Acceptable Use Policy

1.1. Scope and application

This Policy governs all access to and use of the Service, and all content, data and messages that you or anyone acting for you submits to, stores in, or transmits through the Service. Where this Policy and the Terms appear to conflict on a question of permitted use, this Policy controls. Capitalized terms not defined here have the meanings given in the Terms of Service. The following recur throughout:

Authorized User

— An individual you permit to access the Service under your account, including employees, contractors, agency staff and appointment setters.

Guest

— A person who registers for, is invited to, or attends one of your seminars, or who otherwise appears in your Contact Data.

Contact Data

— Personal information about Guests that you load into, collect through, or generate within the Service, including names, telephone numbers, email addresses, registration details and consent records.

Registration Page

— A public page hosted by the Service through which a Guest registers for a seminar and may give consent to be contacted.

Messaging Services

— The SMS, MMS and email sending features of the Service, including sends through Twilio, Resend and connected Gmail accounts.

You are responsible for the acts and omissions of every Authorized User, and of every employee, contractor, marketing agency, lead vendor, call center and appointment-setting service that accesses the Service through your account or supplies contact data or message content used in it, as if those acts were your own. Delegating a campaign does not delegate responsibility for it.

This Policy is a floor, not a complete statement of the law that applies to you. Meeting every requirement here does not establish compliance with the Telephone Consumer Protection Act, the CAN-SPAM Act, the FTC Act, the Food, Drug, and Cosmetic Act, state consumer-protection, health-privacy or telemarketing statutes, or the rules of any carrier or registry. Obtain your own legal advice.

Obligations relating to Guest health-related information are set out in the Consumer Health Data Policy and the Guest Privacy Notice. ShowRunner's processing of Contact Data on your behalf is governed by the Data Processing Addendum and the Subprocessors page.

2.2. Prohibited content

You must not use the Service to create, store, promote, link to or transmit any of the following, on any channel, including SMS, MMS, email, Registration Pages and any landing page or media a Guest reaches by following a link you send.

Regulated and restricted categories

• Sexual or adult content, including suggestive imagery and adult services. The S in the carrier SHAFT restrictions.
• Hate speech, or content that harasses, threatens, demeans or incites violence against a person or group, including on the basis of race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability or age. The H in SHAFT.
• Alcohol, including promotion, sale or delivery, and alcohol-related offers such as a wine tasting or hosted bar. The A in SHAFT.
• Firearms, ammunition, parts, accessories and related services. The F in SHAFT.
• Tobacco, nicotine, vaping and e-cigarettes, and cessation offers that promote a nicotine product. The T in SHAFT.
• Cannabis, marijuana, hemp-derived products and CBD in any form, whether or not lawful where the sender or recipient is located.
• Prescription drugs and controlled substances, and any offer to supply, prescribe or arrange the supply of a prescription medication.
• High-risk financial services: payday and other short-term high-interest loans, debt relief, debt consolidation, credit repair, third-party auto, mortgage or student lending, and any cryptocurrency, digital-asset or token offer.
• Gambling, sports betting, casinos, lotteries, and sweepstakes or contests with a paid entry.
• Third-party lead generation, lead or list brokering, and any resale, rental, licensing or other sharing of Guest contact information for a third party's own marketing.
• Get-rich-quick offers, multi-level marketing recruitment, investment advice, and work-from-home or income-opportunity offers.

Deceptive, harmful and unlawful content

• Phishing, credential harvesting, malware, spyware, ransomware, malicious links and fraudulent payment requests.
• Content impersonating ShowRunner, a carrier, a government agency, a health plan, Medicare, Medicaid, a hospital, a physician, a pharmacy, or any person or organization you are not.
• False or misleading sender identification, spoofed or misleading originating numbers, misleading display names, and misleading email headers or subject lines.
• Misrepresentation of an affiliation, endorsement, certification, accreditation, licensure or approval, including implying that a treatment, seminar or presenter is endorsed by a government agency or professional body when it is not.
• Content that creates false urgency about a person's health, benefits, eligibility, coverage or insurance status in order to drive attendance.
• Content that infringes intellectual property or publicity rights, including unlicensed use of a physician's name, likeness or credentials.
• Any content that violates applicable law, the Messaging Terms, the CTIA Messaging Principles and Best Practices (May 2023), or the published rules of any carrier, aggregator or registry in the delivery path.

Prohibited content cannot be cured by a disclaimer, by a small-print qualifier, or by placing it one click away on a linked page rather than in the message itself.

3.3. Prohibited conduct

You must not do any of the following, and must not permit any Authorized User or third party acting for you to do them:

1. Send a marketing SMS or MMS to any number for which you do not hold prior express written consent meeting every requirement of the Messaging Terms, or marketing email to any address for which you lack a lawful basis to send.
2. Send any message to a Guest who has revoked consent, is on your internal do-not-contact or suppression list, or has replied with any word or phrase a reasonable person would read as a request to stop.
3. Circumvent, disable, delay or defeat any opt-out, suppression, quiet-hours, frequency-limit or consent-logging feature of the Service, or re-add a suppressed contact by importing, re-importing or editing records.
4. Alter, backdate, fabricate or delete any entry in the consent ledger, or record consent that a Guest did not in fact give in the manner recorded.
5. Contact a person on the National Do Not Call Registry or an applicable state registry outside a documented exemption, or send outside the messaging hours permitted by federal and applicable state law.
6. Conduct a campaign on behalf of a business other than your own, or send messages identifying a sender other than the business registered on your A2P 10DLC brand and campaign.
7. Represent to a Guest, carrier, registry, regulator or court that ShowRunner obtained consent, verified consent, approved content, or is responsible for the lawfulness of your campaign.
8. Use the Service in a way that causes ShowRunner, its carriers, aggregators or email providers to be blocklisted, throttled, filtered, fined, penalized or investigated.
9. Exceed a sending volume, rate or frequency that ShowRunner or a carrier has communicated to you, or seek throughput by any route other than the approved campaign.
10. Send to recipients outside the United States without first confirming in writing with ShowRunner that the channel supports the destination and that you have addressed local consent and registration requirements.
11. Interfere with another Customer's use of the Service, access another Customer's tenant or data, or attempt to identify another Customer's Guests.
12. Harass, defraud or exploit a vulnerable adult, or target individuals on the basis of an inferred cognitive impairment, terminal diagnosis or comparable vulnerability.

Attempting, assisting, encouraging or paying another party to do any of the above is itself a breach of this Policy.

4.4. List sourcing and contact acquisition

Where your contacts come from is the most common source of liability in seminar marketing. The rules in this section are absolute. No exception applies because of the reputation of a vendor, a vendor warranty, or an indemnity you obtained from a third party.

Sources you may not use

• Purchased lists: any names, telephone numbers or email addresses acquired for consideration from a data vendor, list broker, publisher, association or event organizer.
• Rented, licensed, leased or syndicated lists, whether delivered to you or messaged on your behalf.
• Scraped or harvested data, including contacts taken from websites, directories, social platforms, public records, obituaries, property records, review sites or search results.
• Appended data, including numbers or addresses added by a reverse-append, identity-resolution, cookie-matching, device-graph or enrichment service. A number you did not receive from the Guest is not a consented number.
• Co-registration data, including contacts who checked a box on a third party's form, sweepstakes, survey site, comparison site or partner landing page that listed multiple businesses or referred to marketing partners generally.
• Affiliate or publisher leads, including any lead delivered by an affiliate network, lead aggregator, pay-per-lead vendor or performance-marketing partner.
• Contacts obtained from a prior owner of a business, a former employer, a departing employee, a competitor, or an acquired list unaccompanied by the underlying consent records and the right to use them.
• Contacts obtained from a clinic, physician practice, imaging center, pharmacy, laboratory, hospital or health plan, whether or not that party describes the transfer as permitted.
• Random, sequential or algorithmically generated telephone numbers.

Sources you may use

• A Guest who completed one of your Registration Pages and affirmatively checked the applicable unchecked consent box, with the consent recorded in the consent ledger.
• A Guest who signed a paper or electronic form you control containing the disclosures required by the Messaging Terms, where you retain the signed original or a complete image and record the consent in the Service.
• A Guest who called you and consented on the call, where you retain a recording or contemporaneous written record of the disclosures made and the consent given.
• A Guest who texted your registered number first, for the limited scope of the conversation the Guest started, subject to the identification and opt-out requirements in the Messaging Terms.

Consent applies only to you, and only to the use the Guest agreed to. It cannot be bought, sold, rented, exchanged, transferred or inherited, and it does not extend to an affiliate, franchisee, treatment provider, clinic partner, co-marketing sponsor or successor business the Guest did not see specifically identified at the moment of consent.

Snowshoeing, number cycling and evasion

You must not spread sending across numbers, accounts, brands or campaigns to dilute complaint rates, evade filtering, or obscure the volume or origin of a campaign. Specifically, you must not:

• Distribute substantially similar content across multiple numbers, sender identities, sub-accounts, organizations or campaigns to reduce per-number volume or complaint attribution.
• Rotate, cycle or replace originating numbers in response to filtering, blocking or complaints, rather than correcting the underlying content or list problem.
• Register additional brands, campaigns, organizations or ShowRunner accounts for the same business to obtain extra throughput or to separate a campaign from its complaint history.
• Vary wording, insert invisible characters, misspell words, break up URLs, use link shorteners not provisioned through the Service, or otherwise obfuscate content to defeat carrier filters.
• Send to a number after a carrier error or code indicating it is invalid, unreachable, reassigned, or not permitted to receive the message.

5.5. Data you must not place in the Service

The Service is a marketing and event-management system. It is not a clinical system, a payments system, or a system of record for identity documents. You must not submit, store or transmit any of the following in a contact record, note, custom field, attachment, message body or imported file:

• Protected health information as defined by HIPAA, or any information received from or on behalf of a covered entity or business associate in a capacity subject to that Act.
• Clinical records of any kind: diagnoses, chart notes, problem lists, medication lists, prescriptions, lab or pathology results, imaging or imaging reports, treatment plans, procedure notes, referral letters and insurance claims data.
• Personal information about any individual under 18 years of age. The Service must not be used to market to minors.
• Government identifiers, including Social Security and taxpayer identification numbers, driver's license or state identification numbers, passport numbers, and Medicare, Medicaid or health-plan member identification numbers.
• Financial account information, including bank account and routing numbers, full payment card numbers, card security codes, and credentials of any kind.
• Biometric identifiers, including fingerprints, voiceprints, retina or iris scans, facial geometry, and any template derived from them.
• Genetic information, including genetic test results and family medical history collected as such.
• Precise device-derived geolocation data, other than address information a Guest supplies to you directly.

ShowRunner is not a business associate under HIPAA and does not offer, and will not enter into, a business associate agreement. If you are a covered entity or business associate, you must not use the Service in that capacity. If prohibited data enters the Service, notify abuse@showrunnercrm.com and delete it within five business days of discovery.

Some information you legitimately hold is sensitive without being clinical. The fact that a Guest registered for a seminar about a named condition, or answered a question about a symptom or an interest in a treatment, is consumer health data under several state statutes. It may be collected and used only as permitted by the Consumer Health Data Policy, only for the purposes disclosed at collection, and never for sale, for sharing with a third party for that party's own purposes, or for targeting a Guest based on an inferred diagnosis.

You must maintain your own privacy notice at a publicly accessible URL, made available to Guests before they provide any Contact Data, accurately describing your collection and use of Guest information, your SMS and email marketing, and how a Guest may exercise their rights. ShowRunner's notices describe ShowRunner's practices and are not a substitute for yours.

6.6. Health, efficacy and outcome claims

Customers use ShowRunner to market seminars about regenerative-medicine and related treatments. Claims about those treatments are regulated by the FTC under Section 5 of the FTC Act, by the FDA, and by state consumer-protection statutes. Enforcement reaches the marketer, not only the clinic. You are the marketer. ShowRunner does not review, approve, substantiate or endorse any claim you make.

You must comply with all of the following in every message, Registration Page, landing page, invitation, presentation deck, script and follow-up created with or sent through the Service:

1. Do not make a health, efficacy, safety or outcome claim unless you possess, when the claim is made, competent and reliable scientific evidence substantiating it, and you retain that substantiation while the claim is in use and for three years afterward.
2. Do not state or imply that a treatment cures, treats, prevents, reverses, mitigates or eliminates any disease, or is an alternative to a diagnosed course of care, unless the claim is substantiated and lawful for the service as offered.
3. Do not state or imply that a treatment, product or device is approved, cleared, authorized or endorsed by the FDA when it is not, and do not describe a product as FDA-registered or FDA-listed in a way that suggests approval of its safety or effectiveness.
4. Do not present a testimonial, case study, before-and-after image or patient story implying typical results unless the results are in fact typical under the conditions described, or you clearly and conspicuously disclose the generally expected results in the same medium.
5. Do not use a testimonial from a person who did not receive the treatment, did not give the statement, or was compensated without disclosure. Clearly and conspicuously disclose every material connection with an endorser, including payment, free or discounted treatment, employment, family relationship and ownership interest.
6. Do not use a physician's name, image, title or credentials to imply a recommendation the physician has not given, and do not imply that a presenter is a treating physician when they are not.
7. Do not guarantee an outcome, level of pain relief, avoidance of surgery, success rate or recovery time, and do not cite a percentage, statistic or study without identifying the source and confirming it applies to the treatment as you offer it.
8. Do not state or imply that a treatment is covered by Medicare, Medicaid or any insurance plan unless that is accurate for the specific treatment and plan, and do not use insurance, benefit or eligibility language to create urgency.
9. Do not describe a treatment as free, no-cost or complimentary unless every material condition, cost and obligation is disclosed clearly and conspicuously in the same message.
10. Do not send a message a reasonable Guest would read as individualized medical advice, and do not imply that ShowRunner or the Service has evaluated a Guest's condition or suitability for a treatment.

You are solely responsible for the truthfulness and substantiation of all claims, and will indemnify ShowRunner for any claim, investigation, penalty or loss arising from them, on the terms set out in the Terms of Service.

7.7. Artificial intelligence, reviews and biometrics

The Service includes features that draft or suggest content. Those features produce drafts, not approved copy. You remain the author and the sender of everything you transmit.

1. Review and edit every AI-assisted draft before sending. You are responsible for its accuracy, substantiation and compliance with this Policy, including the health-claim rules in section 6.
2. Do not create, commission, buy, sell, publish or disseminate a fake or artificially generated consumer review, testimonial, endorsement, star rating or celebrity endorsement, or a review by a person who does not exist, has not used the treatment, or misrepresents their experience. This is prohibited by the FTC rule on consumer reviews and testimonials at 16 C.F.R. Part 465 and carries civil penalties per violation.
3. Do not suppress, hide or reorder negative reviews in a way that misrepresents overall consumer sentiment, and do not use an insider or undisclosed employee testimonial.
4. Do not present an AI-generated voice, image, video or persona as a real patient, physician, presenter or ShowRunner representative, and do not use synthetic media of a real person without documented permission.
5. Do not use the Service to collect, generate, store or match biometric identifiers, to perform facial recognition or facial analysis, or to infer age, health status, emotion or demographics from a photograph or video.
6. Do not use the Service's outputs to develop, train or evaluate a competing service, and do not submit another party's confidential or personal data into an AI feature without the rights to do so.

8.8. Security and platform integrity

You must not, and must not permit any person to:

• Probe, scan, penetration-test or stress-test the Service or its infrastructure without ShowRunner's prior written consent.
• Breach or attempt to circumvent any authentication, authorization, rate-limiting, tenancy-isolation or other security or access-control measure.
• Reverse engineer, decompile, disassemble or attempt to derive the source code, models or algorithms of the Service, except where that restriction is unenforceable under applicable law.
• Access the Service by automated means other than the interfaces and documented APIs ShowRunner provides, or scrape, crawl or harvest data or pages from it.
• Introduce malware, code injection or any code intended to disrupt, damage or gain unauthorized access to the Service or its data.
• Resell, sublicense, rent, lease, time-share or operate the Service as a service bureau or agency platform for a business other than your own, or provide access to a competitor of ShowRunner.
• Publish any benchmark, load test or competitive evaluation of the Service without ShowRunner's prior written consent.
• Share account credentials, or continue to permit access by a person whose authorization has ended. Disable an Authorized User's access within one business day of departure or role change.
• Remove, obscure or alter any proprietary notice or required sender identification generated by the Service.

Notify abuse@showrunnercrm.com promptly if you learn of unauthorized access to your account, a compromised credential, or unauthorized sending from your account.

9.9. Geofencing around health care facilities

You must not use the Service, or any data exported from or imported into it, to implement, operate, purchase, commission or benefit from a geofence around a facility that provides in-person health care services, where the geofence is used to identify, track, collect data from, or send a notification or advertisement to a consumer.

This prohibition applies within 2,000 feet of the perimeter of any such facility, everywhere in the United States. ShowRunner applies the strictest state distance nationally as a contractual rule so a single campaign does not have to be evaluated state by state.

• Covered facilities include hospitals, clinics, physician offices, urgent-care centers, imaging centers, surgical centers, pain-management and orthopedic practices, rehabilitation and physical-therapy facilities, dialysis and oncology centers, pharmacies, laboratories, mental-health and substance-use treatment facilities, and reproductive and gender-affirming care providers.
• Prohibited uses include building or licensing a geofenced audience, buying media targeted by a geofence, uploading a geofence-derived audience as Contact Data, and appending device-location data to your Guest records.
• The prohibition applies whether the geofence is built by you, an agency, a media vendor or a data provider, and whether the resulting audience is used on this Service or elsewhere.

This rule reflects and exceeds Washington's My Health My Data Act, which bans geofencing within 2,000 feet of an in-person health care facility, and the comparable Nevada and Connecticut prohibitions at 1,750 feet. Violations of those statutes can carry a private right of action. Related obligations are in the Consumer Health Data Policy.

10.10. Investigation, suspension and enforcement

ShowRunner has no obligation to monitor your use of the Service and does not pre-screen message content. ShowRunner does reserve the following rights, exercisable at any time and without prior notice where notice is impracticable or would increase risk:

1. To investigate any suspected violation, including by reviewing account configuration, sending patterns, complaint and opt-out rates, carrier error codes, message content, Registration Page configuration and consent ledger entries.
2. To suspend, throttle, filter, quarantine or disable your account, an Authorized User, a campaign, a sending number, a sending domain or an individual message, immediately and without prior notice, on a good-faith belief that a violation has occurred, is occurring or is likely to occur, or that continued sending presents a risk to ShowRunner, a carrier, a registry, other Customers or Guests.
3. To disclose information about you, your account and your sending to a carrier, aggregator, registry, email provider, law-enforcement agency or regulator, where required by law or reasonably necessary to respond to an inquiry, complaint, subpoena or investigation.
4. To require remediation as a condition of restoring service, including list re-permissioning, deletion of specified contacts, re-registration of a campaign, changes to message content or Registration Page disclosures, or engagement of independent compliance counsel at your expense.
5. To terminate the Terms of Service for cause, with the consequences set out in the Terms.

Written explanation of consent

ShowRunner may require you to provide, within three business days of a written request, a written explanation of your list practices for any campaign, segment, telephone number or email address. The explanation must describe the method by which the numbers or addresses were collected, identify every source and vendor involved, attach the underlying consent records, and include a guarantee signed by an officer of your business that every person on the relevant list gave prior express written consent to receive the messages at issue.

If you do not respond within that period, or the response is incomplete or inconsistent with the consent ledger, ShowRunner may suspend or cancel the affected sending, campaign or account without liability and without refund.

Fines, fees and penalties

You must cooperate fully and promptly with any ShowRunner investigation, and with any carrier, registry, aggregator or regulator inquiry relating to your sending, including by preserving relevant records and producing consent records on the timeline in the Messaging Terms.

Suspension or termination does not entitle you to a refund, service credit, extension of your term or damages of any kind, and does not relieve you of fees accrued or committed. ShowRunner's decision not to enforce a provision on one occasion is not a waiver of it or of any other.

11.11. Reporting abuse

Report suspected violations to abuse@showrunnercrm.com. Anyone may report, including a Guest who received an unwanted message, a carrier, or a member of the public. Where available, include:

• The telephone number or email address that received the message, and the number, sender name or domain that sent it.
• The date and time of the message and its full text, including links, with headers for email.
• A screenshot or forwarded copy of the message.
• Any prior opt-out request, with the date, the wording used and how it was sent.
• Your contact details, so we can follow up.

ShowRunner acknowledges abuse reports within two business days and investigates in the order and manner it determines. ShowRunner may share the substance of a report with the Customer whose account is implicated where necessary to investigate, but does not disclose the reporter's identity unless required by law or asked to. Reporting does not oblige ShowRunner to take any particular action or to report the outcome.

Guests who wish to stop receiving messages should reply STOP to any text or use the unsubscribe link in any email; those requests are processed automatically. Guest privacy requests follow the Guest Privacy Notice. Customer questions go to support@showrunnercrm.com; legal notices to legal@showrunnercrm.com.

12.12. Changes to this Policy

ShowRunner may update this Policy. For a material change that increases your obligations, ShowRunner will give at least 30 days' notice by email to your account's administrative contact and by posting the updated Policy with a new version number and effective date.

A change may take effect immediately where required by law, by a court or regulator, or by a carrier, aggregator or registry, or where delay would create a security or compliance risk. Notice will be given as soon as practicable.

Continued use of the Service after the effective date constitutes acceptance. If you do not accept a material change, your remedy is to stop using the Service and terminate as provided in the Terms of Service. Prior versions are available from legal@showrunnercrm.com.