AfterShip SMS and AfterShip Email are Services provided by AfterShip under its Terms of Service, which enables AfterShip’s Users to send emails (“Emails”) text messages (“SMS”) directly to their End-Users (“AfterShip SMS”).

This Content Policy (this “Policy”) only applies to the use of AfterShip SMS and AfterShip Email. The examples described in this Policy are not exhaustive.

Capitalized terms used below but not defined in this Policy have the meanings set forth in Our Terms of Service.

1. AFTERSHIP SMS AND AFTERSHIP EMAIL

1.1 General

AfterShip SMS and AfterShip Email allow the Users to send SMS and Emails to their own End-Users to enable efficient and personalized communication with End-Users, such as to encourage End-Users to complete their orders on User’s store, to suggest new products, for post-purchase customer services (such as order fulfillment), to send tracking updates and any other marketing purposes.

The User is allowed to customize the content of the SMS and the Emails ("Content") to be sent to its own End-Users. The User is solely responsible for said Content including, without limitation, its legality, reliability, appropriateness, and compliance with this Policy. AfterShip shall not be responsible or liable for any loss, cost, or damage arising in connection with the Content or the use performed by the User of AfterShip SMS or AfterShip Email.

If the User provides the ability to send messages to its own End-Users or clients through AfterShip SMS or AfterShip Email, the User is responsible for the related activity performed by End-Users.

AfterShip shall be able to access, store and process the Content, to ensure the functionality of the Service and for compliance purposes.

1.2. SERVICE AVAILABILITY

AfterShip SMS and AfterShip Email are offered on an "as-is" basis and may not always be available in all areas, at all times, and under any conditions.

AfterShip will not be liable for any delays or failures in the receipt of any messages or emails connected with AfterShip SMS or AfterShip Email, including, but not limited to, failures by Third Party Service Providers and by telecommunications facilities. The User and End-Users are responsible for ensuring that they have a (mobile) network connection capable of receiving and sending text messages and/or emails.

1.3. PROHIBITED CONTENT

By using AfterShip SMS and/or AfterShip Email, the User warrants and represents that the Content sent to any End-User will comply at all times with the following rules:

• Content shall not be false, unlawful, misleading, libelous, defamatory, obscene, pornographic, profane, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, offensive, invasive of privacy or publicity rights, abusive, inflammatory, inaccurate, inappropriate, fraudulent or otherwise objectionable.
• Content shall not constitute mass spamming or junk messages.
• Content shall not be off-topic. SMS and Email that primarily seek to cover other topics unrelated to the product or service offered by the User (this includes political or social controversy and attacks on others) are prohibited.
• Content shall not include call to actions or offers for the sale of products or services that are subject to local legal regulations including, but not limited to, alcohol, gambling, tobacco, guns, health and medical devices, regulated pharmaceuticals and adult services.
• The Content shall not include the personal data of any individual, except for the relevant End-User's name, birthday, email address, address, shipping information, order information, tracking information, purchased products and viewed products.
• The Content shall not be illegal or depict illegal activity, including without limitation: (i) photos, videos, or any other content that infringes on anyone else’s legal rights, including copyright, patent, trademark, trade secret, or other intellectual, proprietary or privacy right; (ii) content on dangerous or illegal acts (such as rape or human trafficking); (iii) illegal products and services (such as endangered animal products or illegal drugs); (iv) images or videos showing graphic or gratuitous violence or which promote violence.
• The Content shall not be related to terrorism, such as Content that promotes terrorist acts, incites violence, or celebrates terrorist attacks. We do not permit terrorist organizations to use AfterShip SMS or AfterShip Email for any purpose.
• The Content shall not contain sexually explicit material. The Content shall not sexually exploit children or present them in a sexual manner.
• The Content shall not be dangerous or derogatory, including Content that: (i) threatens or advocates for harm on oneself or others; (ii) harasses, intimidates, or bullies an individual or group of individuals; and (iii) incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with discrimination or marginalization.
• The Content shall not include any impersonation of any person/entity or otherwise any misrepresentation.
• The Content shall be devoid of any conflicts of interest. The Content shall not be written by employees or people with a vested interest in the applicable product or service.
• The Content shall not include viruses, corrupted data, or other harmful, disruptive, or destructive files (trojan horses, etc.).

1.4. PROHIBITED USE OF SPECIFIC WORDS

Based on Section 1.3 of this Policy, AfterShip prohibits the use of certain words in the Content (“Prohibited Words”), even if the End-User provided consent for it. Please find here a non-exhaustive list of prohibited words.

AfterShip collects and monitors the Content of the messages sent through AfterShip SMS and AfterShip Email, in order to detect spam, violation of this Policy, and fraudulent activities. Accordingly, AfterShip reserves an unrestricted right to remove and block, at any time without advanced notice, the receipt by the End-User of any Content sent through AfterShip SMS or AfterShip Email, that includes a Prohibited Word or that AfterShip believes violates the law or this Policy.

1.5. AFTERSHIP DISCRETIONARY RIGHT TO REMOVE CONTENT

AfterShip has no obligation to screen, edit or monitor any of the Content made, prepared and/or sent by User to End-User. Notwithstanding the foregoing, AfterShip shall be entitled, in its sole discretion, to remove, screen, translate or edit, without notice, any Content prepared or sent, at any time, when such Content (i) is not in compliance with this Policy or applicable law, (ii) when the removal is reasonably necessary to safeguard the rights of AfterShip or any other third party; and (iii) for any other reason AfterShip deems reasonable in its entire discretion.

NOTHING IN THIS POLICY OBLIGATES AFTERSHIP TO DISPLAY THROUGH AFTERSHIP SMS ANY CONTENT THAT AFTERSHIP REASONABLY BELIEVES NOT TO BE IN COMPLIANCE WITH THIS POLICY OR APPLICABLE LAW.

1.6. ENFORCEMENT

The User acknowledges that AfterShip SMS and AfterShip Email is provided by AfterShip to User and that AfterShip does not have a direct relationship with the End-User.

User must ensure that the Content complies with all applicable laws of the jurisdiction in which the SMS or Email recipient is located, and with applicable communications industry guidelines or standards. The User shall take into account every country-specific regulation and consideration for sending SMS or Emails to End-Users.

2. AFTERSHIP MARKETING SMS AND AFTERSHIP MARKETING EMAILS: END-USER CONSENT

AfterShip SMS and AfterShip Email may be used by User for marketing purposes (respectively, “AfterShip Marketing SMS” and “AfterShip Marketing Email”). This Section 2 only applies to AfterShip Marketing SMS and AfterShip Marketing Email and does not apply to the use of AfterShip SMS or AfterShip Email for purposes other than marketing.

User shall ensure that SMS and Emails sent through AfterShip Marketing SMS and AfterShip Marketing Email will be sent only and exclusively to End-Users who expressly provided their consent. By using AfterShip Marketing SMS and/or AfterShip Email, User represents and warrants that it has and shall be responsible for providing all relevant information to End-Users and obtaining their consent in accordance with the applicable laws and regulations.

End-Users must have the ability to revoke their consent at any time, in which case User must stop sending them any kind of message. AfterShip suggests Users to include, in the initial message sent to End-Users, simple and clear instructions on how to unsubscribe from the receipt of text messages or emails.

3. AFTERSHIP SMS: COUNTRY-SPECIFIC GUIDELINES

This Section 3 shall only apply to AfterShip Marketing SMS and shall not apply (i) to AfterShip Email and (ii) to AfterShip SMS for purposes other than marketing.

AfterShip Marketing SMS Service is available for Users established in the following countries only: USA, UK, AU, CA, DE, SP, IT, NZ, FR.

User shall comply with AfterShip Marketing SMS Country Specific Guidelines. AfterShip shall not be responsible or liable for any loss, cost, or damage arising in connection with the User’s use of AfterShip Marketing SMS or the Content. It is User’s sole responsibility to ensure that its use of AfterShip Marketing SMS complies with all applicable laws. User irrevocably releases AfterShip from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to User’s compliance with applicable laws.

4. INDEMNITY

IN ADDITION TO THE INDEMNITY SECTION PROVIDED IN THE TERMS OF USE, YOU AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, DEMANDS, LIABILITY, CLAIMS, DAMAGES, LOSSES, PENALTIES, FINES AND EXPENSES, INCLUDING NAMELY BUT NOT EXCLUSIVELY ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH (A) YOUR AND THE END-USERS’ USE OF THE AFTERSHIP SMS AND (B) THE CONTENT.