ACCEPTABLE USE POLICY
Recoup — Operated by Elzinga Creative Studio, LLC (operating as Recoup)
This Acceptable Use Policy ("AUP") governs Client's use of Recoup's re-engagement platform and services ("Services"). This AUP is incorporated by reference into the Client Service Agreement ("Agreement") between Recoup and Client. Capitalized terms not defined here have the meanings given in the Agreement.
Recoup designed this platform to help home-services businesses reconnect with past customers in a lawful, respectful, and permission-based manner. Any use that falls outside those guardrails puts Recoup's platform, its upstream carrier relationships, and real consumers at risk. Violations may result in immediate suspension or termination without notice or refund.
1. PERMITTED USE
Client may use the Services only to:
1.1 Contact individuals who are Client's own past customers and who Client believes, in good faith and based on legally compliant consent records, may be re-contacted under applicable law.
1.2 Send messaging content that accurately identifies Client's business, fairly describes the purpose of the message, includes a functioning and clearly stated opt-out mechanism, and complies with all applicable laws.
2. PROHIBITED CONTACTS
Client must not use the Services to contact:
2.1 Purchased, Rented, or Brokered Lists. Individuals sourced from any purchased, rented, licensed, co-registered, appended, or third-party brokered list. The Customer List must consist solely of individuals who have directly transacted with Client's own business.
2.2 Scraped or Harvested Contacts. Individuals whose contact information was obtained by scraping websites, directories, review platforms, social media, or any other automated data-collection process not based on a direct customer relationship.
2.3 Individuals Who Have Opted Out. Anyone who has previously requested to stop receiving communications from Client or from Recoup's platform on Client's behalf, including individuals on Client's internal do-not-contact list, individuals who responded "STOP," "UNSUBSCRIBE," "REMOVE," or any similar opt-out keyword, or individuals whose email address appears on a valid unsubscribe list maintained by Client.
2.4 Individuals Without Required Consent. Anyone for whom Client cannot document the specific, legally sufficient consent required by applicable law for the channel and method of communication being used—including, where required, prior express written consent under the TCPA for automated SMS to mobile numbers.
2.5 Individuals on the National Do Not Call Registry. Unless Client can demonstrate a recognized exemption (e.g., established business relationship within applicable look-back period under FCC rules), Client must not direct outreach to phone numbers registered on the National Do Not Call Registry or any applicable state do-not-call registry.
2.6 Minors. Individuals Client knows or reasonably should know are under the age of 18.
3. PROHIBITED CONTENT
Client must not submit, direct, or approve any campaign content that:
3.1 Is false, misleading, or deceptive, including false sender identification, inaccurate business descriptions, or misrepresentation of pricing, availability, or offers.
3.2 Violates CAN-SPAM, TCPA, the CTIA Messaging Principles and Best Practices, or any applicable federal, state, or local law or regulation.
3.3 Contains sexually explicit, harassing, threatening, defamatory, or otherwise unlawful content.
3.4 Uses spoofed caller ID, falsified "From" email headers, or any method designed to disguise the true origin of the message.
3.5 Promotes illegal goods, services, or activities.
3.6 Violates any intellectual property right of any third party.
3.7 Contains malware, phishing links, or any content designed to harm or deceive recipients' devices or accounts.
4. CONTENT AND FREQUENCY STANDARDS
4.1 Identification. Every message must clearly and conspicuously identify Client as the sender (or identify Recoup as sending on Client's behalf).
4.2 Opt-Out Instructions. Every SMS must include a clear, simple opt-out instruction (e.g., "Reply STOP to unsubscribe"). Every email must include a functioning unsubscribe link or mechanism.
4.3 Quiet Hours. Client must not direct SMS campaigns to recipients during hours prohibited by the TCPA or applicable state law (generally before 8 a.m. or after 9 p.m. local time of the recipient). Recoup may enforce quiet-hours restrictions at the platform level.
4.4 Frequency. Client must comply with Recoup's campaign frequency guidelines as communicated in writing from time to time. Sending excessively frequent messages to the same recipient is prohibited.
4.5 CTIA Guidelines. Client acknowledges that Recoup's upstream SMS providers require compliance with CTIA Messaging Principles and Best Practices, and Client agrees to comply with those guidelines as they are updated from time to time.
5. RECORDKEEPING AND AUDIT
5.1 Client must maintain accurate, complete, and readily retrievable records of consent for each individual on the Customer List, including the method, date, and language of consent, for the longer of: (a) four years from the date of the most recent contact; or (b) the period required by applicable law.
5.2 Client must provide consent records to Recoup or any regulatory authority upon request within five (5) business days.
5.3 Recoup reserves the right to audit Client's compliance with this AUP at any time upon reasonable notice. Client agrees to cooperate fully with any such audit.
6. CONSEQUENCES OF VIOLATION
6.1 Immediate Suspension. Recoup may immediately suspend Client's access to the Services, without notice or liability to Client, upon Recoup's reasonable belief that Client has violated or is violating any provision of this AUP.
6.2 Termination. A violation of this AUP constitutes a material breach of the Agreement. Recoup may terminate the Agreement for cause pursuant to the termination provisions of the Agreement.
6.3 Cost Recovery. Client shall reimburse Recoup for any fines, penalties, carrier fees, or third-party claims arising from Client's violation of this AUP, including costs incurred defending against regulatory action.
6.4 No Refund. Suspension or termination due to an AUP violation does not entitle Client to a refund of any fees paid.
7. UPDATES TO THIS POLICY
Recoup may update this AUP at any time. Recoup will provide Client with at least 14 days' written notice of material changes. Client's continued use of the Services after the notice period constitutes acceptance of the updated AUP.
8. QUESTIONS
Questions about this AUP should be directed to Recoup at the contact information set forth in the Agreement or Order Form.
*This AUP is a living document. It does not constitute legal advice. Clients should consult their own legal counsel regarding their specific compliance obligations.*