This Acceptable Use Policy (“AUP”) covers your use of the messaging and outreach tools in the Praising.ai platform (the “Services”), run by XAscend LLC (“Company,” “we,” “us,” or “our”).
This AUP is part of our Terms of Service. By using the Services, you agree to follow this AUP in full. Breaking this AUP may lead to your account being paused or closed at once, with no notice or refund.
We may update this AUP at any time. We will change the “Last Updated” date above when we do. If you keep using the Services, you accept the new AUP.
1. SCOPE
This AUP applies to all messages sent through or helped by the Platform, such as:
- SMS and text messages;
- Email messages;
- WhatsApp messages;
- Review request messages;
- Feedback and survey requests;
- Any other message sent to your buyers 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 TO PEOPLE WHO ALREADY DO BUSINESS WITH YOU OR WHO GAVE CLEAR CONSENT TO HEAR FROM YOU.
2.1 What Is Permitted
You may use the Platform’s messaging features to contact:
- Current buyers who have bought from your business;
- People who gave you their contact info by choice and agreed to hear from you;
- Contacts who opted in through a clear and provable method (e.g., a sign-up form, a checkbox at checkout, a written deal).
2.2 What Is Strictly Prohibited
You may NOT use the Platform to:
- Send cold SMS, cold emails, cold WhatsApp, or any unwanted messages to people who did not agree to hear from you;
- Send messages to bought, rented, scraped, or third-party contact lists;
- Message contacts from data brokers, lead gen tools, public lists, social media scraping, or any source where the person did not give you their info directly;
- Send bulk messages to people who did not each opt in to hear from your business;
- Send ads, promos, or pitches to people without their clear prior consent;
- Contact people who already opted out, unsubscribed, or asked you to stop;
- Hide who sent a message or why it was sent;
- Send false, misleading, or tricky content;
- Use the Platform for phishing, smishing, or any social trick attack.
2.3 For Absolute Clarity
These are banned no matter how you got the contact info:
- Cold SMS: Texting numbers where the person did not agree to hear from your business. This covers texts to leads, prospects, or contacts from bought lists.
- Cold Email: Emailing people who did not opt in to hear from your business. Buying an email list and sending through the Platform breaks this AUP.
- Cold WhatsApp: Messaging numbers on WhatsApp where the person did not start a chat with you or give clear consent.
- List Bombing: Uploading big contact lists of people with no prior link to your business for mass outreach.
If you are not sure a contact qualifies, do not send the message. When in doubt, you must be able to prove the person agreed to hear from your business.
3. YOUR LEGAL OBLIGATIONS
You alone must make sure all messages sent through the Platform follow all laws, such as:
- 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 regions: Any local, national, or global anti-spam, data, telecom, or buyer safety law.
XAscend LLC is a tech provider. We give you the tools; you are in charge of how you use them. We do not check if your contact lists are legal, if your contacts gave consent, or what your messages say. Staying legal is fully your job.
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 keep records that prove each person you message gave proper consent. At a minimum, these records should show:
- How and when consent was given (e.g., web form, point-of-sale sign-up, written deal);
- The exact consent text shown to the person;
- The date and way consent was given;
- Proof the person actively opted in (e.g., checked a box, sent a form, replied with a keyword).
You must be able to send us these records within 48 hours if we ask. If you cannot, we may pause or close your account at once.
6. PROHIBITED CONTENT
In addition to the restrictions above, you may not use the Platform to send messages that:
- Push or help illegal acts;
- Include adult or sexual content;
- Push gambling, firearms, tobacco, drugs, or pharma (unless you have legal OK);
- Include hate speech, threats, or content that pushes violence or bias;
- Ask for private info like passwords, bank numbers, or social security numbers;
- Push MLM, pyramid schemes, or similar scams;
- Break the IP rights of any third party.
7. MONITORING AND ENFORCEMENT
We may (but are not required to) watch how you use the message tools. If we find a problem, we may:
- Warning: Send a written warning for minor or first-time issues and ask you to fix them in a set time.
- Rate limiting: Cap how many messages you can send if we spot odd patterns.
- Suspension: Pause your message tools or full account at once if we find a breach or get a complaint.
- Termination: Close your account for good with no notice or refund for serious, repeat, or willful breaks of this AUP.
- Reporting: Tell the right agencies, carriers, or groups about the breach.
We may also work with law enforcement, regulators, carriers, and anti-spam groups to look into complaints.
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 AND PROTECT XASCEND LLC, ITS TEAM, STAFF, AGENTS, AND PARTNERS FROM ALL CLAIMS, DAMAGES, FINES, LOSSES, COSTS, AND LEGAL FEES THAT COME FROM YOUR BREACH OF THIS AUP, SUCH AS:
- Claims from people who got unwanted messages through the Platform;
- Fines from the FCC, FTC, state AGs, or any agency;
- Carrier fines or fees from spam complaints;
- TCPA damages (up to $1,500 per unwanted message);
- CAN-SPAM fines (up to $51,744 per bad email);
- GDPR fines or penalties;
- Any third-party claims arising from your messaging activities.
This duty lasts even after your account ends.
10. YOUR REPRESENTATIONS AND WARRANTIES
By using the messaging features of the Platform, you represent and warrant that:
- All contacts in your account already do business with you or gave clear consent to hear from you;
- You did not buy, rent, scrape, or get contact lists from third parties for use with the Platform;
- You keep records of consent for all contacts and can share them if we ask;
- All messages sent through the Platform follow all laws;
- You will handle all opt-out and unsubscribe requests right away;
- You will not use the Platform for cold outreach of any kind;
- You know that you — not XAscend LLC — hold full legal and money risk for the messages you send.
11. LIMITATION OF LIABILITY
XASCEND LLC IS A TECH PLATFORM. WE DO NOT CHECK YOUR CONTACT LISTS, VERIFY CONSENT, READ YOUR MESSAGES, OR WATCH YOUR USE FOR YOU. WE ARE NOT A TELECOM CARRIER OR CO-SENDER OF YOUR MESSAGES.
TO THE FULLEST EXTENT THE LAW ALLOWS, XASCEND LLC IS NOT LIABLE FOR ANY FINES, DAMAGES, OR LOSSES FROM YOUR USE OF THE MESSAGE TOOLS. THIS COVERS TCPA CLAIMS, CAN-SPAM FINES, GDPR FINES, CARRIER FEES, OR ANY OTHER LEGAL ACTION FROM YOUR MESSAGES.
YOU USE THE MESSAGE TOOLS AT YOUR OWN RISK. YOU TAKE ALL LIABILITY FOR EVERY MESSAGE SENT FROM YOUR ACCOUNT.
12. ZERO-TOLERANCE SPAM POLICY
PRAISING.AI HAS A ZERO-TOLERANCE RULE FOR SPAM AND UNWANTED MESSAGES. IF YOU USE THE PLATFORM FOR COLD SMS, COLD EMAIL, COLD WHATSAPP, OR ANY FORM OF UNWANTED BULK MESSAGES, WE WILL CLOSE YOUR ACCOUNT AT ONCE WITH NO NOTICE, WARNING, OR REFUND.
We take this policy seriously because spam and unsolicited messaging:
- Breaks US law (TCPA, CAN-SPAM) and may break global law (GDPR, CASL);
- Puts our platform, systems, and other users at legal and technical risk;
- Hurts the send rate and good name of our message tools for all users;
- Harms the people 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