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Acceptable Use Policy

This Acceptable Use Policy describes what is permitted and prohibited when using the services provided by Marketiki.

If you have any questions about this Policy, wish to report a violation, or need clarification, you may contact us at:
sales@marketiki.com

 

General Principles

Marketiki provides access to its software platform (“Smart Promo Marketing”), which enables businesses to create and manage digital campaigns.

You are solely responsible for how you use the platform and for ensuring that your activities comply with all applicable laws and regulations.

 

Enforcement

Marketiki reserves the right, at its sole discretion, to determine whether your use of the services violates this Acceptable Use Policy.

In doing so, Marketiki may review campaign content and usage strictly for compliance purposes, in accordance with the Terms & Conditions or any applicable agreement.

 

Legal Compliance and Disclosure

If required by applicable law, regulation, legal process, or governmental request, Marketiki may disclose information necessary to:

  • comply with legal obligations

  • enforce this Policy or other agreements

  • protect rights, safety, or security

  • defend legal claims

Any such disclosure will be limited to what is legally required and proportionate.

 

No Waiver

Failure by Marketiki to enforce any provision of this Policy at any time shall not be considered a waiver of its rights.

 

User Responsibility and Indemnification

You agree to indemnify and hold harmless Marketiki from any third-party claims, damages, or costs (including legal fees) arising from:

  • your violation of this Policy

  • your misuse of the platform

  • your failure to comply with applicable laws

This applies to the extent permitted under applicable law and subject to the limitations set out in the Terms & Conditions.

 

Updates to this Policy

Marketiki may update this Acceptable Use Policy from time to time.

If changes materially affect your rights or obligations, you will be notified where appropriate.

Continued use of the services constitutes acceptance of the updated Policy.

 

Important Notice

The examples of prohibited activities provided in this Policy are illustrative and not exhaustive.

You are solely responsible for ensuring that your use of the platform — including any email, SMS, push notifications, or other communications — complies with all applicable laws and regulations.

We strongly recommend seeking independent legal advice where necessary.

Prohibited Use

Without limitation to the foregoing, your use of the Services, including the content of any communications sent through the Services, must not:

  • be false, inaccurate, misleading, or fraudulent, including by creating a false identity, using forged contact details, or misleading recipients as to the sender, origin, or content of a communication;

  • infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights;

  • violate any applicable law, regulation, or legal requirement, including laws relating to consumer protection, privacy, data protection, unfair competition, anti-discrimination, false advertising, or export control;

  • be defamatory, unlawful, threatening, abusive, or harassing;

  • involve any activity prohibited, restricted, or regulated by any competent authority, regulator, telecom operator, carrier, platform, or similar body in any applicable jurisdiction;

  • contain obscene content, child sexual abuse material, or any other unlawful sexual content;

  • contain malware, viruses, Trojan horses, worms, time bombs, cancelbots, or any malicious code intended to damage, disrupt, intercept, or expropriate systems, data, or personal information;

  • create liability for Marketiki or negatively affect the availability of services provided by internet service providers, partners, affiliates, users, or suppliers;

  • violate any applicable carrier rules, platform rules, industry standards, best practices, or third-party requirements communicated by Marketiki;

  • adversely impact the availability, reliability, or stability of the Services;

  • launch, assist, or facilitate any denial-of-service attack or similar attack against the Services or any third-party system;

  • attempt to bypass, disable, or compromise any security feature of the Services, or use the Services in any manner that creates a security or service risk for Marketiki, other users, or their customers;

  • reverse engineer, decompile, disassemble, or otherwise attempt to discover vulnerabilities, limitations, or methods of circumventing the Services or any associated monitoring, filtering, or security capabilities;

  • authorize, enable, induce, or encourage any third party to do any of the foregoing; or

  • use the Services, or any part thereof, in any manner not expressly authorized by Marketiki.

 

Common Mistakes and Practical Guidelines

We provide software tools and general guidance, but you remain solely responsible for ensuring that your use of the Services is lawful.

The following are common examples of prohibited or high-risk conduct.

 

1. Disregarding Applicable Laws

Restrictions may apply depending on the country in which you operate campaigns or send communications.

Any support materials, documentation, or guidance provided by Marketiki are for general informational purposes only and do not constitute legal advice.

You are responsible for obtaining independent legal advice where necessary and for ensuring that your activities comply with all applicable laws and regulations.

 

2. Misrepresenting Your Identity (Spoofing)

You must not misrepresent your identity when sending messages or communications through the platform.

This includes, without limitation:

  • spoofing sender IDs

  • falsifying email headers

  • using misleading sender details

  • presenting yourself as another person or brand without authorization

As a best practice, you should clearly identify your business or brand in each communication and retain evidence of authorization where you act on behalf of a third party.

 

SMS and Email Marketing

3. Sending Unsolicited Messages Without Prior Consent

You must only send SMS, email, push notifications, or similar communications to recipients who have validly opted in or where another lawful basis exists under applicable law.

Consent must not be assumed merely because contact details are publicly available.

You must not:

  • collect phone numbers or email addresses from public sources and add them to marketing lists without authorization;

  • purchase or use third-party contact lists where consent or lawful basis cannot be demonstrated;

  • contact recipients listed on applicable do-not-call, do-not-disturb, suppression, or similar registries in violation of applicable law.

You are responsible for maintaining records of consent or other lawful basis and for being able to provide reasonable evidence upon request.

Marketiki reserves the right to request proof of consent, campaign context, or sample messages where complaints arise or where misuse is reasonably suspected.

Failure to provide reasonable evidence within twenty-four (24) hours of request may result in suspension or deactivation of your account.

If complaints are received, or if your conduct is reasonably believed to violate this Policy, the Terms & Conditions, or applicable law, Marketiki may suspend, restrict, or terminate access to the Services.

Do not send excessive, repetitive, abusive, or unlawful communications. Some countries also restrict the time of day during which certain types of marketing communications may be sent.

 

4. Sending Mass Marketing or Bulk Messaging

Bulk messaging is subject to legal, carrier, and platform restrictions that may vary by jurisdiction.

Additional requirements may apply depending on:

  • destination country

  • message volume

  • sender identity

  • channel used

  • local carrier or platform policies

Operators, carriers, or service providers may filter, block, or reject communications that do not comply with their rules or applicable laws.

You remain solely responsible for compliance.

 

5. Fraud, Phishing, and Deceptive Conduct

Fraudulent or deceptive use of the Services is strictly prohibited.

You must not use the Services to collect confidential or sensitive information through misleading messages, false pretenses, or unlawful requests.

If Marketiki receives a credible report of fraud, phishing, or similar misconduct, it may investigate and take any action it considers appropriate, including suspension or termination of access.

 

6. Harassment, Objectionable, or Unlawful Content

You must not send, upload, distribute, or otherwise use the Services to transmit content that:

  • promotes or facilitates illegal activity;

  • is threatening, abusive, harassing, or hateful;

  • is discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or any other protected characteristic;

  • is defamatory, malicious, or otherwise unlawful;

  • is likely to cause unlawful harm or serious offense in violation of applicable law.

You are solely responsible for the legality and appropriateness of all content transmitted through the Services.

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