Acceptable Use Policy
Contents
- 1. Scope
- 2. Lawful Use
- 3. Messaging and Spam
- 4. Prohibited Content and Conduct
- 5. Prohibited Sensitive Data
- 6. Health and Fitness Information
- 7. Employment and Workforce Use
- 8. Security and Access
- 9. Data Rights and Imports
- 10. Franchise, Agency, and Multi-Location Access
- 11. AI and Automation
- 12. Third-Party Providers
- 13. Monitoring and Investigation
- 14. Enforcement
- 15. Reporting Violations
- 16. Changes to This AUP
- 17. Relationship to Agreement
Purpose. This document is incorporated into the applicable JAMr FIT Order Form and Master SaaS Terms when identified there or otherwise made applicable to Client.
1. Scope
This Acceptable Use Policy (“AUP”) governs use of JAMr FIT by Client and all users authorized through Client’s account. Client is responsible for ensuring its employees, contractors, franchise administrators, agencies, consultants, and other users comply with this AUP. Capitalized terms not defined here have the meanings assigned in the Master SaaS Terms.
2. Lawful Use
Client shall use JAMr FIT only for lawful business purposes and in compliance with applicable federal, state, local, and international laws, regulations, court orders, carrier rules, provider requirements, and contractual obligations.
3. Messaging and Spam
Client shall not use JAMr FIT to send unlawful, deceptive, abusive, or unsolicited communications. Client shall not:
- send bulk marketing communications without the consent or other lawful basis required by applicable law
- purchase, scrape, harvest, or unlawfully obtain telephone numbers, email addresses, or contact lists
- continue messaging a recipient after a valid STOP, unsubscribe, revocation, or do-not-contact request where continued communication is prohibited
- re-import, re-enable, reroute, or otherwise work around a suppression list or opt-out
- classify marketing or promotional content as transactional, informational, servicing, appointment-related, or exempt for the purpose of bypassing consent or suppression controls
- use misleading caller ID, sender information, From addresses, subjects, domains, or identities
- use JAMr FIT to facilitate unlawful robocalls, prerecorded calls, automated calls, or unlawful call recording; or
- generate messaging traffic reasonably likely to cause excessive complaints, provider suspensions, carrier filtering, or material reputational harm.
4. Prohibited Content and Conduct
Client shall not upload, create, transmit, distribute, store, or facilitate content or conduct that:
- is unlawful, fraudulent, deceptive, defamatory, threatening, harassing, abusive, discriminatory, exploitative, or obscene
- facilitates phishing, credential theft, malware, ransomware, malicious code, fraud, impersonation, or unauthorized access
- infringes or misappropriates copyrights, trademarks, trade secrets, publicity rights, privacy rights, or other third-party rights
- promotes or facilitates illegal products, services, transactions, or activity
- contains materially false or misleading pricing, health, fitness, employment, promotional, or business claims
- attempts to evade carrier, mailbox-provider, telecommunications, or platform enforcement mechanisms; or
- otherwise creates a material legal, security, reputational, or operational risk to RetterTEK, JAMr FIT, a subprocessor, another customer, or any third party.
5. Prohibited Sensitive Data
Unless RetterTEK expressly supports a particular data type through an approved integration or separately agreed service, Client shall not store or transmit through general CRM fields, notes, forms, file uploads, or media-storage functionality:
- Protected Health Information requiring a HIPAA Business Associate Agreement
- full payment-card account numbers, magnetic-stripe data, PIN data, or CVV/CVC security codes
- bank-account or routing credentials
- Social Security numbers
- driver’s-license numbers
- passport numbers
- government identification documents; or
- authentication secrets or credentials intended for access to financial accounts.
- Tokenized, masked, or truncated identifiers supplied through an approved integration may be processed where RetterTEK expressly supports that integration and data type.
6. Health and Fitness Information
Client shall not use JAMr FIT as a clinical medical record system or upload medical diagnoses, insurance information, clinical treatment notes, or other PHI requiring HIPAA protections. Where Client collects body-composition information, progress photographs, wellness data, or other potentially sensitive fitness information that is not PHI, Client is responsible for legally required notices, consent, retention, and deletion requirements.
7. Employment and Workforce Use
Client shall not use workforce, timekeeping, payroll-export, commission, or scheduling functionality to intentionally falsify time records, conceal compensable time, evade wage-and-hour requirements, discriminate unlawfully, or otherwise facilitate violations of employment law. Client remains responsible for worker classification, overtime, minimum wage, breaks, commissions, payroll, joint-employment analysis, and other employment obligations as provided in the Master SaaS Terms.
8. Security and Access
Client shall not:
- share credentials with unauthorized persons
- attempt to gain access to another tenant, account, database, system, or restricted feature without authorization
- circumvent authentication, authorization, rate limits, technical restrictions, or security controls
- probe, scan, or test vulnerabilities without RetterTEK’s prior written authorization except through an expressly authorized security-testing program
- introduce malware, malicious code, denial-of-service traffic, or destructive payloads
- use automated means to extract or scrape data except through an expressly authorized API or integration
- reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent such restriction is prohibited by applicable law; or
- use JAMr FIT in a manner that materially degrades service for other customers.
9. Data Rights and Imports
Client shall not import, upload, sync, disclose, or process information unless Client has the legal right and authority to do so. Client shall not use JAMr FIT to process stolen data, unlawfully obtained lists, data obtained in breach of another party’s contract, or personal information that Client is prohibited from using for the configured purpose.
10. Franchise, Agency, and Multi-Location Access
Client shall not grant franchise-wide, agency, cross-location, or administrative access beyond the authority Client actually possesses. Client shall not use cross-tenant or multi-location functionality to access, market to, export, or manage data belonging to an independently owned business without legal and contractual authority.
11. AI and Automation
Client shall not use AI-assisted or automated functionality to generate or send unlawful, deceptive, discriminatory, infringing, or otherwise prohibited content. Client is responsible for reviewing AI output where review is available and for the consequences of enabling automated-send or automated-action functionality. Client shall not attempt to use JAMr FIT AI features to extract system prompts, confidential information, another customer’s data, security credentials, or restricted system information.
12. Third-Party Providers
Client shall comply with applicable rules and acceptable-use requirements of third-party providers used with JAMr FIT, including telecommunications carriers, messaging providers, email providers, payment providers, membership systems, and other integrations. Client shall not use JAMr FIT to cause RetterTEK to violate a provider agreement or network rule applicable to the Services.
13. Monitoring and Investigation
RetterTEK does not undertake a general obligation to monitor Client content. RetterTEK may, however, investigate suspected violations of this AUP, review relevant account or traffic information where reasonably necessary, preserve evidence, cooperate with lawful requests, and take protective action consistent with the Agreement and applicable law.
14. Enforcement
Depending on the severity and urgency of a suspected violation, RetterTEK may issue a warning, require corrective action, throttle traffic, block specific content or workflows, restrict integrations or features, suspend messaging, suspend account access, or terminate Services as permitted by the Master SaaS Terms. RetterTEK may take immediate action without prior notice where reasonably necessary to address spam, fraud, security threats, illegal activity, forged consent, provider or carrier demands, material complaint rates, governmental requests, threats to other customers, or material legal or reputational exposure.
15. Reporting Violations
Suspected abuse, security issues, or violations of this AUP may be reported to legal@jamrfit.com.
16. Changes to This AUP
RetterTEK may update this AUP as the Services, provider requirements, or legal risks evolve. Each version will display a version number and effective date. Historical versions applicable to signed customer contracts will be preserved in accordance with RetterTEK’s legal-document versioning practices.
17. Relationship to Agreement
A violation of this AUP is a violation of the Agreement. If this AUP conflicts with the Master SaaS Terms, the Master SaaS Terms control unless this AUP expressly states otherwise for a specific use restriction. The Order Form controls for expressly negotiated commercial terms.