Acceptable Use Policy

Effective date: [EFFECTIVE DATE] · Last updated: [DATE]

This Acceptable Use Policy ("AUP") governs how you may use the NexCall Service, especially its ability to place, receive, and record phone calls using an AI voice. By using the Service you agree to this AUP.

1. Telephone consumer protection (TCPA & telemarketing)

You must comply with the Telephone Consumer Protection Act (TCPA), FCC rules, the FTC Telemarketing Sales Rule, and equivalent state laws. In particular, you will:

• Obtain the legally required prior express consent (and, for telemarketing, prior express written consent) before placing autodialed, prerecorded, or AI-voice calls or texts to any number, especially mobile numbers. The FCC has confirmed that AI-generated voices are "artificial" voices regulated under the TCPA.
• Honor the National and any state Do-Not-Call registries and maintain your own internal do-not-call / opt-out list.
• Immediately stop calling any person who asks not to be called, and process opt-outs promptly.
• Only call during permitted hours and identify yourself and your business on the call.
• Not use the Service for unsolicited bulk calling, spam, or "robocall" campaigns without lawful consent.

2. Call recording & consent

• Recording is available and, where enabled, calls may be recorded and transcribed. You are responsible for compliance with all one-party and two-party / all-party consent recording laws that apply to you and the other party (these vary by state and country).
• You must keep the Service's recording and AI-assistant disclosures enabled where consent is required, and must not disable, alter, or suppress them to avoid disclosure.
• You are responsible for how you store, share, and delete recordings and transcripts you export.

3. AI & automated-communication disclosure

You must not use the Service to deceive people about whether they are talking to a machine where disclosure is required by law (e.g., bot-disclosure and AI-transparency laws). Do not represent the AI as a licensed professional (lawyer, doctor, financial advisor, etc.) or use it to give regulated advice.

4. Prohibited content & conduct

You will not use the Service to:

• Violate any law or third-party right, or facilitate fraud, scams, phishing, or impersonation of a person, business, or government agency.
• Harass, threaten, defame, or harm any person, or collect data on people without a lawful basis.
• Handle, over automated calls, highly sensitive data in violation of law (e.g., regulated health information under HIPAA, or full payment card data), unless you have a lawful, compliant arrangement in place.
• Send or solicit spam, malware, or unlawful, obscene, or hateful content.
• Interfere with, overload, reverse engineer, or attempt to gain unauthorized access to the Service or its infrastructure.
• Resell or provide the Service to third parties except as expressly permitted.

5. Fair use & limits

Usage is subject to your plan's minute and rate limits. We may throttle or block traffic that is abusive, fraudulent, or that threatens the stability, security, or reputation of the Service, our carriers, or other customers.

6. Enforcement

Violations may result in warning, throttling, suspension, or immediate termination without refund, and we may report unlawful activity to authorities and carriers. You will indemnify NexCall for claims arising from your violation of this AUP, as set out in the Terms.

7. Reporting abuse

To report misuse of the Service, email [email protected].