Phonely Acceptable Use Policy

This Acceptable Use Policy (“Policy”) supplements the Phonely Terms of Service (“Terms of Service”) and applies to your access and use of our Services. It also applies to your use within and outside our Website and our Services, whether directly or indirectly, as well as any attempts to engage in such use.

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Phonely is committed to providing first-class customer service and value to users of our Services. In order to provide the best pricing, support, and Services available to all our users, we retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use, is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will provide written notice before taking any such action and allow a reasonable period to modify your usage.

We may periodically update this Policy. We will notify you of any significant changes in advance or as required by law. You can check the “Last Updated” date at the outset of this Policy to see when it was last updated.

Prohibited Uses

Updates to this Policy

1. Do not threaten children’s safety.

If you believe your account has been incorrectly banned, or your material has been incorrectly removed, you can let us know by contacting us here.

This includes accessing or using our Services to:

Complaints Handling

a) Create, distribute or promote sexually explicit material involving minors, or otherwise facilitate or promote the exploitation or sexualization of children, including minor grooming, nudity or use of any material designed to impersonate a minor.

We encourage you to report any suspected abuse and misuse to Phonely here.

b) Facilitate or promote child abuse in any form.

Enforcement of this Policy is at Phonely’s sole discretion, and any failure of Phonely to enforce this Policy in every instance does not constitute a waiver of our right to enforce it in other instances. This Policy does not create any right or private right of action on the part of any third party or any reasonable expectation that our Services will not contain any material that is prohibited by this Policy. Phonely does not monitor or vet the content of calls, messages, or campaigns for compliance. However, if Phonely discovers a violation of this Policy, we may remove the violating material, and/or suspend your access to and use of our Services and charge you any applicable fees for the Services used, plus damages caused by your improper use. For certain material that poses a real-world risk of harm, we reserve the right to contact or cooperate with relevant law enforcement authorities.

c) Facilitate or otherwise contribute to cyberbullying and harassment, including by creating, distributing or sharing material that shames, humiliates, bullies, or celebrates the suffering of any individual, or material that threatens another with bullying or harassment.

Enforcement

2. Do not engage in illegal behavior.

Organizations using our Services to power conversational AI agents must clearly and prominently disclose to their users they are interacting with AI rather than a human.

This includes accessing or using our Services to:

Other requirements

a) Infringe, misappropriate, or otherwise violate another party's intellectual property rights.

q) Framing, mirroring, or otherwise embedding any part of the Services, including trademarks, names, logos, or any portion of the Services, within another website, mobile application, or service without our express prior written consent.

b) Violate another party's privacy rights, as defined under applicable law, including the illegal use of someone’s voice.

• Auto-dialing or predictive dialing.

c) Create or facilitate the exchange of illegal goods, services or substances, including material that promotes or facilitates transactions in illegal drugs, firearms or explosive weapons, weapon development, other dangerous materials, counterfeit goods, human trafficking or sexual services.

• Bulk call-in lines such as customer support or sales call centers not provided by Phonely; and

d)  Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Services.

• Spamming or blasting bulk/junk voicemail, emails, or SMS messages;

e)  Otherwise violate any applicable law.

• Trunking or forwarding your Phonely  number to other numbers capable of handling multiple simultaneous calls or to a private branch exchange (PBX);

3. Do not market or sell regulated drugs, or other controlled goods and services, or provide medical advice.

Certain Services may be offered on an “unlimited” basis. Unlimited Services may only be used for normal business purposes and exclude international calling to countries other than Canada (which incurs additional fees). Prohibited uses of unlimited Services include, but are not limited to:

This includes accessing or using our Services to engage in or facilitate the use, acquisition, or exchange of regulated drugs or other controlled goods and services, including advertising, medical advice, or providing instructions on their production, without our prior written approval in each instance. This includes alcohol, tobacco products, controlled substances, prescription medications, over-the-counter medications, recreational drugs, supplements, herbal remedies, and medical devices.

p) Utilizing our Services in excess of what Phonely, at its sole discretion, considers normal business use, including allowing more than one user to use a single line or using a single line in excess of expected use.

4. Do not engage in fraudulent, predatory, or abusive practices.

o) Making any B2B2B (Business-to-Business-to-Business), B2B2C (Business-to-Business-to-Consumer), or other similar use of our Services or their output available to end users on terms that are less restrictive or more permissive than the terms under which our Services and their output have been made available to you.

This includes accessing or using our Services to:

n) Making any use of our Services or their output in ways that would be classified as “prohibited” or “high-risk” or by a similar description under applicable law, including Applicable AI Laws. “Applicable AI Laws” means applicable legislation or regulations related to artificial intelligence and/or automated decision-making, including the European Union's Artificial Intelligence Act, Regulation (EU) 2024/1689.

a) Manipulate or deceive others in order to gain unauthorized access to non-public information including passwords, credit card details and bank accounts, Social Security numbers, or health data.

m) Using any part of our Services or their output as part of a dataset that may be used for training, fine-tuning, developing, testing, or improving any machine learning or artificial intelligence technology.

b) Defraud others including via financial or other scams.

l) Using any part of our Services or their output as input for any machine learning or training of artificial intelligence models.

c) Evade product guardrails.

k) Using any part of our Services or their output to research and develop products, models, or services that compete with Phonely, or otherwise compete with Phonely.

d) Engage in or facilitate unauthorized robocalling.

j) Developing or using any applications or software that interact with our Services without our authorization (such as through our APIs).

e) Promote or facilitate the generation or distribution of spam.

i)  Decompiling, disassembling or otherwise reverse engineering any aspect of our Services, or doing anything that might discover or reveal source code or model weights, or bypass or circumvent (i) measures employed to prevent or limit access to or use of any part of our Services or (ii) restrictions aimed at deterring or preventing uses of our Services that violate this Policy.

f)  Create a false Caller ID identity or otherwise attempt to mislead others as to the identity of the caller or the origin of any communication made using our Services with the intent to defraud, cause harm, or wrongfully obtain anything of value.

h) Using our Services for monitoring availability, performance, functionality, or any other benchmarking or competitive purposes.

5. Do not engage in unauthorized, deceptive or harmful impersonation.

g) Using our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could intentionally or negligently damage, disable, overburden, or impair the functioning of our Services in any manner.

This includes using Phonely audio output to intentionally replicate the voice of another person:

f) Using or attempting to use another user’s account or information without authorization from that user (or their organization for enterprise accounts) and Phonely.

a) Without consent or legal right;

e)  Modifying our Services, removing any proprietary rights notices or markings associated with output or our Services, or otherwise making any derivative works based upon our Services.

b) In a way that harasses or causes material harm to that person; or

d) Using our Services, or permitting them to be used, for purposes of product benchmarking or other comparative analysis intended for publication without Phonely’s prior written consent.

c) In a manner intended to deceive others about whether the voice was generated by artificial intelligence, including robocalls.

c) Using our Services to develop or enhance any software, software code, or derivative works of any software without Phonely’s prior written consent.

b) Selling, reselling, renting, leasing, loaning, assigning, licensing, or sub-licensing our Services.

6. Do not engage in voter suppression, candidate impersonation, or political campaigning in the context of elections:  

a) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or other harmful programs.

This includes accessing or using our Services to:

This includes:

a) Incite, engage in or facilitate voter suppression or other disruption of electoral or civic processes, including by creating, distributing, or facilitating the spread of misleading information.

9. Do not use our Services in any manner contrary to Phonely’s policies, purpose or mission.

b) Impersonate political candidates or elected government officials regardless of whether authorization was obtained.

g) Engage in or facilitate any other criminal activity.

c) Engage in political campaigning, including promoting or advocating for a particular candidate, issue, or position, or soliciting votes or financial contributions.

f) Create, promote, or facilitate the spread of medical misinformation, including denying the existence of specific health conditions.

7. Do not engage in unauthorized network access or surveillance.

e) Promote or facilitate self-harm, including suicide or eating disorders.

This includes accessing or using our Services to:

d) Promote or facilitate harassment, including material that promotes harassing, threatening, intimidating, predatory, or stalking conduct.

a) Attempt to obtain unauthorized access to computer systems and networks, or facilitate the disruption of critical infrastructure.

c) Create, distribute, promote, or facilitate hate speech, including material that targets individuals or groups with hate, harassment, discrimination, or violence based on protected characteristics, including race, national or ethnic origin, religion, age, sex, gender, sexual orientation, or physical ability.

b) Facilitate spyware, communications surveillance, or other unauthorized monitoring of individuals.

b) Engage in, promote, or facilitate human trafficking, sexual violence, or other exploitation.

8. Do not create violent, hateful, or harassing material.

a) Create, distribute or engage in violent threats, extremism, or terrorism, including material that threatens, incites, or promotes violence against an individual or group.

This includes accessing or using our Services to: