Anti-Spam & Acceptable Use Policy

This Policy applies to BuiltCold’s outreach and marketing services, including done-for-you business-to-business (“B2B”) cold email, phone outreach and prospecting, and the local-business messaging tools described in this Policy (together with all related services described in the Terms, the “Services”), and to each Client’s access to and use of those Services.

This Policy is incorporated into the Terms by reference and forms part of them. By engaging or continuing to engage the Services, or by otherwise accepting the Terms, you accept and agree to be bound by this Policy. In the event of a conflict between this Policy and the Terms, the Terms control except with respect to the specific messaging-compliance and acceptable-use matters addressed in this Policy, which control to the extent of the conflict.

This Policy allocates compliance responsibility between BuiltCold and the Client. Except where BuiltCold expressly agrees otherwise in writing, the Client is solely responsible for the lawfulness of its offer, its messaging, its recipient data, and its use of the Services, as further described in Clause 5 of the Terms (Client Responsibilities and Compliance Representations).

BuiltCold may update this Policy from time to time by posting the updated Policy and updating the “Effective Date” above, consistent with the process for changes set out in the Terms. The Client’s continued use of the Services after an updated Policy takes effect constitutes acceptance of the updated Policy.

The Services are designed to support compliance with the U.S. CAN-SPAM Act (15 U.S.C. Chapter 103) for commercial email sent from the United States. Each commercial email message sent through the Services is intended to include:

1. (a)accurate and non-deceptive “from”, “to”, routing, and header information that correctly identifies the sender;
2. (b)subject lines that are not false or misleading and that accurately reflect the content of the message;
3. (c)the Client’s valid business physical postal address;
4. (d)clear identification of the message as a commercial communication where required; and
5. (e)a functioning opt-out mechanism and prompt honoring of opt-out and unsubscribe requests.

The Client must provide, and keep current and accurate, a valid business physical postal address for inclusion in messages, and must promptly provide any information BuiltCold reasonably requires to support compliance. BuiltCold is not responsible for the consequences of an address that is inaccurate, out of date, or not a genuine business address of the Client.

Opt-out and unsubscribe requests, and abuse or spam complaints, are honored promptly, and the relevant address is added to BuiltCold’s suppression records as described in Clause 6. The Client must not re-add, or instruct BuiltCold to re-add, any recipient who has opted out, and must not send, request, or approve any further messaging to a recipient who has opted out or complained.

The B2B cold email Service is for business-to-business outreach only. Messages are directed solely at business recipients with a plausible professional interest in the Client’s offer. The Client must not use the B2B cold email Service to send commercial messages to consumers, to personal email addresses used for non-business purposes, or to any recipient the Client knows or should reasonably know is not a business contact.

The Client must not provide, request, or approve any content that is false, misleading, deceptive, or otherwise unlawful. BuiltCold may decline to send, or may modify, pause, or suspend, any messaging that it considers, in its sole discretion, to be non-compliant or to present a deliverability, reputational, or legal risk.

Certain local-business tools offered by BuiltCold send text messages or emails to a Client’s own customers or contacts, who may be consumers. These tools include, without limitation, missed-call text-back (an automatic text message to a caller the Client missed), automated Google review requests, and past-customer reactivation campaigns (together, the “Consumer-Messaging Tools”).

Messages sent through the Consumer-Messaging Tools may be subject to the U.S. Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, and applicable state telemarketing, messaging, and privacy laws. These laws impose requirements that are materially stricter than those for B2B outreach, including requirements for prior consent before certain messages may be sent.

The Client is solely responsible for obtaining and maintaining all consents required for the Consumer-Messaging Tools, including, where applicable, prior express consent (and, where required, prior express written consent) from each recipient before any message is sent to that recipient. The Client represents, warrants, and undertakes that it has obtained all such consents and has a lawful basis for each message sent on its behalf, and that it will provide evidence of such consent to BuiltCold on request.

The Client is responsible for ensuring that the contacts it supplies or directs BuiltCold to message through the Consumer-Messaging Tools are the Client’s own customers or contacts who have provided the required consent. The Client must not use the Consumer-Messaging Tools to message purchased, rented, scraped, or third-party consumer lists.

Every message sent through the Consumer-Messaging Tools must include a clear and conspicuous means to opt out, including, for text messages, the ability to reply “STOP” (or a comparable keyword). BuiltCold and the Client will honor STOP and other opt-out requests promptly, and the relevant number or address will be suppressed from further messaging as described in Clause 6.

As a matter of good practice, and subject to any stricter requirement under applicable law, messages sent through the Consumer-Messaging Tools should be sent only during reasonable local hours for the recipient (for example, avoiding messages before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time zone), and at a frequency that is not excessive or harassing. The Client is responsible for configuring or approving quiet-hours and frequency settings consistent with applicable law and this good practice.

BuiltCold’s phone-outreach and prospecting activities consist of business-to-business calls placed to business telephone numbers. Those numbers are built from publicly available business data (for example, public business listings and map data) and are used to reach business owners and decision-makers in a professional capacity.

BuiltCold and its Clients will honor do-not-contact and do-not-call requests. Where a business recipient asks not to be contacted again, that request will be recorded and the recipient will be added to the relevant do-not-contact and suppression records as described in Clause 6.

The phone-outreach Service is for B2B calls only. BuiltCold does not use, and the Client must not use or direct BuiltCold to use, the phone-outreach Service for consumer telemarketing, for calls to residential or personal telephone numbers, or for calls to any number listed on an applicable do-not-call registry where such a call would be unlawful.

The Client is responsible for ensuring that any calling scripts, offers, or claims it supplies or approves are accurate, non-deceptive, and lawful for B2B outreach.

The Client must use the Services only for lawful business purposes and in accordance with this Policy and the Terms. Without limiting BuiltCold’s general and unrestricted right to refuse, suspend, limit, or terminate the Services set out in Clause 4 of the Terms (Right to Refuse, Suspend, or Terminate Service), the Client must not use the Services, and must not provide, request, or approve any content or use case, that:

1. (a)relates to any illegal or immoral industry, including but not limited to pornography, adult content, or gambling;
2. (b)is false, misleading, deceptive, fraudulent, or otherwise unlawful, or that promotes a scam or deceptive scheme;
3. (c)contains or distributes malware, spyware, ransomware, viruses, or other harmful code, or that constitutes phishing, spoofing, or any attempt to obtain credentials or sensitive information by deception;
4. (d)harasses, threatens, defames, or abuses any person, or that is intended to intimidate or coerce;
5. (e)relies on purchased, rented, scraped, or otherwise unlawfully obtained consumer contact lists, or on any contact data obtained or used in violation of applicable law or a third party’s terms of service, for the purpose of sending spam or unsolicited messages;
6. (f)infringes or misappropriates any third party’s intellectual property, privacy, or other rights; or
7. (g)would cause BuiltCold to violate any applicable law, any policy of a mailbox provider, carrier, or sending platform, or any agreement to which BuiltCold is subject.

BuiltCold may, in its sole and absolute discretion, refuse to provide, or cease providing, the Services to any Client or for any content, offer, industry, or use case, consistent with Clause 4 of the Terms. BuiltCold is not required to provide any justification for exercising this right, and the grounds listed in this Clause 5 are illustrative and non-exhaustive.

BuiltCold may, but is not obligated to, monitor, review, screen, or reject any Client data, content, campaign, or use case. Any such review does not relieve the Client of its responsibilities under this Policy or the Terms, and the absence of review does not imply approval.

Opt-out, unsubscribe, do-not-contact, and abuse or complaint requests may be directed to BuiltCold at reports@builtcold.io. Recipients may also opt out using the mechanism provided in the relevant message (including, for text messages, by replying “STOP” or a comparable keyword).

BuiltCold honors valid opt-out, unsubscribe, and do-not-contact requests promptly. On receiving such a request, BuiltCold adds the relevant email address, telephone number, or other identifier to its suppression and do-not-contact records so that the recipient is not contacted again through the applicable campaign or Service.

BuiltCold aims to process and suppress valid opt-out and unsubscribe requests promptly and, in any event, within the time required by applicable law (for commercial email subject to the CAN-SPAM Act, no later than ten (10) business days after the request). STOP and other text-message opt-outs are suppressed promptly upon receipt.

On receiving an abuse complaint or a report of suspected non-compliant messaging, BuiltCold reviews the complaint and takes appropriate action, which may include suppressing the recipient, pausing or modifying a campaign, investigating with the relevant Client, and cooperating as appropriate with lawful requests.

The Client must promptly provide, and keep current, its own suppression, do-not-contact, and opt-out lists, and must promptly forward to BuiltCold any opt-out, unsubscribe, do-not-contact, or complaint request it receives directly, so that the request can be honored across the Services.

A breach of this Policy is a breach of the Terms. BuiltCold may refuse, decline, suspend, limit, or terminate the Services, in whole or in part, for any violation of this Policy, in accordance with Clause 4 (Right to Refuse, Suspend, or Terminate Service) and Clause 10 (Suspension and Termination) of the Terms. BuiltCold may exercise these rights before, during, or after any engagement, including after payment has been made, and is not required to provide any justification for doing so.

Without limiting Clause 7.1, BuiltCold may immediately suspend or pause a campaign, decline to send messaging, or remove recipients where it considers, in its sole discretion, that a violation of this Policy has occurred or is likely to occur, or that continued sending presents a deliverability, reputational, or legal risk.

The Client shall defend, indemnify, and hold harmless BuiltCold and the other Indemnified Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, penalties, fines, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to the Client’s violation of this Policy, in accordance with and subject to Clause 13 (Indemnification) of the Terms.

The exercise or non-exercise of any right under this Policy or the Terms in any instance does not waive BuiltCold’s right to exercise it in any other instance.

Questions about this Policy may be directed to BuiltCold at hello@builtcold.io.

Opt-out, unsubscribe, do-not-contact, and abuse or complaint requests should be directed to reports@builtcold.io.

BuiltCold’s contact details are: