Acceptable Use Policy

1. Purpose and scope

This Acceptable Use Policy (Policy) sets out how the Service may and may not be used. It applies to the Customer and to every Authorised User, and forms part of the Agreement between The Trustee for The Wink Group (we, us) and the Customer (you). Capitalised terms are defined in the Definitions.

You are responsible for your Authorised Users' compliance with this Policy. A breach of this Policy by you or an Authorised User is a material breach of the General Terms.

2. Prohibited uses

You must not use the Service, and must not allow any Authorised User to use it, to do any of the following:

• Break the law, including by sending unsolicited commercial messages in breach of the Spam Act 2003 (Cth), CAN-SPAM, the GDPR, PECR or any equivalent law, or by handling Personal Information in breach of privacy or data-protection law.
• Infringe anyone's intellectual property, privacy, confidentiality or publicity rights, or process content you do not have the right to process.
• Create, distribute or store malware; carry out security testing of the Service or a Connected Tool without our written consent; or interfere with the availability of the Service, a Chat Platform or a Connected Tool, including by denial-of-service or excessive load.
• Engage in phishing, fraud or deception, including communications that impersonate a person or organisation or misrepresent who is speaking.
• Generate or send content that harasses, threatens, defames, or is hateful, sexually explicit or exploitative, or that promotes violence or self-harm.
• Circumvent or attempt to circumvent Approval Rules, rate limits, Credit metering, or access controls, or attempt to prompt, instruct or trick Wopie into performing a Blocked Action, escalating its own permissions, or acting outside the permissions of the Authorised User who connected a tool.
• Use Outputs to make automated decisions with legal or similarly significant effects on individuals, such as employment, credit, insurance or housing decisions, without meaningful human review of each decision.
• Use the Service in any setting where its failure or error could reasonably lead to death, personal injury, or severe property or environmental damage, such as medical treatment, safety systems or the operation of vehicles or infrastructure.
• Use the Service or Outputs to build, train or improve a product or model that competes with the Service, or publish benchmarks or comparative evaluations of the Service without our prior written consent.
• Use the Service in breach of Australian, United States, United Kingdom, European Union or other applicable sanctions or export-control laws, or make the Service available to a person or in a place that is subject to such restrictions.
• Connect a Workspace, Channel or Connected Tool that you do not have the right to connect, or grant Wopie access that the connecting Authorised User is not entitled to hold.
• Share Account or Authorised User credentials, allow anyone other than an Authorised User to use the Service, or hold more than one Account for the same organisation to gain an advantage.
• Resell, sublicense, rent or lease the Service, or offer it as a service to third parties, except where an Order Form expressly permits it.

3. Regulated Data

The Service is not designed or approved for Regulated Data. You must not submit Regulated Data to the Service, ask Wopie to retrieve it, or connect a tool in a way that gives Wopie access to it. Regulated Data includes:

• Health information and health records, including information regulated under health privacy laws such as HIPAA.
• Payment card numbers and other cardholder data covered by PCI DSS.
• Government identifiers, including tax file numbers, Medicare numbers, passport numbers, driver licence numbers and social security numbers.
• Biometric data, such as facial images used for identification, fingerprints or voiceprints.
• Personal Information about children under 18.
• Export-controlled technical data or defence-related information.

If a Connected Tool holds Regulated Data alongside ordinary business data, you must use the connecting user's permissions or the tool's own access controls to keep the Regulated Data out of Wopie's reach. The Product Terms describe what happens if we discover Regulated Data in the Service.

4. Communications sent through Wopie

When Wopie drafts an email, message or other communication and an Authorised User approves it, you are the sender. We are not. That means:

• You must have a lawful basis to contact each recipient, and you must honour unsubscribe requests, opt-outs and do-not-contact preferences.
• Every commercial message must accurately identify you as the sender and include any contact details or unsubscribe mechanism the law requires.
• You must not state or imply that a message was written by a human, or conceal that it was drafted with automated assistance, where the law or the recipient's platform requires that this be disclosed.
• You remain responsible for the content of the message, including any promises, prices or commitments it contains, even though Wopie drafted it.

5. Fair use and capacity

The Service is metered in Credits and shared across many Customers. To keep it available and fairly priced, you must not:

• Abuse Promotional Credits, including by creating multiple Accounts, using automated or scripted sign-ups, or using disposable identities to obtain Credits you would not otherwise receive.
• Send automated or scripted requests to the Service beyond the limits stated in the Documentation, or design workflows whose purpose is to generate load rather than useful work.
• Use the Service to scrape, bulk-export or mirror a Connected Tool or Chat Platform in a way that is not incidental to a genuine task.

Where usage is materially above what the Usage Terms or your plan contemplate, we may throttle it and will contact you about a suitable plan before taking further action, unless the usage also breaches another part of this Policy.

6. Reporting abuse

If you become aware of a breach of this Policy, a security vulnerability, or a communication sent through Wopie that should not have been, please tell us at security@wopie.ai. Include the Workspace, the date and time, and what you observed. We treat reports confidentially to the extent the law allows.

General questions about this Policy can be sent to support@wopie.ai.

7. Enforcement

We do not routinely monitor Customer Data, but we may investigate when we receive a report, detect abnormal activity, or are required to by law. If we reasonably believe this Policy has been breached, we may take any of the following steps:

• Ask you to explain or stop the conduct within a stated time.
• Remove or block specific content, Outputs or scheduled workflows.
• Pause a workflow, Channel, Connected Tool or Workspace.
• Suspend or terminate an Authorised User's access, or the Account, in accordance with the General Terms.
• Report the conduct to a Chat Platform, a Connected Tool provider, a regulator or law enforcement where we believe it is appropriate or required.

Where the breach involves Regulated Data, a security risk to the Service or other Customers, or unlawful content, we may suspend immediately, without notice and without giving you a period to cure. In other cases we will normally tell you first and give you a reasonable opportunity to fix the problem.

• We will cooperate with lawful requests from regulators, courts and law enforcement, and may preserve and disclose Customer Data where the law requires it.
• We will tell you why we suspended, keep the suspension to what the problem requires, and restore access as soon as it is resolved.
• Fees are not refunded, and Credits are not restored, for any period of suspension or termination caused by a breach of this Policy. If our investigation finds no breach, we restore access and extend your Subscription Term, or credit your balance, for the period you lost.
• Our rights under this section are in addition to any other rights we have under the Agreement or at law.

8. Changes to this Policy

We review this Policy at least once a year, and update it whenever new kinds of misuse, legal requirements or features call for it. The current version is always at /legal/acceptable-use and shows its effective date. Where a change materially restricts a use that was previously permitted, we will give you at least 30 days' notice through the Service or by email before it takes effect. Your continued use after that date is acceptance of the updated Policy. Legal notices about this Policy should be sent to legal@wopie.ai.