Política de Utilização Aceitável

Introduction

The purpose of this Syndeo, LLC d/b/a Broadvoice (“Broadvoice”) Acceptable Use Policy (“AUP”) is to promote the lawful, secure, and appropriate use of Broadvoice’s services, including the GoContact Call-Center Solution (collectively, the “Services”), and to prohibit unacceptable use of the Services.

All Broadvoice subscribers (“Subscribers”) and their end-users—including, but not limited to, Subscribers’ customers, subscribers, visitors, or other users using the Services (collectively, “Users”) must comply with this AUP. By accessing or using the Services, Subscribers and Users acknowledge and agree to comply with this AUP.

Broadvoice Subscriber Responsibilities

Subscribers acknowledge they are responsible for their own and their end-users’ compliance with this AUP; must inform their end-users of applicable obligations pursuant to this AUP; and must not permit their end-users to take any actions contrary to this AUP.

Subscribers remain responsible for all usage of the Services under their account, whether authorized or unauthorized, fraudulent or otherwise. If a Subscriber becomes aware of any use of the Services that violates this AUP, the Subscriber must immediately stop such use, to the extent reasonably possible, and promptly notify Broadvoice.

Broadvoice may implement fraud detection or security measures from time to time; however, Subscriber remains solely responsible for monitoring and preventing unauthorized or fraudulent use of its account and the Services. Subscriber assumes all risks, costs, expenses, and liabilities arising from or relating to unauthorized or fraudulent use of the Services by Subscriber or its end-users, except to the extent caused by Broadvoice’s gross negligence or willful misconduct or as otherwise required by applicable law.

Subscriber Account Security. Subscribers must implement and maintain commercially reasonable security measures to protect their accounts, systems, and credentials, including safeguarding login credentials, promptly reporting any known or suspected unauthorized access or use to Broadvoice, and enabling multi-factor authentication where available.

Broadvoice Obligations with Respect to Subscriber’s Fraudulent Usage. Broadvoice’s only obligation to Subscribers with respect to any actual, alleged, or suspected fraudulent use of the Services is to reasonably cooperate upon a Subscriber’s request, and at no cost to Broadvoice, to assist Subscriber’s efforts to stop any fraudulent use of the Services.

Nothing in this AUP obligates Broadvoice to monitor Subscriber activity, detect fraud, or prevent unauthorized use of the Services.

Responsibilities of Users of the Services

By using Broadvoice’s Services, Users acknowledge and agree that:

• Users must be at least eighteen (18) years of age, or have permission from a parent or guardian to use the Services;
• Users must comply with the policies of Broadvoice, as set forth herein or by reference;
• Broadvoice may cooperate with law enforcement, regulatory authorities, courts, and/or third parties in the investigation of any suspected or alleged crime or civil wrong;
• Violating any terms listed in this AUP may result in suspension or termination of a User’s account or access, or the Subscriber’s account or access if a Subscriber’s end-user is using the Subscriber’s account, with or without prior notice, where permitted by applicable law;
• All information and communications, whether publicly or privately transmitted, are the sole responsibility of the originator, not Broadvoice, which does not control the content and cannot guarantee the accuracy, integrity, or quality of such content;
• Broadvoice, as a facilitator of communications, has no visibility into or control over User content and, to the fullest extent permitted by applicable law, will not be liable in any way for any content, including, but not limited to, any errors or omissions in or loss or damage of any kind incurred as a result of use of such content;
• Broadvoice may use programmatic means to filter or review communications and restrict access to or revoke a User’s account or access if Broadvoice determines, in its reasonable discretion, the User may have violated an applicable rule or Applicable Laws, as defined herein;
• Broadvoice reserves the right to refuse, suspend, restrict, or terminate the Services as permitted by applicable law and the applicable agreement; and
• Users are solely responsible for obtaining all notices, disclosures, permissions, and consents required by Applicable Laws before accessing or using the Services.

By using Broadvoice’s Services, Users further represent, warrant, and agree that they will not use the Services for any purpose other than the User’s internal business purposes, nor will the User use the Services in violation of:

• Applicable Laws, as defined herein, including laws relating to the recording or monitoring of telephone calls, telemarketing, privacy, data protection, consumer protection, and electronic communications;
• Applicable industry standards and guidance;
• Applicable third-party policies, including, without limitation, guidelines published by the CTIA, Mobile Marketing Association, wireless carriers, or similar organizations;
• This AUP; or
• The applicable Subscriber Master Service Agreement.

Prohibited Activities

Broadvoice Services may not be used in any form or by any means to engage in or encourage any activity that is:

• Illegal, deceptive, harmful, abusive, or otherwise unacceptable or inappropriate in nature;
• Harmful to Broadvoice’s business operations or reputation; or
• Otherwise violative of others’ rights (collectively, the “Prohibited Activities”).

Users agree not to engage in any Prohibited Activities, including, without limitation:

Illegal Use/Violation of Applicable Laws

Users agree not to use the Services in a manner that violates any applicable local, state, federal, or international laws or regulations or industry standards or guidance (collectively, “Applicable Laws”).

Applicable Laws include, without limitation: the Telephone Consumer Protection Act of 1991 and its implementing FCC regulations (47 U.S.C. § 227; 47 C.F.R. § 64.1200); the CAN-SPAM Act of 2003; the Truth in Caller ID Act; the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, and its implementing regulations (collectively, the “CCPA”); the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.); California’s bot- and AI-voice-disclosure statutes (Cal. Bus. & Prof. Code § 17941 and Cal. Pub. Util. Code § 2890.5); the California AI Transparency Act, as amended; and California’s companion-chatbot law (Cal. Bus. & Prof. Code § 22601 et seq.), in each case as amended or superseded from time to time, and including any successor laws, regulations, amendments, or implementing regulations.

This includes, without limitation, laws, rules, regulations, and guidance relating to telemarketing, automatic telephone dialing systems, artificial or prerecorded voices, ringless voicemail, robocalling, robotexting, call recording and monitoring, caller identification, email and text-message marketing, Do-Not-Call obligations, privacy, data protection, consumer protection, and unfair or deceptive acts or practices, including the Telephone Consumer Protection Act (“TCPA”), FCC and FTC rules and guidance, the CAN-SPAM Act, the Truth in Caller ID Act, and applicable state privacy and all-party consent laws.

This also includes, without limitation, violating Applicable Laws requiring:

1. Consent to transmit, record, collect, intercept, process, use, disclose, or monitor data, personal information, or communications;
2. Required notices, disclosures, opt-ins, or authorization records; or
3. Compliance with opt-out, unsubscribe, revocation-of-consent, consumer-rights, or Do-Not-Call requests.

Where any party to a communication is located in a jurisdiction requiring the consent of all parties to record or monitor a communication, including, without limitation, California, Users are solely responsible for obtaining the consent of all parties before recording or monitoring.

Users further agree to familiarize themselves with and abide by all Applicable Laws, including regulations and guidance promulgated by the Federal Trade Commission and/or Federal Communications Commission.

Finally, Users acknowledge sole responsibility for all acts or omissions related to use of the Services, including, without limitation, initiation or making of transmissions or creation of and specific content of transmissions. Users are solely responsible for obtaining all notices, disclosures, and consents required by Applicable Laws before collecting, recording, monitoring, transmitting, or processing any communications or personal information through the Services.

Where a User uses the Services to deploy automated decision-making technology that makes a “significant decision” concerning a California consumer, the User is solely responsible for complying with the notice, opt-out, access, and risk-assessment requirements under the CCPA regulations effective January 1, 2026, including any phased compliance deadlines under those regulations.

Harm to Others

Users agree not to use the Services to harm others, including, but not limited to, minors.

Threats, Harassment, & Abusive Content

Users agree not to use the Services for transmitting content—whether commercial or otherwise, including calls violating Applicable Laws—that is either actually or potentially abusive; profane; libelous; slanderous; defamatory; threatening; harmful; illegal; harassing; racist; hateful; sexually explicit; pornographic; indecent; obscene; objectionable, in Broadvoice’s sole discretion; or otherwise harassing or unwanted.

Users further agree to not engage in activities or transmit content that stalks, harasses, or harms third parties.

Fraudulent Activity

Users agree not to use the Services to make or participate in fraudulent activity, including, but not limited to:

• Financial scams;
• Spamming, unsolicited advertising, unsolicited marketing, or other similar unsolicited commercial communications or activities, including, but not limited to, those that violate applicable anti-spam, telemarketing, robotexting, or consumer-protection laws;
• Attempting to bypass caller identification systems or transmit misleading or inaccurate caller-identification information in violation of Applicable Laws;
• Including, transmitting, or downloading any file, software, data, or communications via or to the Services the User knows or has reason to believe cannot be legally distributed over the Services; or
• Misrepresenting or otherwise attempting to mislead others regarding the identity of a person, data, or communications, including, but not limited to:
  1. Impersonating another person;
  2. Creating a false identity;
  3. Impersonating or purporting to originate communications on behalf of Broadvoice;
  4. Misrepresenting an affiliation with or otherwise misleading others regarding an affiliation with a person or entity, including Broadvoice; or
  5. Misrepresenting the identity of the sender or origin of any data or communications, including through spoofing, voice cloning, deepfake impersonation, synthetic media, or synthetic identities.
• Phishing;
• Business email compromise;
• Identity theft;
• Spoofing;
• Voice cloning, deepfake impersonation, or other deceptive use of AI-generated voices or synthetic media; or
• SIM swap fraud; credential harvesting; credential stuffing; account takeover; account enumeration; botnet activity; one-time-passcode (OTP) interception; cryptocurrency scams; money mule schemes; social engineering; or other emerging fraud schemes.

Intellectual Property & Privacy Infringement

Users agree not to use the Services to violate or infringe, or to transmit any material that violates or infringes, any intellectual property, copyright, trademark, patent, trade secret, privacy, trade dress, rights of publicity, database rights, or other proprietary rights of any third party.

Collection and Use of Personal Data

Users agree not to collect, intercept, record, monitor, disclose, transmit, process, sell, share, retain, or otherwise use another person’s personal information, including any sensitive personal information, except as permitted by Applicable Laws and with all legally required notices and consents.

Users are solely responsible for providing all privacy notices and honoring all consumer rights requests, including requests to know, access, delete, correct, opt out of the sale or sharing of personal information, limit the use or disclosure of sensitive personal information, or withdraw consent, required by Applicable Laws in connection with their use of the Services.

Reselling the Services

Reselling the Services without Broadvoice’s prior express, written authorization.

Reverse Engineering

Users agree not to reverse engineer, copy, disassemble, or decompile the Services.

Artificial Intelligence and Synthetic Communications

Users agree not to use the Services to generate, transmit, or facilitate any unlawful, deceptive, or fraudulent use of artificial intelligence-generated voices, deepfakes, synthetic media, cloned voices, or synthetic identities.

Interference with the Services

Users agree to not interfere with or otherwise negatively impact any aspect of the Services or any third-party networks linked to the Services, including, but not limited to:

• Via a denial of service (“DoS”) attack;
• Conduct that attempts to disrupt, disable, or overload the Services;
• Attempting to bypass, exploit, defeat, or disable Service limitation or restrictions;
• Seeking out or finding security vulnerabilities to exploit the Services;
• Attempting to bypass security mechanisms or filtering capabilities;
• Attempting to gain unauthorized access to the Services;
• Transmitting or attempting to transmit code, files, scripts, agents, or programs intended to do harm, including, but not limited to, viruses, malware, Trojan horses, worms, time bombs, or spyware to impact either the Services or any third-party or third-party service, software, or hardware via the Services;
• Using automated or electronic means, for example any robot, spider, or other automatic device, or manual process to monitor, copy, scrape, harvest, or use content or data, including for the training of artificial intelligence or machine-learning models, without Broadvoice’s prior written consent;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, to gain access to or use the Services;
• Conducting unauthorized penetration testing, vulnerability scanning, or automated security probing of the Services; abusing, overloading, or circumventing any application programming interface (API); or scraping, harvesting, or using Broadvoice content or data to train artificial intelligence or machine-learning models without Broadvoice’s prior written consent; or
• Making excessive API requests or other automated requests that impair, or are intended to impair, the availability, performance, or integrity of the Services.

Unauthorized Commercial Activities

Users agree not to engage in unauthorized commercial activities, sales, or use of the Services without Broadvoice’s prior written consent, including, but not limited to:

• Advertising or solicitations;
• Contests, sweepstakes, or barters;
• Pyramid schemes;
• Unsolicited marketing, commercial communications, or other activities, regardless of form;
• Transmitting information, communications, or data obtained through Internet harvesting methods or other unlawful electronic collection of addresses or other public or private source;
• Activities in any manner that violate Mobile Marketing Association guidelines or best practices, carrier guidelines, or any other industry standards and guidelines;
• Creating or using synthetic identities;
• Impersonation technologies or voice cloning;
• Creating, distributing, or using deceptive deepfakes or other synthetic media;
• Using any artificial or prerecorded voice, chatbot, or other artificial intelligence or automated system to communicate with any person without providing any disclosure required by Applicable Laws that the person is not communicating with a human;
• Automated robocalling or other automated communications in violation of Applicable Laws; or
• Illegal robocalls; illegal caller-identification spoofing; violations of carrier policies or requirements; application-to-person (A2P) messaging violations, including A2P 10DLC registration and content requirements; and other prohibited telecommunications activities.

Any other activities that violate anti-spam laws and regulations, including, but not limited to:

• The CAN-SPAM Act of 2003;
• The Telephone Consumer Protection Act (TCPA);
• The Truth in Caller ID Act;
• The TCPA Rules, as defined below;
• The Do-Not-Call Implementation Act; or
• Any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction.

Unreasonable or Disproportionately Large Load

Users agree not to take any action that imposes an unreasonable or disproportionately large load on the Services or Broadvoice hardware or software infrastructure.

Although Broadvoice has no obligation to do so, Broadvoice may use commercially reasonable efforts to notify a Subscriber if it becomes aware of unusual Service usage volumes or patterns.

Caller Authentication and Carrier Compliance

Users must comply with all applicable caller-authentication and carrier requirements, including the STIR/SHAKEN caller-authentication framework, the FCC’s Robocall Mitigation Program, application-to-person (A2P) 10DLC registration and messaging requirements, and all applicable carrier messaging and traffic requirements.

Telephone Consumer Protection Act

Users, by using the Services, acknowledge that the Telephone Consumer Protection Act of 1991, its implementing regulations, and any amendments thereto (collectively, the “TCPA Rules”), impose requirements and restrictions on certain telemarketing calls, text messages, and other communications, including requirements relating to consent, opt-out rights, and the use of automated or prerecorded communications.

Users understand and agree that they are solely responsible for obtaining and maintaining all notices, disclosures, consents, opt-ins, approvals, authorizations, and records required by the TCPA Rules and all other Applicable Laws before initiating any communications through the Services.

Without limiting the foregoing, Users represent and warrant that they have obtained and will maintain all legally required consents and authorizations before initiating communications through the Services.

Users further agree to include clear opt-out or unsubscribe instructions whenever required by Applicable Laws or the TCPA Rules, comply with all applicable industry standards and carrier requirements, honor any revocation of consent made through any reasonable means and within the timeframe required by Applicable Laws or the TCPA Rules, and promptly honor all “Do-Not-Call” (“DNC”) requests by maintaining and complying with their own internal DNC list.

Any information provided by Broadvoice regarding the TCPA Rules, Applicable Laws, or regulatory requirements is provided solely as a courtesy, does not constitute legal advice, and does not relieve Users of their independent obligation to understand and comply with all Applicable Laws. Nothing in this AUP authorizes Users to use the Services in any manner that violates the TCPA Rules or any other Applicable Laws.

Because the TCPA Rules and related regulatory requirements continue to evolve, Users are solely responsible for understanding and complying with the TCPA and all Applicable Laws as in effect from time to time, and should confirm the current status of applicable requirements with qualified counsel.

Users acknowledge that calls placed using an AI-generated or synthetic voice may be treated as calls using an “artificial” voice for purposes of the TCPA and may require the same prior express consent as prerecorded-voice calls.

Answer to Seizure Ratio (ASR)

For each monthly billing cycle, if a Subscriber’s outbound call attempts, including calls with a duration of less than six (6) seconds, exceed its completed outbound calls by a ratio of three-to-one (3:1) or greater, Broadvoice may assess an additional charge of $0.003 for each outbound call attempt made during that billing cycle, regardless of whether the call is completed.

The ASR is calculated at the end of each monthly billing cycle based on the Subscriber’s outbound call activity during the applicable billing period.

Export Controls and Sanctions

Users agree not to use the Services in violation of any U.S. export control laws or economic sanctions administered by the Office of Foreign Assets Control (OFAC) or other applicable authorities, including any use by or for the benefit of any sanctioned or restricted person, entity, or jurisdiction.

Broadvoice Enforcement Rights

Broadvoice expressly reserves the right, in its sole discretion and to the extent permitted by applicable law, to investigate, suspend, block, reject, filter, or terminate any traffic, communications, or accounts that Broadvoice believes violate this AUP, Applicable Laws, or carrier requirements, with or without prior notice, including where necessary to protect Broadvoice, its customers, its network, telecommunications providers, or third parties.

Records Preservation

Broadvoice reserves the right to preserve and retain logs, metadata, call detail records, recordings, and account information for legal, regulatory, litigation, dispute resolution, internal investigations, fraud-prevention, security, and operational purposes, subject to applicable law.

Revisions to This AUP

Broadvoice reserves the right to revise, amend, or modify this AUP from time to time. Any revisions, amendments, or modifications will become effective upon posting or as otherwise provided in the applicable Master Service Agreement.

Continued use of the Services after such revisions become effective constitutes acceptance of the revised AUP, to the extent permitted by applicable law.

No Compliance Certification

Broadvoice provides communications services and related technology but does not certify, warrant, or represent that a Subscriber’s or User’s use of the Services complies with Applicable Laws.

Subscribers and Users remain solely responsible for determining and complying with all legal and regulatory requirements applicable to their use of the Services.