Acceptable Use Policy

This AUP forms part of, and is subject to, the Agreement. Breach of this AUP is a material breach by the Customer or any User and entitles Wiggli to suspend or terminate access immediately and without liability. The Customer is responsible for procuring compliance and adherence to this AUP by all Users.

1. Compliance and prohibited content

The Customer and its Users must comply with all applicable laws, rules and regulations when using the Product. The Customer must not, and must ensure Users do not, access, store, distribute, transmit or generate any virus or any content that is, does or may:

(a) be unlawful, tortious or promote or facilitate illegal activity;

(b) be fraudulent, false, misleading or deceptive;

(c) be defamatory, obscene, pornographic, indecent, harassing or otherwise offensive, or relate to sexual exploitation, violence or abuse (including of minors);

(d) promote or incite discrimination, hatred, harassment, bullying or violence against any person or group, including on the basis of a protected characteristic;

(e) be harmful to minors, or include personal data of children under the applicable age of digital consent;

(f) infringe the intellectual property, privacy or confidentiality rights of any third party, or incorporate third-party content without authorisation;

(g) impersonate any person or misrepresent affiliation; or

(h) involve facial recognition, biometric categorisation, social scoring or emotion inference in a manner prohibited by applicable law. Wiggli may disable access to offending material without liability or notice.

2. Prohibited conduct

Without prejudice to the Agreement, the Customer must not, and must ensure Users do not:

(a) scrape, harvest, data-mine or systematically extract data from the Product, or use automated means to access or reproduce any part of it, except as expressly permitted in writing by Wiggli;

(b) attempt to reconstruct or infer any training data, model weights or underlying Models of the AI Capabilities;

(c) resell, sub-license or redistribute Output;

(d) damage, disable, override, interfere with or circumvent any safety, integrity, privacy or security control, filter or safeguard, including any human-in-the-loop safeguard;

(e) generate synthetic data or otherwise interfere with or place undue load on the Product beyond applicable capacity, sending or usage limits;

(f) access or use the Product in a manner intended to avoid incurring applicable Fees, including by sharing account credentials or rotating seat assignments;

(g) frame or mirror any part of the Product except as expressly permitted by the Documentation;

(h) benchmark the Product against, or otherwise access or use the Product for competitive analysis in respect of, any non-Wiggli product or service;

(i) use any agent, bot, script, automated process, shared credentials or other technical means to circumvent, disable, interfere with or artificially inflate or deflate any throttling, rate limit, sending limit, AI Token or credit metering, usage measurement or other Use Limitation; or

(j) act in bad faith in connection with its use of the Product.

3. Automated outreach and sending compliance

Where the Product enables automated or bulk electronic outreach (“Outreach”): 

(a) the Customer is solely responsible for the Outreach and its compliance with all applicable laws in every jurisdiction from which it operates and to which the Outreach is sent, including all applicable data protection, privacy, e-privacy, anti-spam and electronic-marketing laws, including establishing the correct lawful basis for each channel, recipient and audience (for example, consent, soft opt-in or legitimate interests as applicable to the relevant jurisdiction and B2C or B2B context); 

(b) the Customer is solely responsible for the legality and provenance of any contact lists/recipient data (whether provided by the Customer, generated through the Product, or obtained from any other source) and must hold all rights, consents and lawful bases required to contact each recipient; 

(c) every campaign must include a clear, conspicuous and functional opt-out and honour opt-outs and suppression lists immediately; 

(d) “From”/“To”/“Reply-To” fields must accurately identify the sender and sending domain, with no false, misleading or disguised sender information, and third-party-domain sending must be disclosed; 

(e) the Customer must observe the platform’s configurable sending limits and frequency caps; and 

(f) Wiggli may verify deliverability and may block, throttle, rate-limit or suspend Outreach or access where it reasonably believes the Customer is in breach or poses a compliance, security or deliverability risk, without refund or credit and without affecting Fees. The Customer indemnifies Wiggli against all claims arising from its Outreach, contact lists/recipient data, or breach of this section.

4. Accountability

The Customer is responsible for all User activity and for account and credential security as set forth in the Agreement or otherwise notified to Customer or Users from time to time (including via in-Product notifications) and must immediately notify Wiggli of any suspected unauthorised access.

5. Customer transparency and data responsibility

The Customer is responsible for the accuracy, quality and provenance of Customer Content and for having all rights necessary to process such Customer Content. The Customer must comply with all applicable law, which may include providing notices to Users and/or data subjects that their personal data is subject to the Customer’s own privacy policy and any other terms governing the Customer’s use or processing of personal data under applicable data protection law. The Customer acknowledges that Wiggli does not assess the type or content of Customer Content to determine whether it constitutes personal data or is subject to any specific legal requirement.

6. Special category and criminal-offence data

The Customer must not deliberately submit, and must configure its use of the Product to avoid capturing, special category data (Article 9 GDPR) or criminal-offence data (Article 10 GDPR). If the Customer becomes aware that it has inadvertently submitted, generated or otherwise introduced any such data into the Product, it must notify Wiggli immediately and in any event within 24 hours of becoming aware, cease further processing of the affected data, and cooperate with Wiggli to isolate, remediate or securely delete it, without prejudice to any terms of the Agreement.

7. Enforcement

Wiggli may suspend, disable or restrict access to the Product, the AI Capabilities and/or any functionalities or features, in whole or in part and with or without notice, as it reasonably considers necessary to address an actual or suspected breach of this AUP or to protect the security, integrity or lawful operation of the Product or the rights or safety of any person. Wiggli may investigate suspected breaches and take any action it considers appropriate, including removing or disabling offending content and suspending or terminating access. A breach of this AUP is a material breach of the Agreement. Wiggli will not be liable for any action taken in good faith under this Section, and any such suspension does not relieve the Customer of its obligation to pay Fees and gives no refund rights.

8. Updates

Wiggli reserves the right to update this AUP from time to time by publishing a revised version on its website or providing notice through the Product in accordance with the Agreement. Customers and Users are responsible for reviewing the current version and any updates. Continued use of the Product after such update takes effect shall constitute acceptance of the revised Acceptable Use Policy.

‍