Anti-Spam Policy
Last Updated: July 24, 2025
This Anti-Spam Policy governs the use of GFunnel Business LLC’s ("GFunnel," "we," "us," or "our") communication services, including GFunnel Email and SMS GFunnel, by Clients, defined as individuals or entities, including their employees, staff, partners, or authorized representatives (collectively, "Users"), who subscribe to or use our services, software, and platforms (collectively, "Services"). Clients include Independent Business Contractors (IBCs) acting as clients, affiliates, or members, using the Services to manage business operations or serve third parties. This policy ensures compliance with anti-spam laws, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"), the Telephone Consumer Protection Act ("TCPA"), and other applicable regulations. By using GFunnel’s communication services, you agree to comply with this Anti-Spam Policy and ensure that your Users comply. Violation of this policy may result in suspension or termination of access to the Services, at GFunnel’s sole discretion.
1. Purpose
The purpose of this Anti-Spam Policy is to promote lawful and ethical use of GFunnel’s communication services, preventing unsolicited or unauthorized messages that harm recipients, GFunnel’s reputation, or platform integrity. It complements the Terms of Service (https://www.gfunnel.com/terms), Privacy Policy (https://www.gfunnel.com/privacy), Acceptable Use Policy (https://www.gfunnel.com/acceptable-use-policy), AI Acceptable Use Policy (https://www.gfunnel.com/ai-acceptable-use-policy), Code of Conduct (https://www.gfunnel.com/code-of-conduct), and, where applicable, Business Associate Agreement (https://www.gfunnel.com/baa).
2. Lawful Use Requirements
You and your Users must use GFunnel’s communication services (GFunnel Email, SMS GFunnel) in compliance with all applicable anti-spam laws and GFunnel’s policies. Requirements include:
- Prior Consent: Obtaining express written or verifiable oral consent from recipients before sending commercial emails or SMS messages, as required by the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and TCPA (47 U.S.C. § 227).
- Accurate Records: Maintaining records of consent (e.g., opt-in forms, timestamps) for at least three years, available for GFunnel’s review upon request.
- Clear Identification: Including your valid physical postal address, accurate sender information (e.g., name, email address), and a clear subject line in all commercial emails, per CAN-SPAM Act requirements.
- Opt-Out Mechanism: Providing a clear and functional unsubscribe option in every commercial email, honored within 10 business days, and an opt-out option for SMS messages, honored immediately, as required by CAN-SPAM and TCPA.
- Content Compliance: Ensuring messages do not contain false, misleading, or unlawful content, including pornographic, defamatory, or infringing material, and comply with the Code of Conduct.
- AI-Generated Content: When using Branded Flows AI to generate email or SMS content, ensuring compliance with this policy and the AI Acceptable Use Policy, including disclosing AI-generated content to recipients.
3. Prohibited Uses
You and your Users are strictly prohibited from using GFunnel’s communication services for:
- Unsolicited Messages: Sending commercial emails or SMS messages to recipients who have not provided prior consent, including purchased or scraped contact lists.
- Spam: Transmitting junk mail, chain letters, or other forms of unsolicited bulk communications.
- Misleading Practices: Using false headers, deceptive subject lines, or misleading sender information to disguise the origin or purpose of messages.
- Unlawful Content: Sending messages containing illegal, obscene, defamatory, or infringing content, including content that violates third-party intellectual property or privacy rights.
- Harassment: Sending messages that harass, intimidate, or threaten recipients, in violation of the Code of Conduct.
- Non-Compliant Opt-Outs: Failing to honor unsubscribe or opt-out requests within the required timeframes or sending messages to recipients who have opted out.
- Automated Spamming: Using the Branded Flows AI software or other automation tools to generate or send spam, in violation of the AI Acceptable Use Policy.
4. Client Responsibilities
As a Client, you are responsible for ensuring that your employees, staff, partners, and other authorized Users comply with this Anti-Spam Policy. Your responsibilities include:
- Training and Monitoring: Training Users on anti-spam compliance and monitoring their use of GFunnel Email and SMS GFunnel to prevent violations, especially when serving third parties.
- Consent Management: Obtaining and documenting prior consent from recipients, ensuring compliance with CAN-SPAM, TCPA, and other applicable laws.
- Content Review: Reviewing all messages (including AI-generated content) before sending to ensure compliance with this policy and applicable laws.
- Opt-Out Compliance: Implementing and honoring unsubscribe or opt-out requests promptly, maintaining accurate suppression lists.
- Credential Security: Ensuring Users maintain the confidentiality of access credentials and report unauthorized use immediately to onestop@gfunnel.com.
- Liability: You are liable for any violations of this Anti-Spam Policy by your Users, including damages, losses, or expenses incurred by GFunnel, as specified in the Terms of Service (Section 16).
5. Enforcement
GFunnel reserves the right to monitor usage of GFunnel Email and SMS GFunnel to ensure compliance with this Anti-Spam Policy. If GFunnel determines, in its sole discretion, that you or your Users have violated this policy, GFunnel may:
- Suspend or terminate access to GFunnel Email, SMS GFunnel, or the Services for you or specific Users without notice.
- Remove or disable access to any messages or content that violate this policy.
- Block or filter messages identified as spam or non-compliant.
- Report violations to appropriate authorities, including regulatory bodies or law enforcement.
- Pursue remedies under the Terms of Service, including termination of the Agreement or collection of damages.
GFunnel has no obligation to prescreen or monitor message content but may do so to enforce this policy. You agree to cooperate with GFunnel in investigating or resolving suspected violations.
6. Reporting Violations
If you become aware of any violation of this Anti-Spam Policy by you, your Users, or third parties, you must promptly notify GFunnel at onestop@gfunnel.com. Provide details of the violation, including the nature, date, and affected Services, to facilitate investigation.
7. Third-Party Services
GFunnel’s communication services may integrate with third-party providers (e.g., Twilio for SMS). You and your Users must comply with the anti-spam policies and terms of these providers when using integrated services. GFunnel is not liable for violations of third-party terms or issues arising from third-party services.
8. Updates to this Anti-Spam Policy
GFunnel may update this Anti-Spam Policy to reflect changes in the Services, legal requirements, or business needs. Updates will be posted at https://www.gfunnel.com/antispam, with the "Last Updated" date revised. You will be notified of material changes via email or GFunnel platform notification. Continued use of the Services after updates constitutes acceptance of the revised Anti-Spam Policy. If you do not agree with changes, you must notify GFunnel in writing within 30 days at onestop@gfunnel.com, and the prior policy will apply until the end of your current Term.
9. Contact Information
For questions, concerns, or to report violations of this Anti-Spam Policy, contact GFunnel at:
- Email: onestop@gfunnel.com
- Mail: GFunnel Business LLC, 5830 E 2nd St Ste 7000 #13094, Casper, WY 82609
- Phone: +1 833 455 5538