Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs the use of the Sell & Tell platform, including the SELL AI agent, the TELL intelligence dashboard, the embeddable Widget, and all associated services (collectively, the "Services") provided by Social4Commerce Inc. ("Company"). This AUP is incorporated by reference into the Master Subscription Agreement (the "Agreement") and applies to all Customers, Authorized Users, and any other individuals or entities that access or use the Services.

By accessing or using the Services, You agree to comply with this AUP. The Company reserves the right to modify this AUP at any time by posting the revised version at sellandtell.ai/legal/acceptable-use-policy. Continued use of the Services after any modification constitutes acceptance of the revised AUP. Violation of this AUP may result in suspension or termination of Your access to the Services, as described in the Agreement.

1. General Obligations

You agree to use the Services only for lawful purposes and in accordance with this AUP, the Agreement, and all applicable laws, rules, and regulations. You are responsible for ensuring that all Authorized Users and any third parties who access the Services through Your account comply with this AUP. You are also responsible for providing adequate notice to Shoppers regarding the presence and operation of the SELL AI agent Widget on Your ecommerce store, including any required disclosures under applicable consumer protection and privacy laws.

2. Prohibited Activities

You may not use, and may not permit any third party to use, the Services in connection with any of the following activities:

2.1 Illegal and Harmful Activities

Engaging in, facilitating, or promoting any activity that violates any applicable federal, state, local, or international law, rule, or regulation;
Conducting or facilitating fraudulent transactions, schemes, or deceptive business practices;
Selling, promoting, or distributing products or services that are illegal, counterfeit, stolen, or that infringe the intellectual property rights of third parties;
Engaging in or facilitating money laundering, terrorist financing, or sanctions evasion;
Operating an ecommerce store that targets or exploits minors, or that sells age-restricted products without appropriate age verification mechanisms;
Using the Services to harass, threaten, stalk, defame, or intimidate any person;

2.2 Data and Privacy Violations

Collecting, processing, storing, or transmitting personal information through the Services in violation of any applicable privacy or data protection law, including the GDPR, CCPA/CPRA, or other applicable state privacy laws;
Failing to provide adequate notice to Shoppers about the collection and use of their data through the SELL AI agent Widget, or failing to obtain any required consents;
Submitting to the Services any sensitive personal data, special categories of personal data, protected health information, Social Security numbers, government-issued identification numbers, financial account numbers, or payment card data, unless expressly authorized in writing by the Company;
Using the Services to collect data about Shoppers for purposes unrelated to the operation of Your ecommerce store, including selling Shopper data to third parties, building advertising profiles, or engaging in data brokering;
Using Shopper Interaction Data or Insight Data to discriminate against individuals based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic;
Circumventing or attempting to circumvent any privacy controls, consent mechanisms, or data access restrictions built into the Services;

2.3 Security Violations

Attempting to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining, brute force, social engineering, or any other means;
Probing, scanning, or testing the vulnerability of the Services or any system or network connected to the Services without express written authorization from the Company;
Introducing viruses, worms, Trojan horses, ransomware, spyware, adware, or any other malicious code or programs into the Services or the systems of any third party through the Services;
Interfering with, disrupting, degrading, impairing, or overburdening the Services, their servers, or the networks connected to the Services, including through denial-of-service attacks, packet flooding, or similar activities;
Bypassing, circumventing, or attempting to bypass or circumvent any security measures, access controls, rate limits, or usage restrictions implemented by the Company;
Accessing, tampering with, or using non-public areas of the Services, the Company's computer systems, or the technical delivery systems of the Company's providers;

2.4 AI and Widget Misuse

Configuring the SELL AI agent Widget to impersonate a human in a manner that deceives Shoppers into believing they are communicating with a live person, where applicable law requires disclosure of automated communication;
Programming or configuring the Widget to make false, misleading, or deceptive claims about products, pricing, availability, or any other material facts;
Using the Widget to collect payment information, passwords, Social Security numbers, or other highly sensitive data from Shoppers;
Configuring the Widget to display content that is obscene, pornographic, violent, hateful, discriminatory, or that promotes self-harm;
Attempting to extract, reverse engineer, or replicate the SELL or TELL AI models, algorithms, training data, or proprietary methodologies;
Using the Services or any AI-generated Insight Data to make automated decisions that produce legal or similarly significant effects on individual Shoppers without human review;
Misrepresenting Insight Data or AI-generated recommendations as guaranteed outcomes, professional advice, or scientifically validated conclusions;
Using the Services to build, train, or improve competing AI models, analytics tools, or shopper intelligence platforms;

2.5 Intellectual Property Violations

Using the Services to infringe, misappropriate, or violate the intellectual property rights, publicity rights, or privacy rights of any third party;
Copying, reproducing, distributing, publicly displaying, or creating derivative works from the Services or any component thereof, including the Widget, dashboard, or documentation, except as expressly permitted by the Agreement;
Removing, altering, or obscuring any copyright, trademark, or other proprietary notices from the Services or any materials provided by the Company;
Using the Company's trademarks, trade names, logos, or branding in any manner not expressly authorized by the Company, including in a way that falsely implies endorsement, sponsorship, or affiliation;

2.6 Platform Integrity Violations

Using automated scripts, bots, scrapers, crawlers, or other automated tools to access, interact with, or extract data from the Services, except through APIs expressly provided and authorized by the Company;
Manipulating or artificially inflating Conversation counts, analytics metrics, or other usage data;
Creating multiple accounts to circumvent Subscription Plan limits, usage restrictions, or enforcement actions;
Reselling, sublicensing, time-sharing, or providing access to the Services to any third party other than as expressly permitted in the Agreement;
Using the Services in a manner that consumes a disproportionate amount of infrastructure resources or that adversely impacts the performance or availability of the Services for other customers;

2.7 Communication and Content Violations

Using the Services to send, distribute, or facilitate the sending of unsolicited bulk communications, spam, or commercial messages in violation of applicable anti-spam laws (including the CAN-SPAM Act and similar laws);
Using the Widget or any component of the Services to display advertisements, pop-ups, or promotional content from third parties without the Company's prior written consent;
Uploading or submitting to the Services any content that is unlawful, defamatory, libelous, harassing, abusive, threatening, vulgar, obscene, or otherwise objectionable;

3. Industry and Product Restrictions

The Services may not be used in connection with ecommerce stores that primarily sell or promote the following, unless the Company has provided express prior written approval:

Illegal drugs, controlled substances, or drug paraphernalia (except where expressly legal and properly licensed);
Weapons, ammunition, explosives, or related accessories;
Tobacco, nicotine, or vaping products (except where expressly legal and in compliance with applicable regulations);
Adult or sexually explicit content, products, or services;
Gambling services, lottery tickets, or similar activities;
Counterfeit goods, replica products, or goods infringing third-party trademarks or copyrights;
Products or services that make unsubstantiated health, medical, or therapeutic claims;
Financial products such as securities, cryptocurrency, or investment schemes, unless properly licensed;
Multi-level marketing, pyramid schemes, or similar business models;
Products subject to trade embargoes or export restrictions.

The Company reserves the right to refuse service or terminate access for any store that operates in an industry or sells products that, in the Company's sole discretion, present unacceptable legal, reputational, or regulatory risk.

4. Monitoring and Enforcement

4.1 Monitoring

The Company reserves the right, but does not assume the obligation, to monitor the use of the Services for compliance with this AUP. Monitoring may include automated scanning of Widget configurations, review of Conversation patterns for policy compliance, and investigation of reports or complaints from third parties.

4.2 Reporting Violations

If You become aware of any violation of this AUP by any person or entity, You are encouraged to report such violation by contacting us at abuse@sellandtell.ai. The Company will investigate reported violations and take appropriate action as determined in its sole discretion.

4.3 Enforcement Actions

Upon discovering or receiving a credible report of a violation of this AUP, the Company may, in its sole discretion and without limiting any other rights or remedies available under the Agreement or at law, take one or more of the following actions:

Issue a written warning identifying the violation and requiring corrective action within a specified timeframe;
Temporarily suspend the Services (in whole or in part) pending investigation or resolution of the violation;
Disable or modify specific Widget configurations, content, or settings that violate this AUP;
Remove or restrict access to Customer Data or content that violates this AUP;
Permanently terminate Customer's access to the Services;
Report the violation to law enforcement, regulatory authorities, or affected third parties;
Pursue any legal remedies available under the Agreement or applicable law.

4.4 Notice and Opportunity to Cure

Except in cases involving imminent harm, illegal activity, or threats to the security or integrity of the Services, the Company will use commercially reasonable efforts to provide Customer with notice of an alleged violation and a reasonable opportunity to cure before taking enforcement action that materially restricts Customer's access to the Services. The Company is not obligated to provide notice or an opportunity to cure in emergency situations, and will inform Customer of any emergency enforcement action as soon as reasonably practicable.

5. Consequences of Violation

In addition to the enforcement actions described in Section 4, violation of this AUP may result in: (a) liability for damages caused by the violation, including damages to the Company, other customers, Shoppers, or third parties; (b) indemnification obligations under the Agreement; (c) forfeiture of any pre-paid Subscription Fees without refund; and (d) legal action by the Company, affected third parties, or law enforcement authorities.

Customer acknowledges that violations of this AUP may cause irreparable harm to the Company and its customers, and that monetary damages may be insufficient to remedy such harm. Accordingly, the Company may seek equitable relief, including injunctive relief and specific performance, in addition to any other remedies available at law or in equity, without the requirement of posting a bond or proving actual damages.

6. Shopper-Facing Disclosure Requirements

Customer is responsible for ensuring that its ecommerce store provides appropriate disclosures to Shoppers regarding the SELL AI agent Widget, including but not limited to:

A clear and conspicuous disclosure that the Widget is an AI-powered assistant (not a human representative), to the extent required by applicable law or regulation;
An adequate privacy notice or disclosure that informs Shoppers about the types of data collected through their interactions with the Widget, the purposes for which such data is used, and any third parties with whom such data may be shared;
Any required consent mechanisms (such as cookie consent banners or opt-in prompts) that are necessary under applicable privacy laws for the collection and processing of Shopper data through the Widget;
A link to Customer's own privacy policy, which must accurately describe the data practices associated with the Widget.

The Company provides standard disclosure templates and guidance in its Documentation to assist Customer in meeting these requirements. However, Customer remains solely responsible for compliance with all applicable disclosure and consent obligations.

7. Contact Information

To report a violation of this AUP, or if You have questions about this policy, please contact us at: Email: abuse@sellandtell.ai General Inquiries: legal@sellandtell.ai Social4Commerce Inc.