At Telxi, we are committed to providing high-quality communication solutions that meet the needs of businesses worldwide. To ensure the safe and responsible use of our Services, we have established this Acceptable Use Policy (“AUP”), which applies to all Telxi Services. By using any Telxi Service, you agree to comply with this AUP.

IMPORTANT: Telxi provides its Services exclusively for business purposes, sole traders and other legal entities (collectively “Customers”). For the avoidance of doubt a natural person who operates as a sole trader qualifies as a Customer solely in their capacity as a business operator and not in their capacity as a consumer. Telxi does not provide Services for residential or consumer usage. All Customers are responsible for ensuring that their own end users’ use of the Services complies with this AUP and all applicable laws and regulations.

We prohibit the use of our Services, including any device, system, network, or account used in connection with the Services, or the Telxi Network, for any illegal activity, high-risk use, infringing activity, exploitation or harm of minors, malicious activity, objectionable activity, misrepresenting origin and/or identity, unsolicited communications, harvesting information, spam, bulk messages, excessive or unauthorized use, circumventing compliance or security, or interception.

A. Prohibited Uses

Telxi’s Services, which encompass any devices, systems, networks, or accounts used in conjunction with the Services or on the Telxi Network, are strictly prohibited from being used for the following purposes:

1. Using the Telxi Services as a primary means of communication for emergency services, such as contacting law enforcement or medical personnel in case of an emergency.
2. Using the Telxi Services for critical business operations where downtime or service disruptions could result in significant financial loss, reputational harm, or other negative consequences.
3. Using the Telxi Services for safety-critical applications, such as controlling machinery or other equipment that could cause harm to individuals or property if malfunctions occur.
4. Spamming or sending unsolicited messages, such as bulk emails or SMS messages, without the recipient’s consent.
5. Engaging in any fraudulent or malicious activities, such as phishing scams, hacking, or spreading viruses or malware.
6. Using the Telxi Services to violate intellectual property rights, such as pirating copyrighted content or distributing counterfeit goods.
7. Engaging in any form of harassment, such as cyberbullying or sending threatening or offensive messages.
8. Misrepresenting oneself or the origin of a communication, such as spoofing caller ID or forging email headers.
9. Interfering with or disrupting the Telxi network or the networks of other users, such as through denial-of-service attacks or other forms of network congestion.
10. Collecting personal information about others without their consent or using such information for malicious purposes.
11. Using the Telxi Services for residential, consumer, or personal purposes. Telxi’s Services are provided exclusively for business use. Any use by a natural person acting in a consumer capacity, or for domestic or personal purposes, is strictly prohibited.

The list above is not exhaustive or exclusive. Telxi reserves the right to determine whether any activity violates this AUP. Customers who violate this AUP may face disciplinary action, including termination of their Telxi Services.

B. Scope of Services — Business Use Only

Telxi provides its Services exclusively for businesses, legal entities, and other commercial organisations (“Customers”). Telxi does not offer its Services to individual consumers or end users. Accordingly:

1. Only businesses and legal entities are eligible to enter into an Agreement with Telxi and to access the Services or individuals acting on their capacity as a business operator.
2. Each Customer is solely responsible for ensuring that any use of the Services by its own employees, contractors, agents, clients, or other authorised users (“End Users”) complies fully with this AUP and all applicable laws and regulations.
3. Telxi has no direct contractual relationship with End Users and bears no liability to End Users arising from a Customer’s use of the Services.
4. Customers must not represent to their End Users that Telxi is a party to any arrangement between the Customer and its End Users, or that Telxi assumes any obligations directly to End Users.

For the purposes of this AUP, “End User” means any individual who uses the Services through a Customer’s platform or account, and may include the Customer’s employees, consultants, clients, contractors, and agents. Except as otherwise provided, terms defined in the Agreement have the same meanings when used in this AUP.

C. Compliance with Laws and Regulations

Customers must comply with all applicable local laws and regulations, including but not limited to regulations related to data privacy, telecommunications, and consumer protection. Examples include the European Union’s General Data Protection Regulation (GDPR), UK GDPR, the United States’ Telephone Consumer Protection Act (TCPA), and Canada’s Anti-Spam Legislation (CASL). It is the responsibility of each Customer to understand and comply with these regulations in addition to this AUP.

D. Data Protection and GDPR

D.1 General Obligation

Customers must at all times comply with Applicable Data Protection Law, including Regulation (EU) 2016/679 (the General Data Protection Regulation, “GDPR”), the UK GDPR  as retained under the Data Protection Act 2018, and any applicable national implementing legislation, when using the Telxi Services. For the purposes of this Section D, “Applicable Data Protection Law”, “Personal Data”, “Controller”, “Processor”, “Processing”, and “Data Subject” have the meanings given to them under the GDPR.

D.2 Lawful Use of the Services

Customers shall not use the Telxi Services to process Personal Data in a manner that:

• lacks a lawful basis under Article 6 GDPR (or, where applicable, Article 9 GDPR for special category data);
• violates the principles of data minimisation, purpose limitation, or storage limitation under Article 5 GDPR;
• involves the unlawful collection, use, disclosure, transfer, or storage of Personal Data of any individual;
• circumvents or undermines the rights of Data Subjects under Chapter III GDPR, including the rights of access, rectification, erasure, portability, and objection;
• involves transferring Personal Data to a country outside the EEA without an adequate level of protection or appropriate safeguards as required under Chapter V GDPR.

D.3 Customer as Controller

Where a Customer collects or processes Personal Data of its own end users or third parties in connection with its use of the Telxi Services, the Customer acts as the Controller of such Personal Data. The Customer is solely responsible for:

providing all required privacy notices and obtaining all necessary consents from Data Subjects;

ensuring its instructions to Telxi regarding any processing of Personal Data comply with Applicable Data Protection Law;

responding to Data Subject rights requests in respect of Personal Data for which the Customer is the Controller;

notifying the competent Supervisory Authority and affected Data Subjects of any Personal Data Breach, to the extent required under Applicable Data Protection Law.

D.4 Data Processing under the MSA

The terms governing Telxi’s processing of Personal Data as Processor on behalf of Customers, including sub-processor arrangements, data transfers, security obligations, and breach notification, are set out in Section 8 of the Master Service Agreement. Customers should refer to the MSA and Telxi’s Privacy Policy (available at Telxi.com) for full details of Telxi’s data protection obligations and practices.

D.5 Prohibited Data Processing Activities

Without limiting Section D.2 above, the following specific activities are prohibited under this AUP:

• Using the Services to send communications (including SMS, voice calls, or electronic messages) to individuals without a lawful basis or required consent under GDPR and applicable electronic communications law;
• Harvesting, scraping, or otherwise collecting Personal Data of third parties without their knowledge or consent;
• Using the Services  to profile third parties or End Users, or to engage i automated decision making with significant legal or similar effects on individuals within the meaning of Article 22 GDPR, in each case where the Customer is the Controller of such processing. This prohibition does not apply to Telxi’s own internal processing activities, which are governed by Telxi’s Privacy Policy.  . ;
• Transmitting or storing special category Personal Data (as defined in Article 9 GDPR) through the Services without explicit consent or another valid legal basis.

D.6 Contact

Any data protection queries relating to this AUP or the use of the Telxi Services should be directed to: legal@telxi.com.

E. Additional Regulations

CAN-SPAM (United States)-where applicable

CAN-SPAM is a federal law enacted in 2003 that governs the transmission of commercial email messages and Internet-to-phone SMS commercial messages to email addresses referencing internet domains. The complete text of this law can be accessed here: http://www.gpo.gov/fdsys/pkg/PLAW-108publ187/pdf/PLAW-108publ187.pdf

CASL (Canada)-where applicable

CASL, the Canadian Anti-Spam Law, is a federal law that regulates the sending of “commercial electronic messages” (CEMs), which include any email message, text/SMS message, or other electronic message sent to an electronic address that has as even one of its purposes to encourage participation in a commercial activity. This law applies to any CEM sent to or from a computer system located in Canada. Under CASL, prior consent is required to send a CEM, and all CEMs must meet prescribed form and content requirements.

The full text of CASL can be found at: https://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html. Customers must comply with all relevant laws and regulations, including CASL, when using the Telxi Services.

CTIA Messaging Principles

The CTIA Messaging Principles provide guidelines created in collaboration with stakeholders in the wireless messaging ecosystem covering consent, transparency, security, and consumer protection. These principles were developed to help ensure that wireless messaging remains a valuable and effective means of communication while protecting the interests and privacy of consumers.

EU Privacy and Electronic Communications Directive (ePrivacy Directive — 2002/58/EC, as amended)

The ePrivacy Directive governs the sending of unsolicited commercial electronic communications within the European Union, including SMS and email messages. It has been implemented into national law by each EU Member State and imposes requirements on consent, transparency, and opt-out mechanisms. Customers sending electronic communications to recipients located in the European Union using the Telxi Services must ensure compliance with the ePrivacy Directive as implemented in each relevant Member State, including obtaining any required prior consent from recipients, clearly identifying the sender in every message, and providing a clear and functional opt-out mechanism. Where the sending of messages involves the processing of personal data, Customers must additionally comply with the EU General Data Protection Regulation (Regulation 2016/679). The full text of the ePrivacy Directive can be found at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002L0058-20091219

UK Privacy and Electronic Communications Regulations 2003 (PECR)

PECR governs unsolicited electronic marketing communications sent to recipients in the United Kingdom, including SMS, email, and automated calls. PECR applies to any organisation sending electronic marketing to UK-based recipients regardless of where the sender is located. Under PECR, prior consent is required before sending unsolicited marketing messages to individual subscribers, every message must clearly identify the sender, and recipients must be provided with a clear and accessible means to opt out of future communications at no cost. Customers sending electronic communications to recipients located in the United Kingdom using the Telxi Services must ensure full compliance with PECR. Where the sending of messages involves the processing of personal data of UK-based individuals, Customers must additionally comply with the UK General Data Protection Regulation and the Data Protection Act 2018. The full text of PECR can be found at: https://www.legislation.gov.uk/uksi/2003/2426/contents/made

General Compliance Obligation

Customers are solely responsible for ensuring compliance with all applicable laws and regulations in each jurisdiction in which they operate or send communications using the Telxi Services, including but not limited to the regulations listed in this Section E. Telxi accepts no liability for any Customer’s failure to comply with applicable messaging laws and regulations.

F. Suspension and Termination

Telxi may act immediately and without notice to suspend or terminate the Services if, in Telxi’s sole discretion, a Customer’s or its End Users’ use of the Services violates the terms of this AUP.

A Customer may cancel any services purchased under its Agreement with written notice to Telxi within thirty (30) days of the date on which the purchase becomes effective. Except as otherwise provided in the Agreement, in the event of a timely cancellation, the Customer shall not owe any fees or charges for the services being cancelled in respect of any period subsequent to the date of such written notice (except those arising from continued usage), and shall be entitled to a pro-rated refund of any prepaid and unused fees for the services subject to the cancellation.

G. Enforcement and Contact

We take any violation of this AUP seriously and reserve the right to take appropriate action, including the suspension or termination of Services, without notice, in our sole discretion, and without liability to any Customer or third party. If you have any questions or concerns about this AUP or believe that someone is violating it, please contact us immediately at support@telxi.com.