Zenu Fair Use Policy

Messaging Services and Subscriber Data Uploads

1. Introduction

1.1 This Fair Use Policy ("Policy") forms part of the Zenu Realestate Subscription Terms & Conditions ("Terms") and governs your use of Zenu's Messaging Services and data upload capabilities.

1.2 Capitalized terms used but not defined in this Policy have the meanings given to them in the Terms.

1.3 This Policy may be updated from time to time in accordance with clause 30 of the Terms. Continued use of the Services after any such changes constitutes your acceptance of the new Policy.

2. Purpose

2.1 This Policy is designed to: (a) ensure fair and equitable access to the Services for all Subscribers; (b) prevent misuse that may degrade service quality or availability; (c) maintain compliance with applicable laws and regulations; (d) protect the security and integrity of the Zenu platform; and (e) safeguard the privacy and rights of individuals whose data is processed through the Services.

3. Messaging Services Usage Limits

3.1 Volume Limitations. The following monthly limits apply to your use of the Messaging Services: (a) Email Messages: 1,000 messages per Subscriber per month; and (b) Bulk Messaging Campaigns such as E-Marketing campaign emails: 10,000 campaign emails per month.

3.2 Rate Limitations. To prevent system overload and ensure service quality, the following rate limits apply: (a) API Calls: Maximum 60 calls per minute.

3.3 Excess Usage. If you exceed these limits: (a) Zenu may temporarily throttle your access to the Messaging Services; (b) Additional charges may apply at rates specified in your Subscription Licence; and (c) For persistent excess usage, Zenu may require you to upgrade to a higher tier Subscription.

3.4 Monitoring. Zenu monitors messaging patterns and volumes to ensure compliance with this Policy. Unusual patterns may trigger automated or manual review.

4. Subscriber Data Upload Limitations

4.1 Storage Allocation. Your Subscription includes: (a) Base storage allocation of 50 GB for Subscriber Content (b) Additional storage available at rates on request from Zenu.

4.2 File Size and Type Restrictions: (a) Maximum file size: 30 MB per individual file; (b) Permitted file types: documents (.pdf, .doc, .docx, .txt, .rtf), images (.jpg, .jpeg, .png), spreadsheets (.xls, .xlsx, .csv); (c) Prohibited file types: executable files (.exe, .bat, .cmd, .msi, .ppt, .pptx), script files (.js, .vbs, .ps1), and any file type that may contain malicious code

4.3 Bulk Upload Limitations: (a) Maximum 10 files per bulk upload operation; (b) Maximum 100,000 contact records per import operation; and (c) Maximum 1 bulk operations per day.

4.4 Data Quality Requirements: (a) Contact data must include mandatory fields as specified in the documentation; (b) Data must be formatted according to Zenu's specifications; and (c) Duplicate detection settings must be configured appropriately.

5. Prohibited Content and Activities

5.1 Prohibited Message Content. In addition to the prohibitions in clause 20 of the Terms, you must not use the Messaging Services to send messages that: (a) Contain false or misleading property information or pricing; (b) Make unrealistic promises or guarantees about property values or returns; (c) Misrepresent the sender's identity or relationship with the recipient; (d) Contain misleading subject lines or content designed to circumvent spam filters; (e) Promote high-risk investment schemes or property ventures without appropriate disclaimers; (f) Offer incentives for reviews or testimonials without disclosing the incentive; (g) Target individuals under 18 years of age; (h) Contain excessive use of capital letters, exclamation marks, or other formatting designed to create false urgency.

5.2 Prohibited Data Upload Activities. You must not: (a) Upload data that you do not have the legal right to collect, process, or share; (b) Upload data obtained through scraping, harvesting, or other automated collection methods without explicit consent; (c) Upload contact lists purchased from third parties without verification of consent; (d) Upload data containing Sensitive Information (as defined in the Privacy Act 1988 (Cth)) without appropriate safeguards and explicit consent ;(e) Upload data for the purpose of circumventing opt-out or unsubscribe requests; (f) Attempt to reverse engineer the platform's data structure or access other Subscribers' data; (g) Upload malicious files designed to compromise system security or functionality; (h) Upload files containing embedded tracking mechanisms not disclosed to data subjects.

5.3 Automated Messaging Restrictions. When using automated messaging features: (a) All automated sequences must include clear identification of the sender; (b) Automated messages must not be designed to harass or overwhelm recipients; (c) Automated follow-up sequences must respect reasonable frequency limitations; (d) Automated messages must include functional opt-out mechanisms; (e) Automated messaging must cease immediately upon recipient opt-out request.

6. Compliance with Laws and Regulations

6.1 Anti-Spam Compliance. All messages sent using the Messaging Services must comply with the Spam Act 2003 (Cth), including: (a) Obtaining express or inferred consent before sending commercial electronic messages; (b) Including accurate sender identification information; (c) Including a functional unsubscribe mechanism; (d) Honouring unsubscribe requests within 5 business days.

6.2 Privacy Compliance. All data uploaded to and processed through the Services must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including: (a) Collecting personal information only by lawful and fair means; (b) Obtaining appropriate consent for the collection, use, and disclosure of personal information; (c) Using and disclosing personal information only for the purpose for which it was collected; (d) Taking reasonable steps to ensure the accuracy and security of personal information; (e) Providing individuals with access to their personal information upon request.

6.3 Real Estate Industry Compliance. All messages and data must comply with: (a) Property and real estate advertising regulations in your jurisdiction; (b) Professional standards and codes of conduct applicable to real estate professionals; (c) Consumer protection laws regarding property advertising and marketing.

6.4 Record Keeping. You must maintain records of: (a) Consent obtained from individuals for direct marketing communications; (b) Opt-out requests and their implementation; (c) Sources of all uploaded contact data; (d) Privacy notices provided to individuals.

7. Data Quality and Security

7.1 Data Quality Obligations. You must: (a) Take reasonable steps to ensure all uploaded data is accurate, complete, and up-to-date; (b) Regularly audit and clean your contact database; (c) Implement processes to identify and correct inaccurate data; (d) Remove or update outdated contact information.

7.2 Security Measures. You must: (a) Maintain the confidentiality of your account credentials; (b) Implement appropriate access controls for your Authorised Users; (c) Promptly remove access for departing employees or contractors; (d) Report any suspected security breach to Zenu immediately; (e) Implement Zenu's recommended security features, including two-factor authentication when available.

7.3 Data Minimisation. You should: (a) Only upload data that is necessary for your legitimate business purposes; (b) Regularly review and remove unnecessary data; (c) Implement appropriate retention periods for different categories of data.

8. Monitoring and Enforcement

8.1 Monitoring. Zenu may monitor your use of the Messaging Services and data upload activities to ensure compliance with this Policy. This monitoring may include: (a) Automated scanning of message content for prohibited content; (b) Review of messaging patterns and volumes; (c) Analysis of complaint rates and unsubscribe requests; (d) Scanning uploaded files for malicious code or prohibited content; (e) Auditing of data upload volumes and patterns.

8.2 Complaint Handling. Zenu will: (a) Investigate all complaints received about messages sent through the Services; (b) Provide you with notice of complaints relating to your account; (c) Require you to respond to complaints within a reasonable timeframe; (d) Take appropriate action based on the outcome of investigations.

8.3 Enforcement Actions. If Zenu determines that you have violated this Policy, Zenu may take one or more of the following actions: (a) Issue a warning; (b) Temporarily suspend specific features or services; (c) Require remedial action (d) Impose additional charges; (e) Reduce service limits; (f) Suspend your account; (g) Terminate your account in cases of serious or repeated violations.

8.4 Reporting Violations. If you become aware of any violation of this Policy, you should report it to Zenu immediately at compliance@zenu.com.au.

9. Best Practices

9.1 Messaging Best Practices. To ensure optimal deliverability and recipient experience: (a) Personalise messages where appropriate; (b) Ensure message content is relevant to the recipient; (c) Respect business hours when sending messages; (d) Maintain consistent sending patterns; (e) Monitor engagement metrics and adjust strategies accordingly; (f) Regularly clean contact lists to remove unengaged recipients; (g) Test messages before sending to large groups; (h) Include clear calls to action.

9.2 Data Upload Best Practices: (a) Validate data before uploading; (b) Use consistent formatting for contact information; (c) Include as much relevant information as possible for each contact; (d) Document the source and consent status for all uploaded contacts; (e) Regularly back up important data; (f) Use descriptive file names for uploaded documents.

10. Changes to Fair Use Policy

10.1 Zenu may modify this Policy from time to time by providing notice in accordance with clause 30 of the Terms.

10.2 Material changes that substantially reduce your rights or increase your obligations will be notified at least 30 days before implementation.

10.3 Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Policy.

11. Contact Information

11.1 If you have questions about this Policy or need to report violations, please contact:

• Email: accounts@zenu.com.au

• Phone: 1300 136 063

• Mail: Level 4, 459 Church Street Richmond VIC 3121