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Privacy

Acceptable Use Policy

Last Updated: May 20, 2025

Heymarket (“we,” “us,” or “our”) is a business texting and e-mail platform that helps businesses manage and send texts and emails to customers, prospects, and employees. Our mission is to enable businesses to engage responsibly with their audiences in compliance with applicable laws and regulations. By using our Services, you agree to abide by this Acceptable Use Policy (the “Policy”). Any violation of this Policy may result in suspension or termination of access to the Services. This Policy forms part of, and is incorporated by reference into, the Heymarket Terms of Service (available at: https://www.heymarket.com/tos/).

1. Scope and Acceptance

This Policy applies to your access and use of Heymarket’s products, services, and websites (collectively, the “Services”). It outlines activities and content that are prohibited when using our Services, including but not limited to sending texts, emails, or other mobile communications. By using our Services, you agree to this Policy. Violations may result in suspension, termination, or other legal consequences, at our sole discretion.

You must comply with all applicable legal and industry regulations concerning SMS/MMS, email, and other mobile marketing, including restrictions on unsolicited communications, appropriate message content, and opt-out mechanisms, and all applicable guidelines published by the CTIA and any wireless carriers.

2. Prohibited Spam and Unsolicited Messaging

Heymarket has a no tolerance spam policy. “Spam” is any Unsolicited messaging by any channel, such as text or email. “Unsolicited” means the recipient has not specifically opted in to receive messages from you or otherwise provided express permission.

Restrictions You may not use the Services to:

  • Send Unsolicited messages or email in bulk or individually where the recipient has not consented to receive such communications.
  • Send messages to email addresses or phone numbers gathered through internet-based harvesting, scraping methods, or purchased lists.
  • Send messages that violate the CAN-SPAM Act, TCPA, CTIA guidelines, or any other applicable law or industry standard
  • Send deceptive, abusive, or fraudulent content or promotions.
  • Intentionally evade spam filters or detection mechanisms.

Consent and List-Gathering

  • Only contact individuals who have explicitly opted in to receive messages from your business and have not unsubscribed.
  • Do not use purchased, rented, or shared lists to send messages through our Services.
  • If you have not contacted a new recipient within a reasonable period of time after gaining consent, you must reconfirm consent before sending any marketing or promotional messages.

3. Prohibited Activities and Content

In addition to the above, you may also not use our Services to:

  • Engage in illegal activities,
  • Encourage, engage in, promote, distribute, or otherwise facilitate any unlawful activity, including but not limited to activities that violate local, national, or international laws (e.g., fraud, data theft, controlled or illegal substances, child exploitation).
  • Facilitate hate, violence, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Encourage or aid in activities that violate applicable laws or regulations.
  • Promote obscene, sexually explicit, or otherwise inappropriate content.
  • Infringe on the intellectual property rights of others, including reproducing, distributing, or using protected content without permission.
  • To promote get-rich-quick schemes, payday loans, or fraudulent financial products.
  • Permit or encouraging hacking, malicious code, or network attacks.
  • Display or distributing illegal goods or instructions (e.g., bombs, weapons).
  • Provide, sell, or offer to sell any mailing list or personal data.
  • Engage in promotions for the primary purpose of affiliate marketing, including but not limited to communications where you have no direct relationship to the promoted product or service other than affiliate commissions or links.
  • Offer products related to gambling services or products, including but not limited to online poker, casino games, lotteries, college and pro sporting events and betting tips.
  • Promote high risk financial services, including but not limited to debt relief and credit repair (including collection and forgiveness), payday loans, short-term high-interest loans, and third-party loans.

4. Text-Messaging and Mobile Communications

You must obtain prior express consent from the recipient before sending SMS, MMS, or any text-based communication. This requirement does not apply if the contact is initiated by the recipient or if the message is purely informational based on a prior relationship. You must retain evidence of consent, such as timestamps or signed documentation. Your initial message must provide opt-out instructions, such as “Reply STOP to unsubscribe.” Upon receiving an opt-out request, you must cease sending non-exempt messages immediately (with the exception of a one-time confirmation of opt-out). If your content includes adult or otherwise age-restricted material, you must ensure all recipients are of legal age in their jurisdiction.

5. E-Mail Usage

You must have explicit or implied consent from all recipients of marketing or commercial emails. The sender must maintain proof of consent, such as signup timestamps or related records. Emails must contain a clear mechanism for recipients to opt out, and unsubscribe requests must be processed without delay. Subject lines or content must not be deceptive, misleading, or fraudulent. You may not acquire email addresses through scraping or from third-party lists of questionable origin. You are responsible for keeping email lists updated and ensuring that bounce rates and spam complaints are not excessively high. Repetitive or disruptive emails, particularly to recipients who have expressed disinterest, are prohibited.

6. Consequences of Violations

We have the right, but not the obligation, to monitor or investigate your use of the Services at any time for compliance with this Policy, our Terms of Service, or any other agreement between you and us governing your use of the Services. In accordance with our Terms of Service, Heymarket shall be entitled, without liability to you, to immediately suspend, terminate, or limit your access to the Services at any time in the event that Heymarket determines, in its sole discretion, that you have violated any part of this Policy, whether within or outside of your use of the Services, or that you have authorized or helped others to do so. We reserve the right to report any illegal activities to the relevant authorities. Please report any suspected abuse to security@heymarket.com. ISPs and Blacklist administrators may contact us at security@heymarket.com.

7. Revisions to this Policy

We may update or revise this Policy from time to time by posting an updated version and indicating the date of the most recent update. Continued use of the Services after such modifications constitutes acceptance of the revised Policy.