Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs the conduct of all Zivly platform users, including Merchants and their staff. It is incorporated into and forms part of the Terms and Conditions. Violations may result in immediate account suspension or termination without refund and may be reported to appropriate authorities.

1. Permitted Uses

The Platform is licensed exclusively for legitimate personal-care business management: appointment scheduling, client management, staff scheduling, online payment collection from consenting clients, CASL-compliant client communications, business reporting, and data import/migration. Any use outside legitimate personal-care business operations requires Zivly's prior written consent.

2. Prohibited Conduct — Legal Compliance

Violate any applicable federal, provincial, or municipal law, regulation, or court order;
Process transactions for illegal goods, services, or activities under Canadian law;
Engage in or facilitate money laundering, terrorist financing, or financial crimes under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
Send commercial electronic messages without valid CASL consent, or without a functioning unsubscribe mechanism;
Collect, store, or process personal information in violation of PIPEDA or applicable provincial privacy legislation;
Discriminate against any person on a protected ground under applicable Canadian human rights legislation;
Violate consumer protection legislation, including provincial consumer protection acts and the Competition Act.

3. Prohibited Conduct — Security and Technical

Probe, scan, test, or audit platform security without Zivly's prior written consent;
Gain or attempt to gain unauthorized access to any account, database, system, or network;
Upload, transmit, or distribute malware, viruses, ransomware, trojans, spyware, or other malicious code;
Interfere with, disrupt, or impose unreasonable load on platform infrastructure;
Use automated tools, bots, crawlers, scrapers, or scripts without prior written authorization from Zivly;
Reverse-engineer, decompile, or disassemble platform software;
Circumvent, bypass, or disable any security or authentication feature of the platform;
Conduct denial-of-service or distributed denial-of-service attacks.

4. Prohibited Conduct — Content and Data

Upload content that is defamatory, harassing, threatening, obscene, abusive, or violates any applicable law;
Upload content that infringes any intellectual property, privacy, or other rights of any person;
Create false or misleading business profiles, service descriptions, or pricing information;
Collect or store personal information about individuals without lawful basis under PIPEDA;
Share account credentials with unauthorized persons;
Create multiple accounts to circumvent restrictions, suspensions, or feature limitations.

5. Prohibited Conduct — Business Use

Resell, sublicense, timeshare, or otherwise commercialize Platform access without Zivly's prior written consent;
Use the Platform to build a competing product or assist a Zivly competitor;
Reverse-engineer any Platform aspect for competitive intelligence;
Impersonate Zivly or any Zivly employee, representative, or partner;
Use Platform communication tools to impersonate another business or falsely imply Zivly endorsement.

6. CASL Compliance Requirements

When using Zivly's communication features, you must:

Hold valid express or implied consent under CASL for every recipient before sending any commercial electronic message;
Maintain documented records of consent (when, how, and from whom consent was obtained);
Include your full business name, physical mailing address, and a working unsubscribe mechanism in every commercial message;
Honor all unsubscribe requests within 10 business days and never charge a fee to unsubscribe;
Never purchase, rent, or use third-party contact lists for commercial messaging unless all individuals have given CASL consent specifically to your business.

Zivly maintains CASL suppression lists as a technical safeguard. However, you are solely responsible for your CASL compliance, consent documentation, and any regulatory consequences. Zivly is not responsible for CASL violations arising from your use of communication tools.

7. Staff and Sub-User Responsibility

You are responsible for all staff and sub-users added to your account. You must: ensure all staff are aware of and comply with this AUP; promptly remove access for departing staff; use role-based access controls to limit staff to only what is required for their role; and immediately notify Zivly at [email protected] of any suspected unauthorized use.

8. Enforcement

Zivly may investigate suspected violations and take the following actions at its sole discretion: issue a written warning; temporarily suspend access to specific features; suspend the account pending investigation; permanently terminate the account without refund; report the violation to law enforcement, regulators, or affected parties as required by law; or pursue civil or criminal remedies as available under Canadian law. Zivly is not obligated to monitor use for AUP violations but reserves the right to do so.

9. Reporting Violations

Report suspected violations to: [email protected]. Reports will be treated confidentially to the extent possible.

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