Acceptable Use Policy

Last Updated: November 23, 2023

1. Introduction

This Acceptable Use Policy (or “AUP”) is a binding legal agreement between you and Boulevard Labs, Inc. (“Boulevard”) that describes rules that apply to your access and use of the Boulevard Services and Platform, as well as the access and use of your Users and Clients. Customer is responsible for its Users’ and Clients’ compliance with this AUP. While this AUP describes usage and activities in connection with our Services that we prohibit, the list of prohibited conduct in this AUP is not exhaustive. If Customer or any User or Client violates this AUP, Boulevard may suspend or terminate Customer’s use of the Services.

You acknowledge that this Acceptable Use Policy is hereby incorporated into and made part of the Main Services Agreement (“MSA”). If you see an undefined term in this Acceptable Use Policy, it has the same definition as in the MSA. Except as expressly provided herein, the AUP supplements the Parties' rights and obligations under the MSA. This AUP may be updated by Boulevard from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this AUP at https://www.joinblvd.com/legal/acceptable-use-policy. Your continued use of the Services shall be deemed your conclusive acceptance of any such revisions.

BY USING OR OTHERWISE ACCESSING THE BOULEVARD SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.

2. No Misuse of the Services.

Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, a violation of others’ rights, or harmful to Boulevard’s business operations or reputation.

3. No Infringing, Illegal, Inappropriate, Threatening, Defamatory, or Offensive Uses.

You may not use the Services to violate any Applicable Law. “Applicable Law” includes all applicable laws, rules, regulations, or governmental orders applicable to you, your business, or the subject matter of this AUP, the MSA, and the use of our Services, including, without limitation, laws governing the use of individual information, deceptive and misleading business practices and advertising, privacy laws, anti-money laundering laws, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended.

Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

  • Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.

  • Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.

  • Creating a false identity or any attempt to impersonate any person or entity, including, but not limited to, Boulevard personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Attempting to mislead others as to the identity of the sender or origin of any data or communications.

  • Making available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically, or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.

  • Making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

  • Bullying, stalking, threatening, or otherwise harassing any person or entity, including Boulevard employees or partners.

  • Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.

  • Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.

  • Deceptive practices such as posing as another service for the purposes of phishing or pharming.

  • Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.

  • Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Sending unwanted telemarketing, promotional or informational messages without having procured the necessary consents, rights and license from the recipient(s) of your messages.

  • Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.

  • Sending Protected Health Information (“PHI”) unless you are allowed under Applicable Law and have completed all the required steps to process PHI on the Boulevard Platform, as described in the MSA.

  • Offering marijuana and CBD-related products or services.

Registering for more Customer Accounts than for which fees have been paid or register for an Account on behalf of an individual other than yourself. Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

4. No Violations of Industry Standards.

You may not use the Services to violate Industry Standards or telecommunications providers’ requirements or guidance, including those of The Campaign Registry (“TCR”), including, but not limited to, any of the foregoing that require (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications, (b) compliance with opt-out requests for any data or communications, or (c) prohibition of messages containing restricted content.

5. Regulated and Sensitive Information.

You agree to follow best practices for processing and storing credit card information on our Platform. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information, cardholder data protected under PCI-DSS regulations (such as credit or debit card data), or other financial data (including any bank account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

6. No Inappropriate Content or Users.

Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or objectionable, including, but not limited to, content or communications that Boulevard determines (a) is false or inaccurate; (b) is hateful or encourages hatred or violence against individuals or groups; or (c) could endanger public safety. This prohibition includes the use of the Services by a hate group. Customer and its Users are also prohibited from using the Services to promote, or enable the transmission of or access to, any prohibited content or communications described in this Section.

7. Restricted Services & Transactions.

You agree not to use the Services, including our Payment Processing Services, to advertise or provide services or process transactions that are illegal, or restricted by card networks, our processors, or our financial institutions. Marketing services, providing such services, or processing transactions in violation of this may result in a restriction of Service access and/or termination of your Customer Account and our Agreement with you (“Restricted Services & Transactions”). Restricted Services & Transactions include, but are not limited to:

  • Adult

  • Dating services

  • Massage parlors

  • Sex work

  • Drug

  • Drugs or drug paraphernalia

  • Marijuana and CBD-related products or services

  • Peptides

  • Personal enhancement products or nutraceuticals (vitamins, supplements, herbals)

  • Pharmaceuticals

  • Pseudo pharmaceuticals

  • Financial services

  • Cash advances

  • P2P payments

  • Money transmitter

  • Gambling, Lottery

  • Contests, sweepstakes, or raffles

  • Offering prizes as an inducement to purchase goods or services

  • High Risk

  • International card sales greater than 20% of total sales

  • Merchants who are known to have labor/working condition issues

  • High Risk (Cont’d)

  • Merchants whose proceeds may have the potential to impact indigenous peoples

  • Merchants who have been subject to allegations and impacts related to human rights violations

  • Money-back guarantees exceeding 30 days

  • Illegal

  • Counterfeit or possibly counterfeit goods, or products that infringe on the intellectual property rights of others

  • Deceptive, unfair, or predatory practices

  • Hate, violence, racial intolerance, terrorism, the financial exploitation of a crime, or items or activities that encourage, promote, facilitate, or instruct others regarding the same

  • Unlawful activities, illegal substances or products, or items that encourage, promote, facilitate, or instruct others regarding the same

  • Regulated

  • Age-restricted products or services, such as alcohol

  • Firearms, including ammunition

  • Tobacco, cigarettes, e-cigarettes, hookah

  • Weapons of any kind

In addition, you agree not to use the Services, including our Payment Processing Services, to not submit any Transactions that are illegal, fraudulent, or unauthorized and will only submit transactions for the sale of your own goods and services.

8. Interference with the Services.

You may not interfere with or otherwise negatively impact any aspect of the Services. You may not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other systems accessible through, or in connection with, the Services. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with Boulevard's or its service partners’ ability to provide the Services, or that otherwise may create legal liability for Boulevard or its service partners in Boulevard’s sole discretion. You shall not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider.

Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

  • Reverse engineering, copying, disassembling, or decompiling the Services.

  • Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.

  • Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.

  • Attempting to gain unauthorized access to the Services.

  • Hacking, cracking into or otherwise using the non-public areas of the Services or any other system without authorization.

  • Unauthorized probes or port scans for vulnerabilities.

  • Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.

  • Web crawling or scraping.

  • Unauthorized network monitoring or packet capture.

  • Forged or non-standard protocol headers, such as altering source addresses.

  • Flooding.

  • Denial of Service (DoS) attacks or any other conduct that attempts to disrupt, disable, or overload the Services.

  • Transmitting or distributing unauthorized code, data, files, scripts, agents or programs intended to do harm to the Services, including malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code

  • Using automated means, such as bots, to gain access to or use our Services, including our Platform and Software.

  • Operating network services such as open proxies; open mail relays; or open, recursive domain name servers.

  • Sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the MSA or this AUP.

  • Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

9. No Spam.

You shall not use the Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with whom you have no pre-existing business or personal relationship. You shall not use the Services to collect responses from spam. You shall not harvest, collect, gather, or assemble information or data of users, including email addresses, without their consent. You are solely responsible for obtaining all necessary and appropriate rights, licenses, and consents from those person(s) and entity(ies) with whom you message or otherwise communicate via the Services, prior to commencing any such messaging or communication. Additionally, you shall not use the Services to send unwanted messages to individuals who have asked to stop receiving messages through any medium. To the extent required by Applicable Law, you must track and record all such requests specific to your business. You must also provide recipients of those MMS/SMS messages you send via the Services with conspicuous notice of their ability to opt-out from receiving any future text messages, by texting STOP in a stand-alone message with no additional characters or punctuation. Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

  • Sending pyramid schemes.

  • Sending chain letters.

  • Sending any mail in contravention of Applicable Law.

  • Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.

  • Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

10. Data Safeguards.

You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Users and anyone to whom you provide access to the Services or the content you create using the Services.

11. Violations.

Boulevard has the right, but not the obligation, to monitor or investigate your use of the Service at any time for compliance with this AUP or any other Terms. If we believe that (i) your conduct violates the letter or spirit of this AUP, (ii) you engage in activities that could damage our reputation, or (iii) you behave in a matter that opposes our Company's Core Values, we reserve the right to take any corrective action that we deem to be appropriate.

Corrective action may include but is not limited to, blocking your payment transaction, holding funds, suspending or restricting your use of the Boulevard Services, or terminating your Customer Account. Our determination of whether a violation of this Policy has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion. Boulevard reserves the right to investigate and take appropriate legal action in accordance with the Terms.

If you believe someone else has violated this Policy, please report the violation to Boulevard by emailing support@joinblvd.com.