CAN-SPAM Email Policy

Statutory Basis

Upmos complies with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), codified at 15 U.S.C. § 7701 et seq. (the substantive requirements are set out at § 7704, and enforcement is provided for at § 7706), and the Federal Trade Commission’s implementing regulations at 16 CFR Part 316. This Policy describes how we collect, send, and manage commercial electronic mail messages.

Violations of the CAN-SPAM Act may result in civil penalties of up to $51,744 per email (as adjusted annually for inflation under 28 U.S.C. § 2461(b) and 16 CFR § 1.98; the FTC publishes the current figure each January) and may also give rise to enforcement actions by the FTC, State Attorneys General, and Internet Service Providers.

Types of Messages We Send

We send three categories of email to consumers and vendors:

• Transactional or relationship messages — order confirmations, shipping notifications, password resets, account-security alerts, receipt of payments. The CAN-SPAM Act exempts these from most opt-out requirements, but we still apply our anti-spoofing and accurate-header rules.
• Commercial messages — promotional offers, marketing newsletters, product recommendations. These are subject to all CAN-SPAM requirements set out below.
• Dual-purpose messages — messages whose primary purpose is commercial but that include transactional content. We treat these as commercial under CAN-SPAM and the FTC’s primary-purpose rule (16 CFR § 316.3).

Accurate Header and Subject Lines

Every email we send:

• Originates from a domain we control (@upmos.com, @email.upmos.com, or other Upmos-owned authenticated subdomain);
• Includes a “From,” “To,” “Reply-To,” and routing information (including the originating domain name and email address) that is accurate and identifies Upmos Inc. as the sender;
• Uses a subject line that accurately reflects the content of the message — never deceptive, misleading, or unrelated to the body.

Identification as an Advertisement

Every commercial email contains a clear and conspicuous identification that the message is an advertisement or solicitation, except where you have given prior affirmative consent to receive marketing from us.

Valid Physical Postal Address

Every commercial email includes our valid physical postal address:

Clear and Conspicuous Opt-Out Mechanism

Every commercial email contains a clear, conspicuous, working opt-out link or instruction. You may unsubscribe by:

• Clicking the “Unsubscribe” link at the bottom of any commercial email;
• Replying to any commercial email with “UNSUBSCRIBE” in the subject line;
• Visiting /my-account/communication-preferences/ and adjusting your settings;
• Emailing unsubscribe@upmos.com.

The opt-out mechanism remains operational for at least thirty (30) days after the email is sent.

Honoring Opt-Out Requests Within 10 Business Days

We honor opt-out requests within ten (10) business days of receipt, as required by the CAN-SPAM Act. We do not require you to take any step beyond sending the opt-out request, do not require you to provide any personally identifying information beyond your email address, and do not charge a fee.

Once you opt out of a category of email, we do not transfer or sell your email address to any other entity or marketer (other than to a vendor we hire to help us comply with CAN-SPAM itself).

Third-Party Senders and Forwarded Messages

If we contract with a vendor to send commercial email on our behalf, we remain responsible for the message’s compliance with CAN-SPAM. We require contractual provisions in every email-services contract obligating the vendor to comply with all CAN-SPAM requirements and our internal opt-out list.

Email Address Harvesting Prohibition

We do not engage in, contract for, or otherwise authorize:

• Address harvesting (collecting email addresses from websites or online services without the address-owner’s consent);
• Dictionary attacks (randomly generating email addresses);
• Automated registration of multiple accounts to send commercial email;
• Unauthorized relay or retransmission through another person’s computer.

Special Protections for Minors

We do not knowingly send commercial email to any individual under the age of thirteen (13) and we restrict marketing to users under sixteen (16) to age-appropriate content, consistent with our Age Restriction & COPPA Compliance Policy.

Reporting Violations

Report suspected violations of this Policy or suspected spoofing of Upmos email by sending the original email (with full headers) to abuse@upmos.com. Independent complaints may be filed with the FTC at reportfraud.ftc.gov.

Contact

Email-related compliance inquiries:

Email: privacy@upmos.com · legal@upmos.com

How Can You Contact Us About This Policy?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

General Contact

• Phone: 1-855-MERCHED (1-855-637-2433) (Mon–Fri, 9 AM–5 PM Central Time)
• General Support: support@upmos.com
• Report Issue: upmos.com/report
• Send Feedback: upmos.com/feedback

Department Directory

Mailing Address

Upmos Inc.
9896 Bissonnet St
Houston, TX 77036
United States