ACCEPTABLE USE POLICY

Last updated May 10, 2023



This Acceptable Use Policy ("Policy") is part of our Terms of Service ("Legal Terms") and should therefore be read alongside our main Legal Terms: http://www.leadngage.com/termsofservice. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.

Please carefully review this Policy which applies to any and all:

(a) uses of our Services (as defined in "Legal Terms")
(b) forms, materials, consent tools, comments, post, and all other content available on the Services ("Content") and
(c) material which you contribute to the Services including any upload, post, review, disclosure, ratings, comments, chat etc. in any forum, chatrooms, reviews, and to any interactive services associated with it ("Contribution").


WHO WE ARE

We are Salesngage Inc., doing business as Leadngage ("Company," "we," "us," or "our") a company registered in Georgia, United States at 1200 Commerce Dr, Peachtree City, GA 30269. We operate the website https://leadngage.com (the "Site"), the mobile application LeadConnector, a third party application owned by HighLevel Inc., (the "App"), as well as any other related products and services that refer or link to this Policy (collectively, the "Services").


USE OF THE SERVICES

When you use the Services you warrant that you will comply with this Policy and with all applicable laws.

You also acknowledge that you may not:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. 
  • Engage in unauthorized framing of or linking to the Services.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our Services, including our support services or submit false reports of abuse or misconduct. 
  • Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person. 
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Sell or otherwise transfer your profile.
If you subscribe to our Services, you understand, acknowledge, and agree that you may not, except if expressly permitted:
  • Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of Salesngage Inc., which consent Salesngage Inc. may grant or refuse in its sole and absolute discretion.
  • Reconstruct or attempt to discover any source code or algorithms of the Services, or any portion thereof, by any means whatsoever.
  • Provide, or otherwise make available, the Services to any third party.
  • Intercept any data not intended for you.
  • Damage, reveal, or alter any user's data, or any other hardware, software, or information relating to another person or entity. 
  • You agree that you will not use the Services to transmit or store any content or communications that contain prohibited content, including, but not limited to:. 
  • Inappropriate content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. 
  • SPAM (i.e., unwanted messages such as but not limited to unsolicited bulk commercial messages). 
  • Fraudulent or misleading messages. 
  • Depictions or endorsements of violence. 
  • Profanity or hate speech. 
  • Messages related to cannabis or CBD (content must be legal across all 50 U.S. states and the District of Columbia). 
  • Other content not allowed by U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) and Canadian Carriers, such as: high-risk financial services (payday loans, short term-high interest loans, third party mortgage loan, student loans, third party auto loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, prescription medications, gambling, and certain categories without proper age gating procedures (i.e. firearms, alcohol, tobacco (vaping is prohibited)).


COMMUNITY/FORUM GUIDELINES

Users are solely responsible for obtaining all necessary and appropriate rights, licenses and consents from those persons and entities with whom you message or otherwise communicate with via the Services, prior to commencing any such messaging or communication. Users are prohibited from: - engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”; - sending unwanted messages to individuals who have asked to stop receiving messages through any medium; - sending unsolicited email or text messages to email addresses or phone numbers that you do not know; - using the Services to send emails or text messages to contacts from purchased, rented, or borrowed lists; - using the Services to make telephone calls to phone numbers you do not know or contacts from purchased, rented, or borrowed lists; - sending email to lists that are likely to result in an excessive number of unsubscribe requests or SPAM complaints or notices, as determined by acceptable industry practices; or - sending text messages to phone numbers that are likely to result in an excessive number of opt-out requests that exceeds the permissible opt-out rate per messaging campaign, as determined by acceptable industry practices or carrier guidelines. Currently, our platform utilizes Twilio for calling and text messaging and Leadngage numbers are provided by Twilio and subject to Twilio’s policies. By using our Services, you agree to Twilio’s Messaging Policy https://www.twilio.com/en-us/legal/messaging-policy and Twilio’s Acceptable Use Policy https://www.twilio.com/en-us/legal/aup . Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines https://www.twilio.com/en-us/guidelines/us/sms , Twilio’s Privacy Notice twilio.com/en-us/legal/privacy and help articles: U.S. Carrier Penalties for Non-Compliant Messaging https://support.twilio.com/hc/en-us/articles/4410588996123-U-S-Carrier-Penalties-for-Non-Compliant-Messaging , Forbidden message categories for SMS and MMS in the US and Canada https://support.twilio.com/hc/en-us/articles/360045004974-Forbidden-Message-Categories-for-SMS-and-MMS-in-the-US-and-Canada . Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements https://www.twilio.com/en-us/legal/service-country-specific-terms . Telephone Communication Activities (United States) Users must comply with all Applicable Laws including, but not limited to: - The FTC Act’s “Truth in Advertising” Rules and Section 5 of the FTC Act 15 U.S.C. § 45 - The Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 - The FCC Telemarketing Regulations implementing the TCPA, 47 C.F.R. § 64.1200, and FCC declaratory rulings and orders - Telemarketing Consumer Fraud and Abuse Prevention Act (the - Telemarketing Act), 15 U.S.C. §§ 6101 et seq. - The FTC’s Telemarketing Sales Rule (TSR) implementing the Telemarketing Act, 16 C.F.R. §§ 310.1 et seq. - The National Do-Not-Call Registry established by the Federal Communications Commission, 47 C.F.R. § 64.1200, and the Federal Trade Commission, 16 C.F.R. § 310.4, which can be accessed at https://www.donotcall.gov - State Do-Not-Call Registries - State telemarketing and do-not-call laws and regulations that impose additional requirements as well as more restrictive requirements than the federal laws and regulations referenced above - State laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording - Applicable carrier guidelines (e.g. T-Mobile Code of Conduct https://support.bandwidth.com/hc/article_attachments/4407445657239/T-Mobile_Code_of_Conduct_V2.2.pdf ) or wireless industry guidelines and standards including, without limitation, the CTIA’s Messaging Principles and Best Practices https://api.ctia.org/wp-content/uploads/2019/07/190719-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf , the CTIA’s Short Code Monitoring Handbook https://www.wmcglobal.com/hubfs/CTIA%20Short%20Code%20Monitoring%20Handbook%20-%20v1.8.pdf , and the Mobile Marketing Association’s Consumer Best Practices (collectively, CTIA Policies) Key Provisions: - Content Violation: After prior warning, $10,000 fee per violation for content violating carrier policies including spam, phishing, SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco), and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook. - Messaging Program Evasion: $1,000 fee for programs using filter evasion techniques, such as snowshoeing (spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms) and recycling numbers (releasing/purchasing new numbers), to dilute number reputation. U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. In other words, consent requirements for sending SMS messages through U.S. Carrier networks exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy https://www.twilio.com/en-us/legal/messaging-policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US https://support.twilio.com/hc/en-us/articles/4408675845019-SMS-Compliance-and-A2P-10DLC-in-the-US . Suspension; Fines and Penalties We may suspend or terminate Users access to the Services for violations of this AUP in its sole discretion. Text messaging campaigns that are non-compliant with U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) requirements may be subject to Carrier penalties for the offending traffic. If these penalties are assessed, they will be passed through by Leadngage to the User. User shall be liable to pay any fines or penalties levied by third parties (e.g. Carriers or Communication Providers (such as Twilio, Bandwidth, and others)), and to fulfill any indemnification obligation owed by Leadngage to such third parties, as a result of User’s noncompliance with the Terms as set forth herein.


CONTRIBUTIONS

In this Policy, the term "Contributions" means:
  • any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or
  • any other content, materials, or data you provide to Salesngage Inc. or use with the Services.
Some areas of the Services may allow users to upload, transmit, or post Contributions. We may but are under no obligation to review or moderate the Contributions made on the Services, and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy. Please report any Contribution that you believe breaches this Policy; however, we will determine, in our sole discretion, whether a Contribution is indeed in breach of this Policy.

You warrant that:
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;
  • all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
  • you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.
You also agree that you will not post, transmit, or upload any (or any part of a) Contribution that:
  • is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
  • is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
  • is false, inaccurate, or misleading;
  • includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
  • contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
  • promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
  • is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
  • is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • bullies, intimidates, humiliates, or insults any person;
  • promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
  • infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;
  • is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
  • contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been "paid for," whether with monetary compensation or in kind; or
  • misrepresents your identity or who the Contribution is from.
You may not use our Services to offer, present, promote, sell, give away or otherwise make available to others any good or service involving:
  • items that promote, encourage, facilitate, or instruct others how to engage in illegal activity, 
  • cigarettes,
  • controlled substances and/or other products that present a risk to consumer safety, narcotics, steroids, drug paraphernalia,
  • specific knives or other weapons regulated under applicable law,
  • firearms, ammunition, or certain firearm parts or accessories,
  • certain sexually oriented materials or services,
  • certain items before the seller has control or possession of the item, 
  • __________,
  • stolen goods,
  • products or services identified by government agencies to be highly likely to be fraudulent, and
  • any transaction or activity that requires pre-approval without having obtained said approval.


REVIEW AND RATINGS

When your Contribution is a review or rating, you also agree that:
  • you have firsthand experience with the services and software being reviewed;
  • your Contribution is true to your experience;
  • you are not affiliated with competitors if posting negative reviews (or linked in any way to, e.g., by being the owner or seller/manufacturer of, a product or service if posting positive reviews);
  • you cannot make or offer any conclusions as to the legality of conduct;
  • you cannot post any false or misleading statements; and
  • you do not and will not organize a campaign encouraging others to post reviews, whether positive or negative.


REPORTING A BREACH OF THIS POLICY

We may but are under no obligation to review or moderate the Contributions made on the Services and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy.

If you consider that any Content or Contribution:
  • breach this Policy, please call 770-746-7716, email us at info@salesngage.net, visit https://leadngage.com, or refer to the contact details at the bottom of this document to let us know which Content or Contribution is in breach of this Policy and why; or
  • infringe any third-party intellectual property rights, please email us at info@salesngage.net.
We will reasonably determine whether a Content or Contribution breaches this Policy.


CONSEQUENCES OF BREACHING THIS POLICY

The consequences for violating our Policy will vary depending on the severity of the breach and the user's history on the Services, by way of example:

We may, in some cases, give you a warning and/or remove the infringing Contribution, however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety. 

We exclude our liability for all action we may take in response to any of your breaches of this Policy.


COMPLAINTS AND REMOVAL OF LEGITIMATE CONTENT

If you consider that some Content or Contribution have been mistakenly removed or blocked from the Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content or Contribution. The Content or Contribution may stay "down" whilst we conduct the review process.


DISCLAIMER

Salesngage Inc. is under no obligation to monitor users’ activities, and we disclaim any responsibility for any user’s misuse of the Services. Salesngage Inc. has no responsibility for any user or other Content or Contribution created, maintained, stored, transmitted, or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. If Salesngage Inc. becomes aware that any such Content or Contribution violates this Policy, Salesngage Inc. may, in addition to removing such Content or Contribution and blocking your account, report such breach to the police or appropriate regulatory authority. Unless otherwise stated in this Policy, Salesngage Inc. disclaims any obligation to any person who has not entered into an agreement with Salesngage Inc. for the use of the Services.


HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

Email: info@salesngage.com
Online contact form: https://leadngage.com

770-746-7716

info@salesngage.net

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