Acceptable Use Policy

Last Updated: April 30, 2026 (view archive)

This Acceptable Use Policy (the “AUP“) is incorporated by reference into the Omnisend Terms of Use (the “Terms“) and forms an integral part of the Agreement (as defined in the Terms). All capitalized terms used herein but not otherwise defined shall have the meanings set forth in the Terms.

This AUP outlines activities and content that are prohibited when using our Services. By using the Services, you agree to comply with this AUP and ensure that all Authorized Users do the same. Violations of this AUP may result in suspension or termination of your account, at our sole discretion.

Why This Matters

Every business using Omnisend shares the same infrastructure and sender reputation. One bad actor can impact thousands of legitimate businesses trying to connect with their audiences. That’s why we take our AUP seriously — and why we need you to as well.

1. No Spam Policy

1.1. You may not use the Services to send, transmit, handle, distribute, or deliver spam or unsolicited messages through any channel, including but not limited to email, SMS, push notifications, or any other communication method available through the Services.

For purposes of this AUP, “spam” means any commercial or promotional message sent without the recipient’s consent or in violation of any applicable laws, including anti-spam laws, whether sent individually or in bulk.

1.2. You may not send messages to recipients whose contact information was purchased, rented, scraped, harvested, or otherwise obtained without their consent to receive communications from you.

1.3. You may not send messages to recipients with incomplete or inaccurate contact information, or to recipients who have opted out.

1.4. All messages must comply with applicable anti-spam and privacy laws, including but not limited to CAN-SPAM (U.S.), GDPR and ePrivacy Directive (EU), CASL (Canada), and equivalent laws in all jurisdictions where your recipients are located.

2. Consent Requirements

2.1. To communicate with any recipient using the Services, you must have obtained the recipient’s express consent to receive promotional or marketing communications. At minimum, consent must be:

2.1.1. Affirmative and documented through verifiable means (such as opt-in forms with unmarked checkboxes, double opt-in confirmation, or written authorization);

2.1.2. Clear about what the recipient is subscribing to, including any disclosures required by applicable law or communication channel (such as nature, frequency, or costs of communications); and

2.1.3. Obtained directly from the recipient through your own channels, not through third-party list providers, brokers, or resellers (even if such lists claim to be opt-in).

2.2. You must promptly honor all opt-out, unsubscribe, “do not call,” and “do not send” requests in accordance with applicable law.

2.3. You must maintain records demonstrating proof of consent for all recipients and provide such records at any time to Omnisend upon request.

3. Prohibited Use
You may not use the Services to send, promote, or distribute content or engage in activities that violate this AUP. Specifically:

3.1. Prohibited Content
You may not send content that:
3.1.1. Violates applicable laws, including those governing privacy, consumer protection, intellectual property, or telecommunications;
3.1.2. Promotes terrorism, violent extremism, or child exploitation;
3.1.3. Impersonates other persons, entities, or brands, or contains phishing attempts or spoofing;
3.1.4. Promotes hate speech, violence, or discrimination based on protected characteristics;
3.1.5. Contains pornography, sexually explicit content, non-consensual intimate images, or child sexual abuse material or child pornography;
3.1.6. Contains defamatory, threatening, harassing, stalking, or abusive material;
3.1.7. Promotes fraudulent schemes, fake offers, or scam-related materials;
3.1.8. Provides instructions for creating weapons, explosives, or other dangerous devices;
3.1.9. Contains deliberately false or misleading information reasonably likely to cause material harm or deception;
3.1.10. Targets, markets to, or directs communications toward children under 13 (or under 16 in the EEA) without verifiable parental consent;
3.1.11. Contains viruses, malware, or other malicious code.

3.2. Prohibited Products and Services
You may not use the Services to promote, advertise, or facilitate:
3.2.1. Unauthorized, counterfeit, or illegally distributed pharmaceutical products, and prescription medications (including but not limited to drugs for research purposes);
3.2.2. Multi-level marketing, pyramid schemes, get-rich-quick schemes, or work-from-home scams;
3.2.3. Unlicensed payday loans, or high-interest loans, predatory lending, credit repair, or debt relief services;
3.2.4. Cryptocurrency investment schemes, token sales, or crypto-related services that are unregulated, misleading, or promote speculative investment;
3.2.5. Gambling services, online poker, or casino games;
3.2.6. List brokerage, list rental services, or lead generation involving the sale or transfer of email addresses, phone numbers, or other contact information;
3.2.7. Social media followers, engagement, reviews, or other artificially inflated metrics;
3.2.8. Affiliate marketing where you have no direct relationship with the merchant or product other than earning commissions;
3.2.9. Weapons, ammunition, or explosives;
3.2.10. Escort services, or international marriage brokers;
3.2.11. Counterfeit goods or products infringing intellectual property rights;
3.2.12. Political campaigning, political fundraising, or voter mobilization.

3.3. Unauthorized Service Use
You may not use the Services to:
3.3.1. Interfere with, disrupt, or attempt to gain unauthorized access to the Services, other users’ accounts, or any connected systems or networks;
3.3.2. Bypass, disable, or circumvent any security measures, access controls, or usage limitations;
3.3.3. Reverse engineer, decompile, disassemble, or derive the source code or underlying algorithms of the Services;
3.3.4. Use automated means (bots, scripts, or similar tools) in a manner that imposes unreasonable load on our infrastructure or adversely impacts other users;
3.3.5. Collect, store, process, or transmit: a) special categories of personal data under GDPR (racial or ethnic origin, political opinions, religious or philosophical beliefs, biometric data, health data, sexual orientation); b) protected health information under HIPAA; c) financial account information, including credit card numbers or bank account details; d) government-issued identification numbers (Social Security numbers, passport numbers, driver’s license numbers); or e) personal information of children under 13 (or under 16 in the EEA) without verifiable parental consent;
3.3.6. Create multiple accounts to circumvent service limitations, billing requirements, or prior account suspensions; or create or maintain more than one free account on our platform, regardless of corporate structure or intended use case, without our prior written consent;
3.3.7. Misrepresent your identity, affiliation, sender information, or the origin of content;
3.3.8. Use the email list cleaning or verification features to validate contact lists that were purchased, rented, scraped, or otherwise collected without proper consent, or to verify contacts intended primarily for use outside the Omnisend platform. List cleaning confirms deliverability only and does not establish recipient consent.

Omnisend also reserves the right to evaluate and restrict any use cases related to illegal or controlled substances, high-risk industries, or activities that may violate the policies and compliance standards of our email service providers, SMS carriers, or our infrastructure providers.

4. SMS and Text Messaging Requirements
You must comply with the following requirements when sending SMS/MMS messages:

4.1. Consent Requirements
You must obtain prior express written consent as required by applicable law (including TCPA in the US) before sending marketing SMS messages. Consent must clearly disclose: (a) that the recipient agrees to receive text messages from you; (b) estimated message frequency; and (c) that message and data rates may apply. You must maintain records of consent and provide them to Omnisend upon request.

4.2. Opt-Out Requirements
Every marketing SMS message must include clear opt-out instructions (e.g., “Reply STOP to unsubscribe”). You must honor opt-out requests immediately and maintain a suppression list of opted-out recipients.

4.3. Sender Identification and Timing
Messages must clearly identify you as the sender. Marketing messages should only be sent during reasonable hours as required by applicable law and carrier guidelines (generally 8:00 AM to 9:00 PM in the recipient’s local time zone). Transactional messages may be sent at any time when reasonably necessary.

4.4. Additional SMS Content Restrictions
In addition to the prohibited content, products and services listed in Section 3, SMS/MMS messages are subject to additional carrier-specific restrictions and may not contain:
a. SHAFT content (sex, hate, alcohol, firearms, tobacco);
b. Cannabis, THC, CBD, kratom, marijuana, vaping, e-cigarettes, or paraphernalia products;
c. Prescription medications; or
d. Age-restricted content including but not limited to gambling, sports betting, and lottery services.

4.5. Regulatory and Carrier Compliance
You must comply with TCPA (U.S.), A2P 10DLC registration requirements, CTIA guidelines, wireless carrier policies, and messaging regulations in all countries where recipients are located. You must also comply with the acceptable use policies of our third-party SMS providers. Carriers may filter or block messages that violate their policies, and Omnisend is not liable for non-delivery resulting from carrier filtering.

5. Monitoring and Enforcement

5.1. Omnisend actively monitors account activity to protect our shared infrastructure and sender reputation through:

Real-time complaint tracking – we’re integrated with major ISP spam reporting systems and know immediately when recipients mark your messages as spam.
Performance thresholds – if your campaigns exceed the following levels, Omnisend may issue a warning, restrict sending, or suspend your account:

Metric	Acceptable Levels	Additional Details
Spam complaints	≤ 0.08%	Calc­ulated on the numb­er of mess­ages that­ have­ been­ repo­rted as spam­
Bounces	≤ 4%	Calculated on the number of messages that have bounced
Unsubscribes	≤ 1.4%	Recipients who opt out

List verification – we automatically sample and verify recipient lists imported into the platform to assess list quality.
Blacklist monitoring – we track ISP and email service provider blacklists continuously.

5.2. Consequences of Violations:

5.2.1. Omnisend reserves the right, at its sole discretion and without prior notice or liability, to monitor, investigate, suspend, restrict, or terminate your account or access to the Services at any time if Omnisend reasonably determines that you have violated this AUP. Omnisend also reserves a right to report suspected illegal activity to the relevant authorities.

5.2.2. Omnisend may, but is not obligated to, provide warnings before suspension or termination. In some cases, Omnisend may issue one or more warnings and provide an opportunity to remedy the violation. In other cases, particularly for serious violations or threats to platform integrity or deliverability, Omnisend may immediately suspend or terminate your account without warning.

5.2.3. Effect of Suspension or Termination. Upon suspension or termination of your account under this Section: (a) your access to the Services may be immediately restricted or revoked; (b) any queued or scheduled messages may not be delivered; (c) any promotional discounts, credits, or special benefits may be permanently revoked; and (d) Omnisend shall have no liability for any losses arising from such suspension or termination, except to the extent such liability cannot be excluded under applicable law. Suspension or termination does not relieve you of your payment obligations under the Terms.

6. Amendments

We may update this AUP from time to time by posting a revised version on the Website or by providing notice via email or through your account. Material changes will become effective thirty (30) days after notice is provided. Your continued use of the Services after the effective date constitutes acceptance of the updated AUP.

If you have any questions or become aware of any violation of this AUP, please contact us at [email protected] or by mail at Omnisend UAB, Verkių str. 25C, Vilnius, Lithuania.