Platform Fair Use Policy

Section 01

Scope

This Fair Use Policy ("Policy") governs your use of the GavelGrow marketing platform (the "Platform") at app.gavelgrow.com. It is incorporated by reference into the GavelGrow Terms of Service. Where this Policy conflicts with the Terms of Service, the Terms of Service control.

This Policy applies to all Platform subscribers — Track, Optimize, and Managed plans.

Section 02

One Human Per Seat

A Platform seat is a license for a single, identified human being to access the Platform. You agree that:

• Each seat is tied to a unique individual — identified by a real name and verifiable email address
• You will not share login credentials among multiple people. If two individuals at your firm need Platform access, you need two seats
• You will not create "shared" or "service account" logins used by more than one person (e.g., "[email protected]" used by 5 intake reps rotating through one login)
• Automated systems, bots, or scripts may only access the Platform via the documented REST API (available on Optimize and Managed plans). Using a human seat for automation is prohibited

We reserve the right to audit seat usage via login patterns, IP variance, simultaneous-session detection, and other signals. If we determine that a seat is being shared, we may:

• Notify the Account Owner and request remediation
• Automatically provision additional seats at the standard overage rate for that tier (a flat $79/seat/month on every plan)
• For repeated or willful violations: suspend the account pending review

Section 03

Tier Seat Limits

Each plan has an included seat count; extra seats bill at a flat $79/seat/month.

Included seats and overage rate per plan

• Track: 5 seats included · $79/seat/month after
• Optimize: 15 seats included · $79/seat/month after
• Managed: 3 seats included · additional seats added through your strategist at $79/seat/month

When you add a seat beyond your included count, the overage charge is automatically added to your next invoice. You will see the charge before confirming the invite.

Track and Optimize have no practical seat cap — add as many seats as your firm needs at the flat $79 rate. Seat additions remain subject to the bulk-invite protection below.

Section 04

Bulk-Invite Protection

To protect against credential-stuffing and automated abuse:

• No more than 5 seat additions may be processed within any rolling 24-hour period on Track or Optimize
• Legitimate growth rarely adds more than 5 humans to a tool in a single day
• Attempts to exceed this rate will be blocked until the 24-hour window clears
• We may contact the Account Owner to confirm the activity
• Accounts flagged twice within 90 days may be subject to additional verification

This rule does not apply to Managed accounts with documented rollouts coordinated through your strategist.

Section 05

SMS Usage Limits

Included SMS per tier

• Track: 1,000 client SMS / month
• Optimize: 3,000 client SMS / month
• Managed: 1,000 client SMS / month

When your included allocation is used, outbound SMS to clients pause until you add a 500-message pack ($15, all plans) or the allocation resets on the 1st of the month. Packs are never added automatically. Unused pack messages carry over while your subscription is active. Alerts sent to your own team do not count toward the allocation.

Per-hour rate limits

To prevent spike abuse and protect message deliverability, the Platform enforces per-hour outbound SMS caps:

• Track: 200 SMS / hour
• Optimize: 500 SMS / hour
• Managed: 200 SMS / hour

Automated messages exceeding the per-hour limit are queued server-side and released at the next window.

TCPA and legal compliance — your responsibility

You are solely responsible for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state attorney advertising rules, and any other applicable law when using Platform SMS or email features. This includes:

• Obtaining prior express written consent before sending non-transactional SMS
• Maintaining consent records for at least 4 years
• Honoring STOP / UNSUBSCRIBE / CANCEL / QUIT requests immediately
• Respecting quiet-hour restrictions (before 8am / after 9pm recipient local time)
• Including required identification and opt-out instructions in messages
• Using only approved 10DLC-registered campaigns for A2P messaging

The Platform provides technical compliance tools (consent tracking, automatic STOP handling, audit logs) but does not constitute legal advice and does not transfer compliance liability to GavelGrow. Violations are grounds for immediate suspension.

Section 06

Call Tracking Usage Limits

Included call tracking numbers per tier

• Track: 2 numbers
• Optimize: 10 numbers
• Managed: 3 numbers (your strategist runs consolidated tracking; add more at $10/mo)

Additional numbers are $10/month each on any tier.

Call tracking uses Twilio-provisioned phone numbers. You agree not to use tracking numbers for:

• Robocalling (automated outbound voice campaigns without consent)
• Telemarketing to numbers on the Do Not Call registry
• Recording calls without proper disclosure in any jurisdiction that requires two-party consent
• Any purpose prohibited by Twilio's Acceptable Use Policy

Section 07

Data, Storage, and Compute

The Platform does not impose hard caps on leads tracked, cases managed, or total data storage on any plan. However, genuine abuse cases will be handled individually:

• Accounts storing more than 500GB of call recordings or file attachments may be asked to archive old data or arrange a metered storage add-on
• Accounts generating sustained >10 million API requests per month that exceed the typical patterns for their firm size may be migrated to a metered-usage agreement
• Crypto mining, third-party workload hosting, or any use of the Platform infrastructure for non-GavelGrow purposes is strictly prohibited and grounds for immediate termination

We will always contact the Account Owner before taking action on these outlier cases — fair warning, not surprise enforcement.

Section 08

Platform Integrity

You agree not to:

• Reverse-engineer, decompile, or disassemble any part of the Platform or its underlying infrastructure
• Scrape benchmark data or any aggregate data shown to you from sources other than your own firm's activity, beyond reasonable personal use
• Circumvent rate limits, seat caps, feature gates, or billing meters through technical means
• Resell or redistribute Platform access to third parties
• Use the Platform to compete with GavelGrow by building a derivative competing service

Violations of this section are grounds for immediate termination without refund.

Section 09

Enforcement Philosophy

This Policy exists to protect legitimate users from the small minority who abuse shared infrastructure. It is not designed to penalize normal growth or edge cases. Our enforcement philosophy:

• Automated systems handle routine enforcement — seat overage billing, SMS rate limiting, bulk-invite blocks. These are transparent and predictable
• Humans handle edge cases — unusual patterns flagged by automation are reviewed by a real person before any account action
• Communication before action — for anything beyond routine overage billing, we contact the Account Owner first and give reasonable time to remediate
• No surprise terminations — accounts are not terminated for Policy violations without documented notice and an opportunity to cure, except in cases of willful illegal activity (TCPA violations, fraud, etc.)

Section 10

Changes to This Policy

We may update this Policy from time to time. Material changes — including changes to seat caps, rate limits, or pricing — will be announced:

• Via email to the Account Owner at least 30 days before the effective date
• Via dashboard banner on app.gavelgrow.com for 30 days prior
• Via an updated version number and date on this page

Grandfather clause

Existing subscribers are guaranteed their current pricing for 12 months from the effective date of any price change, after which they migrate to the new structure or may cancel without penalty.