Acceptable Use Policy

1. Scope

This AUP applies to all use of the NextWave Site, the NextWave WordPress plugin (whether self-hosted or cloud-hosted), and all related Services. By accessing or using the Services, Customer agrees not to engage in any prohibited conduct described below and to ensure that its End Users, employees, and contractors do not do so.

2. Prohibited Content

Customer will not use the Services to host, store, transmit, generate, or display content that:

• • Is unlawful, defamatory, fraudulent, deceptive, threatening, harassing, or invasive of another's privacy;
• • Infringes, misappropriates, or violates intellectual property, publicity, or other rights of any third party;
• • Contains child sexual abuse material, non-consensual sexual imagery, or content that sexualizes minors;
• • Promotes or facilitates violence, terrorism, self-harm, or hate speech directed at protected classes;
• • Constitutes malware, ransomware, spyware, or other malicious code, or instructions or facilities for creating them;
• • Promotes or facilitates illegal gambling, illegal drugs, illegal firearms or regulated weapons, or other illegal activity;
• • Is sexually explicit (other than as expressly permitted by Island Pitch in writing for legitimate adult-industry deployments compliant with 18 U.S.C. § 2257);
• • Is regulated health information (HIPAA PHI) unless Customer has a separately executed Business Associate Agreement with Island Pitch;
• • Is cardholder data (PAN, CVV, magnetic stripe data, full track data) — payments must flow through Stripe and never be stored in the Plugin or on Cloud-Hosted instances; or
• • Is government-issued identification numbers (e.g., Social Security Numbers, passport numbers) unless absolutely required by Customer's lawful purpose and protected by reasonable safeguards consistent with applicable law.

3. Prohibited Conduct

Customer will not, and will not authorize or permit any End User or third party to:

• • Send unsolicited bulk email, SMS, or push notifications (spam) through the Plugin or Services, or violate the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), CASL, or any equivalent law;
• • Collect personal information from minors under 13 without verifiable parental consent in compliance with COPPA and similar laws;
• • Operate any sweepstakes, raffle, contest, or drawing without compliance with applicable state, provincial, and federal laws (including bonding, registration, and disclosure requirements);
• • Use the Services to violate alcoholic-beverage-control regulations, gaming laws, or similar industry-specific laws governing Customer's business;
• • Use NFC card identifiers to surveil or track individuals beyond the disclosed purpose of membership identification, without End-User consent;
• • Probe, scan, or test the vulnerability of any system or network without prior written authorization from Island Pitch (security research is welcomed under our coordinated disclosure program — contact security@islandpitch.com);
• • Attempt to gain unauthorized access to any portion of the Services, other customers' accounts, or any related system, equipment, or data;
• • Interfere with or disrupt the Services, including by overloading, flooding, or scraping the API beyond documented rate limits, or by attacking infrastructure;
• • Bypass or circumvent license-validation, rate limits, usage tiers, or feature flags;
• • Reverse engineer, decompile, or disassemble the Plugin or Services, except as expressly permitted by applicable law;
• • Provide the Services to third parties as a hosted, white-labeled, or service-bureau offering, except under a separate Reseller or OEM agreement signed by Island Pitch;
• • Use the Services to develop or train any product, model, or service that competes with NextWave;
• • Misrepresent the source of any communication or impersonate any person or entity;
• • Use the Services in any manner that could damage, disable, overburden, or impair Island Pitch infrastructure or its other customers' use of the Services;
• • Use any Island Pitch trademark, service mark, logo, or trade dress — including NextWave, Island Pitch, the IP Bot character, or the “Do Cool Things the Right Way!®” mark — in any manner that suggests sponsorship, endorsement, partnership, or affiliation that does not exist; that disparages or dilutes the mark; that incorporates the mark into a Customer company name, product name, domain name, social-media handle, or trademark application; that modifies, animates, recolors, translates, or stylizes the mark; or that combines the mark with another mark to form a composite mark, except as expressly permitted by a separate written trademark license from Island Pitch. Limited nominative fair use to factually identify Island Pitch's products and services is permitted, provided it is truthful, non-misleading, and does not imply endorsement.

4. Email, SMS, and Notification Hygiene

If Customer uses the Plugin or integrated providers (e.g., Mailchimp, ConvertKit, ActiveCampaign, HubSpot, Twilio) to send messages to End Users, Customer must:

• • Send only to recipients who have provided valid, documented consent;
• • Provide a clear, functional unsubscribe mechanism in every commercial email and an opt-out keyword (e.g., STOP) for every SMS program;
• • Honor unsubscribe requests within ten (10) business days (or sooner where required by law);
• • Identify the sender and include a valid postal address in commercial email;
• • Keep records of consent sufficient to demonstrate compliance with applicable law for at least three (3) years.

Repeated spam complaints or excessive bounce rates may result in suspension of Customer's integrations.

5. Resource and API Use

• • Customer's use of the license-validation API, REST endpoints (nwp/v1), and webhook endpoints must remain within published rate limits;
• • Customer must not cache or store license-validation responses beyond the time-to-live indicated in the response headers;
• • Cloud-Hosted Deployments are for Customer's own membership program. Plans include posted resource ceilings (members, redemptions per month, storage). Sustained usage beyond the ceiling may require an upgrade.

6. Security and Integrity

• • Customer must promptly apply security updates Island Pitch makes available;
• • Customer must not share license keys, API tokens, or admin credentials with any unauthorized party, and must rotate credentials suspected of compromise;
• • Customer must promptly notify Island Pitch at security@islandpitch.com of any actual or suspected security incident affecting the Services or Customer Data within Island Pitch's custody.

7. Enforcement

Island Pitch may investigate suspected violations of this AUP. Where we determine in our reasonable discretion that a violation has occurred or is imminent, we may take any of the following actions, with or without notice depending on severity: (a) request that Customer remediate within a stated period; (b) suspend or limit access to part or all of the Services; (c) remove or disable specific content or integrations; (d) terminate the affected account; and/or (e) cooperate with law enforcement.

Where time permits and the violation is not severe, we will use commercially reasonable efforts to give Customer notice and an opportunity to cure before suspension. For violations involving illegal content, child safety, security incidents, or threats to other customers or the Services, we may act immediately without notice.

8. Reporting Violations

To report a violation of this AUP — including spam, infringement, illegal content, or security issues — please contact:

9. Updates

Island Pitch may update this AUP from time to time to address new threats, regulatory changes, or product capabilities. Material changes will be announced at least thirty (30) days in advance to paid subscribers. Continued use after the effective date constitutes acceptance.