Acceptable Use Policy

1. Purpose and Scope

This Acceptable Use Policy (Policy) sets out the rules governing your use of our platform (Platform), including the use of phone numbers, SMS messaging, automated calling, and AI agent functionality provided through our Platform. When we say we, us, or our, we mean Heffron Intelligence Pty Ltd (ACN 677 142 755).

This Policy forms part of, and is incorporated into, our Terms and Conditions (Terms). Capitalised terms used but not defined in this Policy have the meanings given to them in the Terms.

This Policy applies to you and all of your Authorised Users. You are responsible for ensuring your Authorised Users comply with this Policy.

By using our Platform, you agree to comply with this Policy. If you do not agree, you must not use our Platform.

2. Permitted Use

You may use our Platform only for lawful purposes and in accordance with:

  • the Terms and this Policy;
  • the Spam Act 2003 (Cth);
  • the Telecommunications Act 1997 (Cth);
  • the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
  • the Do Not Call Register Act 2006 (Cth);
  • any other applicable Australian or international laws relevant to electronic communications, marketing, and data privacy in the jurisdiction(s) in which you operate.

3. Consent Requirements

You must not send any commercial electronic message (including SMS, email, or automated voice message) through our Platform unless you have obtained prior express or inferred consent from each recipient, as required under the Spam Act 2003 (Cth) and applicable law.

For the purposes of this Policy:

  • Express consent means the recipient has clearly and explicitly agreed to receive commercial messages from you (e.g., by ticking a consent box or signing up to a mailing list);
  • Inferred consent means consent that can reasonably be inferred from the recipient's conduct or existing business relationship with you, in accordance with applicable law.

You must be able to demonstrate, upon our request, that you hold valid consent for each recipient on any contact list used through our Platform. You must retain records of consent for a minimum of 2 years or such longer period as required by law.

You must not send messages to any individual who has:

  • opted out of receiving communications from you;
  • registered on the Do Not Call Register (for telemarketing calls and faxes); or
  • otherwise indicated they do not wish to receive communications from you.

You must not use address-harvested contact lists or any lists compiled using automated tools that collect contact details without the knowledge or consent of the individuals concerned.

4. Message Content Requirements

All commercial electronic messages sent through our Platform must:

  • Clearly identify the sender: Every message must include your business name and accurate contact details so that recipients can identify who is contacting them.
  • Include a functional opt-out mechanism: Every commercial electronic message must include a clear, simple, and functional mechanism by which the recipient can opt out of receiving further messages from you (e.g., “Reply STOP to unsubscribe” or a working unsubscribe link). This applies regardless of whether the message is drafted by a human or generated by an AI agent.
  • Honour opt-out requests promptly: You must action all opt-out requests as soon as practicable and no later than 5 business days after receipt. You must not send further commercial messages to a recipient after they have opted out.

You must not send messages that are:

  • defamatory, offensive, abusive, indecent, threatening, harassing or menacing;
  • misleading or deceptive, or likely to mislead or deceive recipients;
  • in breach of any applicable law.

Where AI agents are used to draft messages, you remain solely responsible for ensuring that the content of those messages complies with this Policy and all applicable laws. The fact that a message was AI-generated does not reduce or remove your obligations or liability.

5. AI Agent and Automated Messaging — Specific Requirements

Where you use our Platform to deploy AI agents that send personalised messages to recipients, you acknowledge that:

  • such messages may constitute commercial electronic messages under the Spam Act 2003 (Cth) if they have a commercial purpose (even if only partly commercial);
  • the same consent, identification, and opt-out requirements apply to AI-generated messages as to human-drafted messages;
  • recipients are entitled to opt out regardless of whether they are aware the message was AI-generated.

You must not use AI agents on our Platform to:

  • send messages to recipients who have not consented to receive communications from you;
  • impersonate a human in a way that is intended to deceive recipients into believing they are communicating with a person rather than an automated system, where such deception would breach applicable law;
  • send bulk unsolicited messages (spam).

Any opt-out mechanism included in AI-generated messages must be functional and must result in the recipient being removed from your contact list for future communications.

6. Phone Numbers

Phone numbers provided through our Platform are licensed to you for use in accordance with this Policy and the Terms. You must not use those numbers to:

  • send unsolicited commercial messages;
  • engage in conduct that could expose us to liability under the Spam Act 2003 (Cth) or any other applicable law;
  • conduct any activity that breaches this Policy.

You acknowledge that phone numbers are registered in our name and that misuse of those numbers may expose us to regulatory investigation and penalties. You agree to indemnify us for any Liability arising from your misuse of those numbers.

7. Our Rights to Investigate, Suspend and Terminate

We may monitor usage of our Platform to detect potential breaches of this Policy or applicable law.

If we reasonably suspect that you are breaching this Policy or applicable spam laws, we may:

  • request that you provide evidence of consent for recipients on your contact lists within 5 business days;
  • immediately suspend your ability to send messages through our Platform pending investigation;
  • terminate your access to our Platform in accordance with the Terms.

Failure to provide satisfactory evidence of consent upon our request will be treated as a breach of this Policy and may result in suspension or termination of your account.

We may report suspected breaches of the Spam Act 2003 (Cth) or other applicable laws to the relevant regulator (including ACMA) where we consider it appropriate or where we are required to do so by law.

8. Indemnity

You agree to indemnify, defend and hold harmless Heffron Intelligence Pty Ltd, its officers, employees, contractors and agents from and against any and all Liability (including regulatory fines, penalties, legal costs on a full indemnity basis, and third-party claims) arising from or in connection with:

  • your breach of this Policy;
  • your breach of the Spam Act 2003 (Cth) or any other applicable law in connection with your use of our Platform;
  • any claim by a recipient that they received unsolicited communications through our Platform as a result of your actions.

9. Consequences of Breach

A breach of this Policy constitutes a breach of the Terms. We may, depending on the severity and nature of the breach:

  • issue a written warning;
  • suspend your access to all or part of our Services;
  • terminate your account and access to our Services immediately and without notice where the breach is serious or cannot be remedied; and/or
  • pursue any other remedies available to us under the Terms or at law.

10. Updates to this Policy

We may update this Policy from time to time. We will notify you of material changes by email or through our Platform. Your continued use of our Platform after notification of changes constitutes your acceptance of the updated Policy.