Back to home

Legal

Acceptable Use Policy

Last Updated: March 14, 2026

This Acceptable Use Policy (“AUP”) governs your use of the messaging, outreach, and communication features provided through the Praising.ai platform (the “Services”), operated by XAscend LLC (“Company,” “we,” “us,” or “our”).

This AUP is incorporated into and forms part of our Terms of Service. By using the Services, you agree to comply with this AUP in its entirety. Violation of this AUP may result in immediate suspension or termination of your account without notice or refund.

We reserve the right to update this AUP at any time. Changes will be reflected by the “Last Updated” date above. Continued use of the Services constitutes acceptance of the revised AUP.

1. SCOPE

This AUP applies to all communications sent through or facilitated by the Platform, including but not limited to:

  • SMS and text messages;
  • Email messages;
  • WhatsApp messages;
  • Review request messages;
  • Feedback and survey requests;
  • Any other electronic communication sent to your customers or contacts through the Platform.

2. CONSENT REQUIREMENT — NO COLD OUTREACH

This is the most important section of this AUP. Read it carefully.

YOU MAY ONLY SEND MESSAGES THROUGH THE PLATFORM TO INDIVIDUALS WHO HAVE A PRIOR EXISTING BUSINESS RELATIONSHIP WITH YOU AND/OR WHO HAVE PROVIDED THEIR EXPRESS CONSENT TO RECEIVE COMMUNICATIONS FROM YOU.

2.1 What Is Permitted

You may use the Platform’s messaging features to contact:

  • Existing customers who have purchased a product or service from your business;
  • Individuals who have voluntarily provided their contact information to your business and consented to receive communications from you;
  • Contacts who have opted in to receive messages from your business through a clear and verifiable consent mechanism (e.g., a sign-up form, a checkbox at checkout, a written agreement).

2.2 What Is Strictly Prohibited

You may NOT use the Platform to:

  • Send cold SMS, cold emails, cold WhatsApp messages, or any other unsolicited messages to individuals who have not consented to hear from you;
  • Send messages to purchased, rented, scraped, harvested, or third-party contact lists;
  • Send messages to contacts obtained from data brokers, lead generation services, public directories, social media scraping, or any source where the individual did not directly and voluntarily provide their information to your business;
  • Send bulk messages to contacts who have not individually opted in to receive communications from your business;
  • Use the Platform to send marketing, promotional, or solicitation messages to individuals without prior express consent;
  • Contact individuals who have previously opted out, unsubscribed, or requested to stop receiving messages from you;
  • Disguise the origin, identity, or purpose of any message sent through the Platform;
  • Send messages containing false, misleading, or deceptive content;
  • Use the Platform to facilitate phishing, smishing, or any form of social engineering attack.

2.3 For Absolute Clarity

The following are expressly prohibited, regardless of how the contact information was obtained:

  • Cold SMS: Sending text messages to phone numbers where the recipient has not consented to receive messages from your business. This includes messages sent to leads, prospects, or contacts from purchased lists.
  • Cold Email: Sending emails to addresses where the recipient has not opted in to receive communications from your business. Purchasing an email list and sending messages through the Platform is a violation of this AUP.
  • Cold WhatsApp: Sending WhatsApp messages to numbers where the recipient has not initiated a conversation with your business or provided explicit consent.
  • List Bombing: Uploading large contact lists of individuals with no prior relationship to your business for the purpose of mass outreach.

If you are unsure whether a contact qualifies, do not send the message. When in doubt, you must be able to demonstrate that the recipient consented to receive communications from your specific business.

3. YOUR LEGAL OBLIGATIONS

You are solely responsible for ensuring that all messages sent through the Platform comply with all applicable laws and regulations, including but not limited to:

  • United States: CAN-SPAM Act (email), Telephone Consumer Protection Act (TCPA) (SMS/calls), state-specific privacy and anti-spam laws.
  • European Union / UK: General Data Protection Regulation (GDPR), ePrivacy Directive, UK GDPR, and PECR.
  • Canada: Canada’s Anti-Spam Legislation (CASL).
  • Australia: Spam Act 2003.
  • Other jurisdictions: Any applicable local, national, or international anti-spam, data protection, telecommunications, or consumer protection law.

You acknowledge and agree that XAscend LLC is a technology provider. We provide the tools; you are responsible for how you use them. We do not verify the legality of your contact lists, the consent status of your recipients, or the content of your messages. Compliance is entirely your responsibility.

4. MESSAGING CONTENT REQUIREMENTS

All messages sent through the Platform must:

  • Accurately identify your business as the sender;
  • Include a valid physical mailing address or a link to one (for email, as required by CAN-SPAM);
  • Include a clear and functional opt-out / unsubscribe mechanism;
  • Honor opt-out requests promptly (within 10 business days for email, immediately for SMS);
  • Not contain false, misleading, or deceptive subject lines or headers;
  • Not contain malware, viruses, or links to malicious websites;
  • Not impersonate another business, person, or entity;
  • Not promote illegal products, services, or activities.

5. CONSENT RECORDS AND PROOF

You must maintain records sufficient to demonstrate that each recipient of your messages has provided appropriate consent. These records should include, at minimum:

  • How and when consent was obtained (e.g., web form submission, point-of-sale sign-up, written agreement);
  • The specific consent language presented to the individual;
  • The date and method of consent;
  • Evidence that the individual affirmatively opted in (e.g., checked a box, submitted a form, replied with a keyword).

You must be able to produce these records upon our request within 48 hours. Failure to produce adequate consent records upon request is grounds for immediate account suspension or termination.

6. PROHIBITED CONTENT

In addition to the restrictions above, you may not use the Platform to send messages that:

  • Promote or facilitate illegal activity;
  • Contain adult, sexually explicit, or pornographic content;
  • Promote gambling, firearms, tobacco, controlled substances, or pharmaceuticals (unless legally authorized);
  • Contain hate speech, threats, harassment, or content promoting violence or discrimination;
  • Solicit sensitive personal information (passwords, financial account numbers, social security numbers);
  • Promote multi-level marketing, pyramid schemes, or similar schemes;
  • Violate the intellectual property rights of any third party.

7. MONITORING AND ENFORCEMENT

We reserve the right, but are not obligated, to monitor your use of the messaging features for compliance with this AUP. Our enforcement measures may include:

  • Warning: We may issue a written warning for first-time or minor violations and require corrective action within a specified timeframe.
  • Rate limiting: We may limit the volume or frequency of messages you can send if we detect suspicious patterns.
  • Suspension: We may immediately suspend your access to messaging features or your entire account if we detect a violation or receive a complaint.
  • Termination: We may permanently terminate your account without notice or refund for serious, repeated, or willful violations of this AUP.
  • Reporting: We may report violations to relevant authorities, telecommunications carriers, or industry organizations.

We may also cooperate with law enforcement, regulatory agencies, carriers, and anti-spam organizations in investigating complaints or violations.

8. COMPLAINT HANDLING

If we receive a spam complaint, abuse report, carrier complaint, or legal inquiry related to messages sent from your account:

  • We will notify you of the complaint;
  • You must respond within 48 hours with evidence of consent for the recipient(s) in question;
  • If you cannot provide adequate proof of consent, we may suspend or terminate your account;
  • Repeated complaints, even if individually resolved, may result in account termination.

9. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS XASCEND LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, PENALTIES, FINES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR VIOLATION OF THIS AUP, INCLUDING BUT NOT LIMITED TO:

  • Claims from recipients of unsolicited messages sent through the Platform;
  • Fines or penalties imposed by the FCC, FTC, state attorneys general, or any regulatory body;
  • Carrier fines, surcharges, or penalties resulting from spam complaints or violations;
  • TCPA statutory damages (up to $1,500 per unsolicited message);
  • CAN-SPAM penalties (up to $51,744 per non-compliant email);
  • GDPR fines or penalties;
  • Any third-party claims arising from your messaging activities.

This indemnification obligation survives termination of your account and these Terms.

10. YOUR REPRESENTATIONS AND WARRANTIES

By using the messaging features of the Platform, you represent and warrant that:

  • All contacts in your account have a prior existing business relationship with you and/or have provided express consent to receive communications from your business;
  • You have not purchased, rented, scraped, harvested, or otherwise obtained contact lists from third-party sources for use with the Platform;
  • You maintain records of consent for all contacts and can produce them upon request;
  • All messages sent through the Platform comply with all applicable laws and regulations;
  • You will honor all opt-out and unsubscribe requests promptly;
  • You will not use the Platform for cold outreach of any kind;
  • You understand that you — not XAscend LLC — bear full legal and financial responsibility for the messages you send through the Platform.

11. LIMITATION OF LIABILITY

XASCEND LLC PROVIDES MESSAGING TOOLS AS A TECHNOLOGY PLATFORM. WE DO NOT VERIFY YOUR CONTACT LISTS, VALIDATE CONSENT, REVIEW MESSAGE CONTENT, OR MONITOR COMPLIANCE ON YOUR BEHALF. WE ARE NOT A TELECOMMUNICATIONS CARRIER OR A CO-SENDER OF YOUR MESSAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XASCEND LLC SHALL NOT BE LIABLE FOR ANY FINES, PENALTIES, DAMAGES, OR LOSSES ARISING FROM YOUR USE OF THE MESSAGING FEATURES, INCLUDING BUT NOT LIMITED TO TCPA CLAIMS, CAN-SPAM VIOLATIONS, GDPR FINES, CARRIER PENALTIES, OR ANY OTHER LEGAL ACTION RESULTING FROM YOUR MESSAGING ACTIVITIES.

YOUR USE OF THE MESSAGING FEATURES IS AT YOUR SOLE RISK. YOU ASSUME ALL LIABILITY FOR ALL MESSAGES SENT FROM YOUR ACCOUNT.

12. ZERO-TOLERANCE SPAM POLICY

PRAISING.AI MAINTAINS A ZERO-TOLERANCE POLICY FOR SPAM AND UNSOLICITED MESSAGING. ANY USE OF THE PLATFORM FOR COLD SMS, COLD EMAIL, COLD WHATSAPP, OR ANY OTHER FORM OF UNSOLICITED BULK MESSAGING WILL RESULT IN IMMEDIATE ACCOUNT TERMINATION WITHOUT NOTICE, WARNING, OR REFUND.

We take this policy seriously because spam and unsolicited messaging:

  • Violates federal and state law (TCPA, CAN-SPAM) and may violate international law (GDPR, CASL);
  • Exposes our platform, our infrastructure, and our other customers to legal and operational risk;
  • Damages the deliverability and reputation of our messaging infrastructure for all users;
  • Harms the recipients who did not ask to be contacted.

If you intend to use the Platform for cold outreach, purchased lists, or unsolicited messaging of any kind, do not sign up. This platform is not for you.

13. REPORTING ABUSE

If you believe someone is using Praising.ai to send spam or unsolicited messages, please report it to us immediately at:

Email: support@praising.ai

Subject line: AUP Violation Report

We investigate all reports and take appropriate action.

14. CONTACT INFORMATION

XAscend LLC

30 N Gould St Ste R

Sheridan, WY 82801

United States

Email: support@praising.ai