Last Updated: May 24, 2022

Here at Recapture, our goal is to help your store grow its revenue. To do this, we need to keep our products and services running smoothly and without distraction, and we need the members of our community not to misuse or abuse them. There are some activities that are incompatible with Recapture’s values and goal to help stores grow, and this Acceptable Use Policy describes those prohibited activities in detail.

This Acceptable Use Policy (herein described as the “Policy“) applies to the use of any product, service or website provided by Recapture (collectively known as the “Services“), whether we provide it directly or a partner of ours provides it to you. By using any of the Services, you are agreeing to this Policy. The examples described in this Policy are not exhaustive.

Prohibited Conduct

You may not use the Services to:

  • Promote, condone, encourage or facilitate hate, violence or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, gender identity, sexual orientation, disability, medical condition, veteran status or any other characteristic;
  • Engage in, promote or facilitate any illegal activity or violate any applicable local, state, national or international law or regulation (including without limitation data, privacy, and export control laws);
  • Offer products, services or content related to any of the following industries: escort and dating services; multi-level marketing; affiliate marketing; credit repair and “get out of debt” services; cryptocurrencies; selling ‘Likes’ or followers for a social media platform; work from home, make money online, and lead generating opportunities; gambling products or services; or list brokers or list rental services;
  • Violate the rights of others (including privacy rights);
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or reformat or frame any portion of any web pages that are part of the Services;
  • Impersonate others or falsely state or otherwise misrepresent your affiliation with any person, group or entity (including by “spoofing,” “phishing,” manipulating headers or other identifiers) including falsely implying that you are affiliated with or endorsed by Recapture or any other third party, or access the Services via another user’s account without their permission;
  • Email purchased, rented, borrowed, third-party or any other lists that have not consented to receive communications, promotions or advertisements from your business;
  • Harvest or otherwise collect information about others without their consent;
  • Interfere with other customers’ use of the Services;
  • Harm minors or interacts with or target people under the age of thirteen;
  • Disable, avoid, or circumvent, damage or otherwise interfere with any security or access-related features or restrictions of the Services, features that prevent or restrict the use or copying of content from the Services, or features that enforce limitations on the use of the Services;
  • Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a person could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for the Services;
  • Use meta tags or any other “hidden text” including Recapture’s or our suppliers’ product names or trademarks;
  • Use the Services in violation of applicable industry standards, including all applicable guidelines published by the CTIA and the Mobile Marketing Association;
  • Disparage Recapture or our partners, vendors, or affiliates; or
  • Authorize, permit, enable, induce or encourage any third party to do any of the above.

Prohibited Content

You may not use the Services to solicit, display, store, process, send or transmit:

  • Content that promotes, condones, encourages or facilitates hate, violence or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, gender identity, sexual orientation, disability, medical condition, veteran status or any other characteristic;
  • Obscene, indecent, defamatory, libelous, deceptive, fraudulent, pornographic, harmful to minors, threatening, excessively profane or otherwise objectionable material;
  • Content that violates, encourages or furthers conduct that would violate any applicable laws;
  • Content that infringes or misappropriates intellectual property rights, or otherwise violates a third party’s rights;
  • Any of the following types of data or information: (a) any information defined under Regulation (EU) 2016/679 (EU GDPR) or the United Kingdom General Data Protection Regulation as a “special category”; (b) medical records or health information, including Protected Health Information as defined in the Health Insurance Portability and Accountability Act; (c) any non-public government identification numbers or financial account information such as (i) Social Security number or local equivalents, passport numbers, driver’s license number or similar identifiers or (ii) financial account information including credit or debit card number; and (d) information related to children under the age of 13 (or in the EEA, under 16);
  • Malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code;
  • Spam or commercial electronic messages in violation of the CAN-SPAM Act, Canada’s Anti-Spam Legislation, the General Data Protection Regulation or any other applicable law or regulation; or
  • SMS, MMS, or other text messages or push notifications that violate the Telephone Consumer Protection Act or any other applicable telemarketing or telephone consumer protection law or regulation.

We have the right, but not the obligation, to monitor or investigate your use of the Services at any time for compliance with this Policy, our Terms of Service, or any other agreement between you and us governing your use of the Services. If we determine (in our sole discretion) that you engage in activities that violate the letter or spirit of this Policy, including activities outside of your use of the Services, or authorize or help others to do so, we may suspend or terminate your use of the Services without notice or liability.

We may update this Policy from time to time by posting an updated version at https://recapture.io/acceptable-use and any such updates will be effective upon posting. When we update this Policy, the “Last Updated” date above will be updated to reflect the date of the most recent version. Your continued use of the Services constitutes your acceptance of the modified Policy. We encourage you to review this Policy regularly.

If you become aware of any violation of this Policy, please contact us at support@recapture.io.