, our reputation with carriers, or other users.

7. Reporting Violations

If you believe someone is using the Platform in violation of this AUP, please report it to us at abuse@loyqo.com. Include as much detail as possible, including the nature of the violation and any supporting evidence.

8. Modifications

We may update this AUP at any time. Continued use of the Platform after changes are posted constitutes acceptance of the revised AUP. Material changes will be communicated via email.

9. Contact

For questions about this AUP, contact:
LoyQo, LLC
Email: abuse@loyqo.com