Policies

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YOURKIND — Acceptable Use Policy (AUP)

1 Introduction

1.1

YourKind provides a platform for event and experience organisers, venues and brands (brands) to host, manage, and promote events and experiences, as well as communicate with their audience, including attendees, via email and SMS. This Acceptable Use Policy forms part of, and is incorporated into, YourKind’s Terms of Service, and further outlines the rules governing the use of our platform and services. By using YourKind, you agree to comply with this policy.

1.2

This policy applies to you if you use YourKind. It also applies to your team members and to anyone else you give access to your account, and you are responsible for their acts and omissions as if they were your own.

1.3

In this policy, references to a message include any email, SMS, WhatsApp message, push notification or other electronic communication sent through YourKind.

2 Prohibited activities

You agree not to use YourKind to:

  1. Illegal Activity: Engage in or promote any illegal activities, including but not limited to fraud, impersonation, and activities that violate applicable laws and regulations.
  2. Harmful Content: Create, upload, or distribute content that is harmful, abusive, defamatory, obscene, harassing, or otherwise objectionable.
  3. Spam and Unsolicited Communications: Send any message to a person who has not given valid consent to receive it, or who has opted out of receiving it.
  4. Intellectual Property Infringement: Upload, distribute, or share content that violates the intellectual property rights of others, including copyrighted material, without proper authorisation.
  5. Security Violations: Attempt to gain unauthorised access to our systems, other users’ accounts, or to conduct activities that could compromise the security or availability of our services.
  6. Disruptive Behaviour: Disrupt or interfere with the proper functioning of YourKind or any third-party systems, including launching any form of denial-of-service attack.
  7. Unintended Use: Use YourKind principally as a messaging service, without genuinely creating and running events or experiences on the platform.
  8. Misrepresenting the Sender: Send any message that conceals or misrepresents who the sender is, or that is sent on behalf of a third party without our prior written consent.
  9. Circumventing Opt-Outs: Remove, obscure, disable or fail to honour an opt-out mechanism, re-add a contact who has opted out, or use another account or sender identity to reach a person who has opted out.
  10. Prohibited Message Content: Send messages relating to sex, hate speech, alcohol, firearms or tobacco, to controlled or illegal substances, to gambling where not licensed to do so, or to high-risk financial services, where the message is delivered by SMS to a recipient in a country whose carriers prohibit that content.

3 Consent and marketing communications

3.1

You represent and warrant that, before sending any marketing message through YourKind, you have obtained valid consent from the recipient to receive that message, on that channel and in relation to that subject matter, and that you are able to evidence that consent. This applies under every law that applies to the message, including the Spam Act 2003 (Cth), the Telephone Consumer Protection Act and the CAN-SPAM Act in the United States, the Privacy and Electronic Communications Regulations and the UK GDPR in the United Kingdom, the ePrivacy Directive and the GDPR in the European Economic Area, and Canada’s Anti-Spam Legislation.

3.2

Consent is not transferable. Consent given to you may not be relied on by any other brand, and consent given to another brand may not be relied on by you. You must not import, upload or otherwise use contact details collected by or on behalf of another brand, whether or not that brand uses YourKind.

3.3

You must not upload, import or send to any list that has been purchased, rented, leased, appended, scraped, harvested, obtained through co-registration, or otherwise acquired from a third party, or to any contact whose details you did not collect yourself.

3.4

Every marketing message you send must clearly identify you as the sender and must contain a working means of unsubscribing. You must action every opt-out request promptly, and in any event within the time required by the law that applies to the recipient.

3.5

You must not send marketing messages by SMS to a recipient in the United States outside the hours of 8am to 9pm in the recipient’s own local time.

3.6

You must comply with the acceptable use and messaging policies of the providers we use to deliver messages, with the CTIA Messaging Principles and Best Practices, and with the requirements of the mobile carriers that deliver your messages, in each case as if you were directly bound by them.

3.7

If we ask, you must provide evidence of consent for any recipient within 5 business days. That evidence must show the source of the consent, the date and time it was given, the method by which it was given, and the exact wording of the disclosure shown to the recipient at the time. Failure to provide it is a breach of this policy and grounds for suspension.

4 Contact information and audience data

4.1

You are responsible for having the right to provide us with any contact details you upload or import, and for having given the notices and obtained the consents required by privacy law before you do so.

4.2

You must not use a questionnaire, form or any other feature of YourKind to ask for information you are not legally entitled to collect. In particular, you must not use them to collect health information, information about a person’s race, ethnicity, religion, political opinions, sexual orientation or biometric data, or any other sensitive or special category information, unless you have a lawful basis to do so and have obtained any consent that basis requires.

4.3

You must maintain your own privacy policy, publicly accessible at a stable web address, that accurately describes how you handle the personal information you collect through YourKind, and you must keep it current.

4.4

You are responsible for complying with privacy law in relation to your own records of your audience, including responding to requests from individuals to access, correct or delete the information you hold about them.

5 Fair use policy

YourKind’s communication tools (e.g., Email and SMS) should be used reasonably. Any excessive or unfair use that adversely impacts the platform’s performance for others may lead to limitations or suspension of services. Limiting your use of the platform is at the sole discretion of YourKind. We may apply sending limits, throttle delivery, require additional verification, or require you to register a sender identity, where we consider it necessary to protect the platform, our delivery reputation, or other users.

6 Monitoring

6.1

We may review, by automated means or manually, the content of messages sent through YourKind, the lists you send to, and metrics including delivery rates, bounce rates, complaint rates and opt-out rates. We are not obliged to monitor, and doing so does not make us responsible for your messages or your content.

6.2

We may act on information provided to us by a message delivery provider, a mobile carrier, a regulator or a recipient, without first verifying it independently.

7 User content

All content you upload, share, or distribute through YourKind must adhere to our Terms, Policies, and local regulations. We reserve the right to review, remove, or disable access to any content that violates this AUP.

8 Suspension and termination

8.1

If we consider that you have breached this policy, or that you are likely to, we may suspend or terminate your account, suspend or block any message or campaign, restrict your access to any feature, or remove any content. We may do so immediately, without notice, without giving you an opportunity to remedy the breach, and without liability to you. Repeated or serious breaches may result in permanent removal from the platform and legal action.

8.2

We may also suspend or terminate your account where a message delivery provider, a mobile carrier or a regulator requires us to do so, or where continuing to carry your messages would in our reasonable opinion put our platform, our delivery reputation or our relationships with our providers at risk.

8.3

No refund of any fee is payable on suspension or termination under this policy.

9 Indemnity

9.1

You indemnify us against all loss, damage, cost, expense, fine, penalty and liability we suffer or incur arising out of or in connection with your breach of this policy, including any claim by a recipient, any action or penalty imposed by a regulator, any charge or penalty imposed by a message delivery provider or mobile carrier, and our reasonable legal costs. Your liability under this indemnity is reduced to the extent that the loss was caused by our own negligence or our own breach of our Terms of Service. This indemnity is not subject to any limitation or exclusion of liability in our Terms of Service.

9.2

Clause 9.1 survives the suspension or termination of your account and the termination of our Terms of Service.

10 Reporting violations

If you encounter a breach of this policy, please report it to us immediately at [email protected]. If you have received a message through YourKind that you believe you did not consent to, you may also contact us at that address and we will investigate.

11 Amendments

This policy is effective from 1 July 2024 and was last updated on 1 July 2026. YourKind reserves the right to modify this policy at any time. Any changes will be communicated to users, and continued use of the platform will constitute acceptance of any updated terms.

Contact

For general enquiries, please contact our team.