Breezy is built to help sales teams communicate with their customers and prospects. This policy exists to keep that communication lawful, to protect the people on the receiving end, and to protect Breezy’s customers, phone numbers, sending domains, and reputation.
This Acceptable Use Policy (this “Policy”) forms part of the Terms of Service between BURNING BUSH SOFTWARE CORPORATION (“Breezy,” “we,” or “us”) and each Customer (the “Agreement”). Capitalized terms not defined in this Policy have the meanings given in the Agreement. In this Policy, “you” means Customer and its Users.
Compliance with this Policy is a condition of access to the Services. This Policy applies to all Services, including features powered by third-party providers. Customer shall ensure that each of its Users complies with this Policy and is responsible for any violation by a User. You shall not assist or enable anyone else to violate this Policy. A violation of this Policy is a breach of the Agreement. This Policy supplements, and does not limit, Customer’s obligations under the Agreement and applicable law. If this Policy conflicts with the body of the Agreement, the Agreement controls.
This Policy does not apply to individuals who receive messages sent through the Services. Our relationship with those individuals is governed by our SMS / Messaging Terms.
Sections 2 through 8 set out the rules in plain language. Sections 1, 9, and 10 set out reporting obligations, the contractual consequences of a violation, and our rights.
1. Reporting Suspected Violations
1.1 Recipients and the Public. If you received an unwanted email or text message sent through Breezy, or suspect any other violation of this Policy, please report it to legal@mybreezy.app. For email, include the full message with headers. For text messages, include the sending number, the date and time, and the message content. We review every report.
1.2 Customers and Users. Customer shall notify us in writing at legal@mybreezy.app promptly after Customer or any User becomes aware of, or reasonably suspects, any violation of this Policy. Security incidents and vulnerabilities shall be reported to privacy@mybreezy.app.
2. Email
Don’t send spam. Every email you send through Breezy must follow these rules:
- Be accurate. Use accurate sender names, email addresses, “Reply-To” and routing information, and subject lines. Nothing false or misleading.
- Use your own lists. Email only people who gave you their address or have a business relationship with you. Don’t use bought, rented, shared, harvested, or scraped addresses.
- Identify marketing. Make clear that a marketing email is an advertisement unless the recipient opted in to receive it.
- Include a postal address. Every marketing email must include a valid physical postal address for your organization.
- Make unsubscribing easy. Include a working unsubscribe link in every marketing email, and honor unsubscribe requests within 10 business days. If you send in bulk, support one-click unsubscribe.
- Keep complaints and bounces low. Keep your spam complaint rate below 0.3% and your bounce rate low. If you send from your own domain, set up SPF, DKIM, and DMARC.
3. Text Messaging and Calls
Text messaging is the most heavily regulated thing you can do in Breezy. You must comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), state telemarketing and messaging laws, and do-not-call rules; with carrier and messaging-provider policies; and with industry guidelines, including those of CTIA. The rules below are the minimum.
Before you text someone
- Get the right consent. You need the person’s prior express written consent before sending marketing or promotional texts, and at least their prior express consent before sending any other texts. The consent must be given to your organization. Don’t rely on consent collected by a lead seller or other third party unless it names your organization.
- Show a clear disclosure when you collect consent. State your organization’s name, what kinds of messages you’ll send, that messages may be sent using automated technology, that message frequency varies, that message and data rates may apply, that the person can reply HELP for help and STOP to opt out, and that consent is not a condition of purchase. Link to our SMS / Messaging Terms and your own privacy policy. Don’t hide the disclosure behind a link, and never pre-check a consent checkbox.
- Keep records of consent for at least five years: the phone number, the date and time, how consent was collected, and the exact disclosure shown.
- Check do-not-call lists. Don’t send marketing texts to numbers on the National Do Not Call Registry, a state do-not-call list, or your own internal do-not-contact list unless you have the person’s written consent.
- Don’t use bought, rented, shared, or scraped lists, and don’t text numbers you found online.
When you text
- Respect quiet hours. Send marketing texts only between 9 a.m. and 8 p.m. in the recipient’s local time, Monday through Saturday. Don’t send them on Sundays or federal holidays. Replies to a message the recipient just sent you are not subject to these hours.
- Say who you are. Include your organization’s name in every marketing text and in the first message of every conversation.
- Tell people how to stop. Include “Reply STOP to opt out” in your first message and at least once a month after that.
- Keep links honest. Use links to your own domain. Don’t use public link shorteners, and don’t disguise where a link goes.
- Avoid restricted content. Don’t send texts about sex, hate, alcohol, firearms, tobacco, vaping, or cannabis (including CBD), or about any industry listed in Section 7, unless we approve it in writing. Carriers block this content.
- Don’t game the system. Don’t spoof numbers, rotate numbers to get around carrier filtering, or send from a number that isn’t registered for your use.
When someone wants to stop
- Stop right away. Breezy processes STOP replies automatically. If someone asks you to stop any other way (by email, phone, in person, or in a reply that doesn’t say STOP), record the opt-out in Breezy immediately. The law requires opt-outs to be honored within 10 business days at the latest.
- Never re-add someone who opted out unless they opt in again on their own.
- Stop texting reassigned numbers. If you learn that a number now belongs to someone else, stop texting it.
Calls
- Get consent to record. If you record calls, follow call-recording consent laws. Some states require every participant’s consent.
- No emergency calls. Breezy is not a telephone service. Don’t use it to contact emergency services.
Carrier fines and complaints. Carriers can fine, block, or suspend senders who break their rules. Section 9.4 explains who bears those costs, and we may restrict your messaging if we receive repeated complaints or a carrier or provider instructs us to.
4. No Disruption
Don’t do anything that harms Breezy, our other customers, or anyone else’s systems, whether you mean to or not. In particular, don’t:
- Interfere with the operation, privacy, integrity, or security of anyone’s accounts, systems, networks, data, or business.
- Overload or impair the Services, or get around usage or rate limits.
- Use bots, scrapers, or scripts to access the Services, or access them other than through the interfaces we provide.
- Try to gain unauthorized access to the Services or to any account, system, or data, or probe, scan, or test our security without our written permission.
- Share logins. Each User needs their own account. Turn on multi-factor authentication or single sign-on where available.
- Send malware, or engage in hacking, spoofing, mail bombing, or denial-of-service attacks.
- Cause our phone numbers, IP addresses, or sending domains, or yours, to be blocked or blacklisted.
- Use the Services in violation of export control or sanctions laws.
5. Proper Use of Breezy
Use it for your business. Breezy is for your organization’s internal business use. Don’t resell it, offer it as a service to others, or use it to get around the limits of your plan, for example by uploading contacts, messaging them, and deleting them to stay under a limit.
Prohibited content and conduct. Don’t use Breezy to create, send, or store anything that is:
- Threatening, abusive, harassing, stalking, or defamatory.
- Deceptive, false, misleading, or fraudulent.
- An invasion of anyone’s privacy or publicity rights.
- Obscene, sexually explicit, or exploitative of minors.
- Infringing of anyone’s copyright, trademark, or other intellectual property.
- An impersonation of any person or organization, or a misrepresentation of who you are or whom you represent.
- Promoting hate, violence, or discrimination based on any characteristic protected by law.
- Illegal, or encouraging or facilitating illegal activity.
Customer data and privacy.
- Only add data you’re allowed to use. Collect and upload personal information only if you have the legal right to do so and have given any notice the law requires.
- Don’t upload sensitive data. This includes health information, payment card numbers, Social Security and other government ID numbers, biometric data, precise geolocation, and information about children under 16.
- Don’t harvest. Don’t collect people’s email addresses, phone numbers, or other information without their consent, or scrape websites or social networks in violation of their terms or the law.
- Don’t make eligibility decisions. Breezy is not a consumer reporting agency. Don’t use it to decide anyone’s eligibility for credit, employment, insurance, housing, or any other purpose covered by the Fair Credit Reporting Act.
- Respond to privacy requests. When someone asks you to access, correct, or delete their information, respond as the law requires. We’ll refer requests we receive about your data to you.
Organizations that promote hate. We do not provide the Services to organizations that promote hate, violence, or unlawful discrimination, whether or not they use Breezy to do so.
6. AI Features
- Review before you rely. AI output can be wrong. Check summaries, drafts, and recommendations before you use them or send them to anyone.
- Don’t deceive. Don’t use AI features to create misleading content, fake reviews or testimonials, or content that impersonates a real person.
- Don’t pretend AI is a person. If an AI feature communicates with someone on your behalf without a person reviewing it first, don’t suggest it’s a human, and disclose that it’s automated wherever the law requires.
- Keep people in charge of big decisions. Don’t use AI features for automated decision-making where the law prohibits it, or as the sole basis for a decision that has a legal or similarly significant effect on a person or that poses a material risk to anyone’s health, safety, or fundamental rights.
- Don’t tamper. Don’t try to bypass safety controls, extract system prompts or underlying models, or use output to build a competing AI model.
- Follow our AI providers’ rules. Some AI features are powered by third-party providers. When you use them, you must also follow the Anthropic Usage Policy and the xAI Acceptable Use Policy.
7. Restricted Industries
Some industries generate far more complaints and carrier blocks than others. Unless we approve it in writing, don’t use Breezy to market or sell:
- Cryptocurrency, NFTs, or other speculative investments.
- Payday loans, debt relief, credit repair, or other high-risk financial products.
- Gambling or sweepstakes.
- Prescription drugs, or tobacco, vaping, or cannabis products (including CBD).
- Escort or dating services, or adult content.
- Work-from-home, “make money online,” multi-level marketing, or affiliate marketing opportunities.
- Lead generation for third parties, or contact lists (list brokers and list rentals).
- Fake followers, likes, reviews, or engagement.
8. Breezy Trademarks
Don’t use the Breezy name, logo, or other marks without our written permission, and don’t suggest that we sponsor, endorse, or employ you or your organization. Don’t remove or alter any Breezy marks or notices that appear in the Services.
9. Enforcement
9.1 Investigation and Cooperation. We may investigate any suspected violation of this Policy, including through complaint and delivery monitoring. Customer shall cooperate with any such investigation, including by providing records of consent and opt-out requests within five business days after our request. We have no obligation to monitor use of the Services, and our decision not to act on a violation does not waive our right to act on it later.
9.2 Remedies. If we reasonably determine that Customer or any User has violated this Policy, or if Customer fails to respond within a reasonable time after we contact Customer about a potential violation, we may, in addition to any other rights and remedies under the Agreement or applicable law: (a) remove or disable any content; (b) restrict, throttle, or suspend messaging, email, AI, or other features; (c) suspend access to all or part of the Services for Customer or any User; and (d) treat the violation as a material breach of the Agreement for purposes of Section 5.5 of the Terms of Service.
9.3 Notice. Where reasonably practicable, we shall give Customer notice and an opportunity to cure before taking action under Section 9.2(b) or (c), except where we reasonably determine that the violation presents a risk of harm to any person, legal liability, or action by a carrier or other provider. Suspension under Section 9.2 does not relieve Customer of its payment obligations, and we shall restore access promptly after the violation is resolved.
9.4 Carrier and Provider Actions. Mobile carriers, messaging providers, email providers, and AI providers may independently filter, block, or suspend messages, phone numbers, sending domains, or features, and may instruct us to do so. We are not liable for any such action or for any action we take at a carrier’s or provider’s instruction. Customer shall reimburse us for any fines, fees, or penalties assessed against us by a carrier or provider to the extent they result from a violation of this Policy by Customer or its Users.
9.5 Restricted Industries. We may decline to provide, or discontinue, the Services to any Customer that operates in an industry listed in Section 7 or that we reasonably determine promotes hate, violence, or unlawful discrimination. If we discontinue the Services under this Section 9.5 other than for Customer’s violation of this Policy, we shall refund any prepaid fees covering the remainder of the Subscription Term.
9.6 Disclosure to Authorities. We may report suspected violations of law, and disclose related information, to law enforcement, regulators, carriers, and other providers, in accordance with applicable law and our Privacy Policy.
10. Changes to This Policy
We may modify this Policy in accordance with Section 12 of the Terms of Service (Changes to This Agreement), including its notice requirements.