AUP

VERSE.IO, INC.
ACCEPTABLE USE POLICY

1. Scope
This Acceptable Use Policy describes the acceptable and prohibited uses of the Verse Solution, and shall apply to all Clients. This policy is in addition to any other terms and conditions under which Verse.io, Inc. (“Verse”) provides the Verse Solution. The examples described in this policy are not exhaustive. Capitalized terms not defined herein shall have the meaning ascribed to them in the Master Subscription Agreement, other applicable Verse terms and conditions.

2. Last Updated
June 17, 2022

3. Changes to Policy
Verse may modify this policy by posting updated versions on the Verse website or then-current location of this policy and providing notice of the modification via email or through the Verse Platform itself. Modifications are effective immediately upon posting, provided that they are reasonably necessary for compliance with laws or regulations, or relate to new or different services provided by Verse. All other modifications will be effective 30 days after posting (or as otherwise set forth in Verse’s notice), except that if Client objects to the modifications in writing within those 30 days, the modifications shall not take effect with respect to Client’s subscription to the Verse Solution until the end of Client’s then-current Subscription Term.

4. Client Scripts
The Verse Solution may provide the opportunity for Client to customize questions (e.g. lead qualification questions) or provide or request that other content be displayed on or through the Verse Solution. Client will be solely responsible for the accuracy, legality, and quality of this content, even if Verse assists in displaying or distributing the content within the Verse Solution. We can change script and we can change frequency.

5. Messaging and Consent
The Verse Solution provides the capability, through SMS/ Text, Email, WebChat, Messaging Apps and other Non-Verse Applications (“Platforms”), to send and receive messages via the internet in direct communication with individuals. As a matter of principle, and often as a matter of law, it is imperative that Client only utilize these capabilities if it has the express consent of the individual to do so.

Opt-out rates vary by use-case, but are an indicator of unwanted communications. Verse will monitor opt-out rates and, in an effort to protect your brand and to comply with applicable service provider requirements, may take measures including, but not limited to, requiring proof of messaging opt-in, limiting the number of messages delivered, or requiring additional opt-in confirmation, if opt-out rates are flagged. Additionally, in an effort to further protect your brand, Verse will include opt-out language with the first message sent to the Lead.

By using the Verse Solution, Client acknowledges that the Platforms have their own terms and conditions, acceptable use policies, and privacy policies, and that such terms or policies may require that Client collects each individual’s prior consent to communicate with them by specific methods and/or that Client use certain opt-in language and visual elements when collecting prior consent. Client will at all times comply with the terms and policies of the Platforms as they apply to Client.

In addition to the requirements of these Platforms, the use of the Verse Solution must also be lawful and appropriate. Client shall never send a message using the Verse Solution, or instruct Verse to send a message on Client’s behalf, in violation of local, state, or national laws in the jurisdictions applicable to the Client and its message recipient. It is ultimately Client’s responsibility to comply with such laws, but to support that effort, Verse has assembled some best practices here. In using the Verse Solution, and except to the extent in conflict with applicable laws:

  • For all individuals whose contact information is provided to Verse for the purpose of contacting the individual, and all individuals who are contacted by Client using the Verse Solution, Client shall procure the prior consent of the individual to be contacted (and where required, for the information to be processed), where consent:
    • was generated after clear and conspicuous disclosure of the consequences of providing the requested consent, and includes all relevant details regarding the processing occurring;
    • is unambiguous, including that the individual has agreed to receive “Verse communications” from Verse, at the contact point designated (i.e. consent for each method of communication used, by text, email, or otherwise); and
    • was signed by the individual (i.e. the individual took affirmative action to acknowledge their intention to receive “Verse communications” by written, electronic, or otherwise recorded means).
  • If the Client uses one or more subcontractors to collect such consent from any individual, Client shall require each such subcontractor to agree, in writing, to comply with the consent requirements of the laws and regulations that are applicable in the jurisdiction in which consent is being collected at the time consent is collected and this Acceptable Use Policy as it relates to collecting such consent.
  • Client shall keep accurate and complete records of consents obtained, including proof of the form and format of all mechanisms used to collect such consent.
  • Upon request, Client shall provide to Verse its form document(s) containing the exact language of the consent and/or opt-in language the Client has used and intends to use, and a list of the URLs of all internet landing pages and/or copies of other consent sources to confirm or document that Client complies with content and form requirements.
  • Client shall keep records of and inform Verse promptly of any withdrawal of consent or opt-out by any individual. If an individual withdraws consent or opts-out of communications with the Verse Solution, Verse shall be entitled to remove the individual from its messaging services notwithstanding any later opt-in by the same individual.
  • Client shall inform each individual whose information is collected of all details required to be disclosed under applicable law, and that Client will be using subcontractors (at least Verse) to process their information, and the location(s) where that processing occurs.

6. Violations
Any pattern of activity or practice of the Client that violates this Acceptable Use Policy, or the applicable law and/or regulations of the jurisdiction in which the Verse Solution is to be provided shall constitute a material breach of the applicable Master Subscription Agreement between Verse and Client. If Client becomes aware of any such violation by any member of its workforce, its subcontractors or agents, Client shall promptly notify Verse and take immediate steps to end such violation. If Client fails to take all steps necessary to end any such violation promptly, Verse may immediately terminate the applicable Master Subscription Agreement or other terms and conditions.

7. Disclaimer
Verse makes no warranty or representation that compliance by the Client with this Acceptable Use Policy will be adequate or satisfactory for the Client’s compliance with the applicable laws and regulations of the jurisdiction in which the Verse Solution is to be provided.