CAN-SPAM Compliance
Tier1/AI, operated by INS Digital Intelligence LLC
Effective: July 24, 2026
Last updated: July 24, 2026
OVERVIEW
Tier1/AI facilitates investor communications on behalf of public companies. Under the United States CAN-SPAM Act (15 U.S.C. ยง 7701 et seq.), primary responsibility for compliance with commercial email rules rests with the sender of the message - the entity whose product or service is promoted.
For communications sent through Tier1/AI, the Client is the sender. Tier1/AI is the technology provider. This page explains what that means, what tools Tier1/AI provides to support compliance, what Clients remain responsible for, and how we respond to abuse.
1. WHO IS THE SENDER
CAN-SPAM defines the sender as the entity whose product or service is promoted in a commercial email. For outbound investor communications sent through Tier1/AI:
- The Client (the public company or its officer or authorized representative) is the sender under CAN-SPAM.
- Tier1/AI is the technology provider that facilitates delivery.
Clients remain responsible for CAN-SPAM compliance and for compliance with analogous laws in other jurisdictions, including but not limited to:
- Canada's Anti-Spam Legislation (CASL)
- EU / UK Privacy and Electronic Communications Regulations (PECR) and GDPR
- Australia's Spam Act 2003
- Similar laws in other jurisdictions
2. WHAT TIER1/AI PROVIDES
The Service includes the following compliance-supporting features by default:
2.1 Unsubscribe link.
Every outbound commercial email sent through Tier1/AI includes an unsubscribe link. The link operates without requiring the recipient to log in, provide payment, or take any step other than clicking.
2.2 Suppression list.
When a recipient unsubscribes, their address is automatically added to the Client's suppression list. Further attempts to send to that address through the Service are blocked at the platform level.
2.3 Physical postal address.
Every outbound commercial email includes the Client's physical postal address, configured during onboarding. Clients are responsible for keeping this address current.
2.4 Sender identification.
Outbound emails include accurate From and Reply-To headers. The Service does not permit deceptive or misleading header information.
2.5 Subject-line accuracy.
The Service does not permit subject lines that misrepresent the content or purpose of the message.
3. WHAT THE CLIENT IS RESPONSIBLE FOR
3.1 Sender identity accuracy.
The Client is responsible for the accuracy of sender identification, including From name, Reply-To address, and any references to the sending company within the message.
3.2 List quality.
The Client is responsible for the source of investor and prospect lists used with the Service. Sending to purchased, scraped, or otherwise non-consented lists is a violation of the Terms of Service and may violate CAN-SPAM or analogous laws.
3.3 Honoring unsubscribe requests.
CAN-SPAM requires unsubscribe requests to be honored within 10 business days. The Service's automatic suppression is immediate. Clients are responsible for ensuring that other communications channels they use outside the Service also honor unsubscribes.
3.4 Postal address currency.
The Client's physical postal address is configured at onboarding and must be kept current. Clients are responsible for updating it if the company relocates.
3.5 Commercial vs transactional classification.
CAN-SPAM applies different rules to "commercial" messages (promoting a product or service), "transactional" messages (delivering information about a completed transaction or existing business relationship), and "relationship" messages. Classification affects unsubscribe and header requirements. The Client is responsible for classifying each communication correctly.
3.6 Content accuracy.
The Client is responsible for the accuracy of the content of every message. See Terms of Service Section 9 for the source-data disclaimer and Section 12 for securities-law compliance responsibility.
3.7 Analogous non-US laws.
Clients sending to recipients outside the United States are responsible for compliance with the laws of the recipient's jurisdiction.
4. CLIENT INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless Tier1/AI from any CAN-SPAM claims, penalties, investigations, or losses arising from the Client's use of the Service. See Terms of Service Section 13 for the full indemnification provision.
5. ABUSE RESPONSE
Tier1/AI monitors platform-wide sending behavior to protect deliverability for all Clients and to comply with our own obligations to email infrastructure providers. If a Client's sending behavior generates excessive spam complaints, bounces, or other indicators of list quality problems, we may take the following actions in escalating order.
5.1 Warning.
On the first threshold event, we notify the Client, describe what we observed, and provide guidance on list hygiene and content practices. The Client's sending continues.
5.2 Throttled sends.
If the underlying pattern continues, we may throttle the Client's outbound - reducing send rate or pausing send batches - while the Client cleans up their list and content. The Client retains access to the platform and can continue drafting, planning, and other non-send activity.
5.3 Suspension.
If the pattern persists after throttling, we may suspend outbound entirely. The account remains readable - the Client can log in, review data, and export - but no messages will be sent from the platform until the underlying issues are resolved.
5.4 Termination.
Persistent abuse or violations that qualify under Terms of Service Section 15.2 may result in termination. Termination is handled separately from the escalation ladder in this section.
Excessive complaints, bounces, or other indicators of list quality problems may trigger review at any level of the ladder. We do not publish specific numeric thresholds because reasonable thresholds vary by campaign context, list size, and delivery history.
6. RECIPIENT COMPLAINTS AND UNSUBSCRIBE ISSUES
If you have received unwanted email from a Tier1/AI Client and cannot unsubscribe using the link in the message, or if you believe the Client is not honoring your unsubscribe request, contact:
Include the sender name, the ticker or company name if you know it, and a copy of the message. We will investigate.
We cannot resolve disputes about the underlying content of messages - Clients own their communications - but we can and will investigate technical failures to honor unsubscribe requests.
7. QUESTIONS
For questions about this CAN-SPAM Compliance disclosure, contact:
Mailing address:
INS Digital Intelligence LLC
170 Ontario St
Honeoye Falls, NY 14472
United States