Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes activities that are not allowed in connection with your use of the Sinch Email Services. The AUP is incorporated by reference in your Agreement with Sinch Email.

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable measures, restrictions or conditions on your use of our Services by publishing a revised version of the AUP at https://www.mailgun.com/aup, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.

If you breach this AUP (in whole or in part), we may limit, suspend, or terminate your account in accordance with the Agreement, including the Terms of Use. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP. No credit will be available under the Agreement for interruptions of Service resulting from any AUP violation.

The determination of whether and to what extent a customer’s act or omission and is in violation of this AUP will be made at our sole discretion.

1) Requirements.

Customer will follow these guidelines when sending emails using the Service:

1a – All email sending metrics to remain within Sinch Email’s thresholds:

*Sinch Email reserves the right to update the parameters of the acceptable sending threshold without prior notice.

1b – Acquiring or sending to a third-party mailing list is prohibited. Use of contact lists that are bought, rented or scraped from third-parties is prohibited by law in most countries, and is absolutely prohibited on Sinch Email servers.

1c – Emails and SMS (unless transactional) can only be sent where permission has been expressly obtained in nature, and can only be sent to recipients who have granted clear, explicit and provable consent to receive communication. This consent should be granted through a confirmed single or double opt-in system that clearly expresses the topic of the subscription on an online or offline form via an unmarked by default checkbox.

1d – Proof of consent must be provided in the event of an escalated abuse complaint. We take escalated abuse complaints received from recipients very seriously. At any given moment, you must be able to provide information regarding all email addresses and/or telephone numbers to which you’ve sent emails and/or SMS through the platform (including the basis of the obtained consent, when and how the email address or telephone number was collected, and any other pertain proof of legal permission to contact the recipients).

1e – An unsubscribe link must be included in every marketing email campaign. All marketing campaigns must include a clear and concise link for recipients to easily opt-out of receiving future communication. The link must be easy for anyone to recognize, read, and understand. You must honor unsubscribe requests without undue delay. Note that transactional and confirmation emails and SMS do not require an unsubscribe link.

1f – Sender name and status must be clearly communicated in every email message. “From”, “To” and “Reply-To” fields must accurately and clearly identify the sender’s domain name and email address. When sending from a different domain name on behalf of a partner or related third-party organization, the email body must clearly communicate that the message is sent via a third-party domain. Any third-party domains must also be validated by the sender.

1g – Readily publish on your website and comply with a privacy policy that meets legal requirements and include a link to that policy in the body of each email.

2) Prohibited Behavior

You may not use our platform or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including (but not limited to):

2a – Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data privacy laws and laws relating to unsolicited commercial electronic messages;

2b – Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;

2c – Any activity which might reasonably be considered: (i) to be illegal, immoral, unethical, deceptive, scandalous, fraudulent, offensive and/or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Sinch Email or any of our Services, networks, platforms, group companies or customers.

2d – Interference with the Services. Interfering with or otherwise adversely impacting any aspect of the Services, our overall business and operations, or any third-party or our network or platform that are linked to the Services.

2e – Any activity or conduct that is not likely to be consistent or in conflict with our Services, products, network, platform or the design, documentation, features and intent.

3) Prohibited Content

You may not publish, transmit or store on or via the Services any content or links to any content that Sinch Email reasonably believes is illegal, harmful, unwanted, or otherwise poses a threat to the public. Moreover and unless the sender gives us sufficient and specific guarantees at our sole discretion, we do not work in principle with senders who promote the following activities or sends content, whether permitted by law or not, that includes the following, but is not limited to:

• Any payday loans, debt collection agencies, affiliate marketing, or anything that can be considered abusive or dishonest;

• Any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed;

• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;

• Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;

• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

• Is defamatory or violates a person’s privacy; or

• Is otherwise malicious, fraudulent, morally repugnant.

4) Excessive Use of Shared or Free System Resources

You may not use any shared system provided by Sinch Email in a way that unnecessarily or adversely interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your application if it unnecessarily conflicts with other Sinch Email customers’ use of the Services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

You may not sign up or use more than one of our free accounts for each of our respective email platforms regardless of your corporate structure, or actual or intended use case without our prior written consent (for example, you may not set up a free account for each of your customers and may only set up one account for your company).

5) email validation Requirements

Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ email verification features or functionality, you may not:

5a – Use the Services to verify the email address(es) of any person who has not affirmatively consented (i.e., opted-in) to, or who has expressly opted-out from receiving email communications from you;

5b – Use the Services to validate email addresses that were purchased, rented or similarly obtained from a third party (i.e., third party email lists); or,

5c – Use the Services to harvest or generate email addresses or otherwise determine the existence of unknown email addresses.

6) Inbox Placement Requirements

Without limiting the application of any other provisions of this AUP, with respect to any of the Services’ Inbox Placement features, you may only:

6a – Send emails to your seed list when conducting an inbox placement test; and

6b – Update your seed list every 30 days from the most recent list we provide to you

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Third Party Conduct

You are responsible for violations of this AUP by anyone using your Services with or without your permission, including any use on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is also a violation of the AUP.

You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

Other

You may only use IP addresses assigned to you by Sinch Email in connection with your Sinch Email Services. You agree that if you register a DNS record or zone on Sinch Email managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Sinch Email may modify, transfer, or delete such records or zones. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.

Last revised January 16, 2023. To see the previous terms, please click here.