Acceptable Use Policy

Dial Amp is a business communications platform designed to help businesses and professionals efficiently communicate with customers, prospective customers, leads, and other individuals whom they are legally permitted to contact.

Dial Amp is intended to facilitate legitimate, lawful, human-to-human business communications.

Dial Amp is not intended to facilitate indiscriminate mass calling, unlawful robocalling, harassment, spam, fraud, or attempts to circumvent telecommunications laws, carrier protections, or consumer communication preferences.

You are responsible for determining whether you are legally permitted to contact each person using the Services.

You may use Dial Amp only for lawful purposes and in accordance with:

(a) the Dial Amp Terms of Service;

(b) this AUP;

(c) applicable laws and regulations;

(d) applicable telecommunications and carrier requirements;

(e) applicable third-party service-provider requirements; and

(f) reasonable instructions provided by Dial Amp concerning the safe and lawful use of the Services.

You are responsible for the activities of all users operating under your account.

You may not use Dial Amp to initiate or facilitate communications that are:

(a) illegal;

(b) fraudulent or deceptive;

(c) threatening or harassing;

(d) abusive;

(e) defamatory;

(f) unlawfully discriminatory;

(g) intended to facilitate a scam;

(h) intended to impersonate another person or organization without authorization;

(i) unwanted in circumstances where applicable law prohibits the communication;

(j) made after the recipient has exercised a legally valid right not to receive further communications from you; or

(k) otherwise reasonably likely to expose Dial Amp, its telecommunications providers, carriers, customers, or other third parties to material legal, regulatory, financial, security, or reputational risk.

You may not use Dial Amp in violation of applicable telemarketing or telephone-solicitation laws.

Depending upon the jurisdiction and circumstances, these may include requirements under: the U.S. Telephone Consumer Protection Act ("TCPA"); the U.S. Telemarketing Sales Rule ("TSR"); rules of the U.S. Federal Communications Commission ("FCC"); rules of the U.S. Federal Trade Commission ("FTC"); applicable U.S. state telemarketing and telephone-solicitation laws; Canada's Telecommunications Act; Canadian Radio-television and Telecommunications Commission ("CRTC") rules; Canada's National Do Not Call List ("National DNCL"); Canada's Anti-Spam Legislation ("CASL"), where applicable; and equivalent laws and regulations in other jurisdictions.

You are responsible for determining which laws apply to your communications.

You may not knowingly use Dial Amp to place a telemarketing or solicitation call to a person where that call is prohibited by an applicable do-not-call requirement.

Where required by law, you must:

(a) register with applicable do-not-call programs;

(b) obtain any required subscriptions or registration numbers;

(c) properly suppress telephone numbers appearing on applicable do-not-call registries;

(d) maintain an internal do-not-call list;

(e) maintain any legally required written do-not-call policy;

(f) honour consumer opt-out requests within the legally required timeframe; and

(g) maintain legally required records demonstrating compliance.

Dial Amp may provide tools that assist with suppression or compliance, but the availability of such tools does not transfer responsibility for compliance to Dial Amp.

Where applicable law requires consent before contacting a person, you must obtain the legally required form of consent before using Dial Amp to contact that person.

You are responsible for maintaining evidence of consent where required by law.

Upon request, you must provide Dial Amp with reasonable evidence demonstrating that you have lawful authority to contact particular recipients or categories of recipients.

The fact that a telephone number exists within your CRM, contact list, Dial Amp account, or other database does not establish that you have permission to call that number.

You may not use Dial Amp's prerecorded voicemail, voicemail-drop, prerecorded audio, artificial-voice, synthesized-voice, or similar functionality unless your use is permitted by applicable law.

Where consent is legally required, you must obtain the required consent before using such functionality.

You may not use prerecorded functionality to conduct indiscriminate mass communications or otherwise circumvent restrictions applicable to automated communications.

The availability of a prerecorded-message feature within Dial Amp does not constitute a determination that your use of the feature is lawful.

Dial Amp is designed primarily to improve the productivity of legitimate business calling while maintaining meaningful human involvement in communications.

You may not use Dial Amp to conduct unlawful robocalling.

You may not use the Services to automatically initiate and deliver prerecorded or artificial-voice communications to recipients without meaningful human involvement where such activity is prohibited by applicable law or by Dial Amp.

You may not attempt to circumvent restrictions on automated calling by using APIs, integrations, scripts, bots, browser automation, or other technologies in conjunction with Dial Amp.

You may not use Dial Amp in a manner that generates excessive, unreasonable, repetitive, or abusive calling activity.

Prohibited activity includes:

(a) repeatedly calling the same recipient in a manner reasonably likely to constitute harassment;

(b) repeatedly calling recipients who have requested not to be called;

(c) intentionally generating extremely short-duration calls without a legitimate communications purpose;

(d) generating large volumes of calls without a reasonable intent to establish legitimate business communications;

(e) intentionally causing abandoned, silent, or nuisance calls;

(f) using automated methods to artificially maximize call attempts without regard to whether legitimate conversations can reasonably occur;

(g) repeatedly cycling through numbers or campaigns in an attempt to circumvent carrier protections or Dial Amp restrictions; or

(h) other usage patterns that Dial Amp reasonably determines are abusive, excessive, fraudulent, or harmful to telecommunications networks.

Dial Amp may establish reasonable thresholds relating to call volume, call duration, answer rates, complaint rates, abandonment rates, or other indicators of potentially abusive activity.

You may not use Dial Amp to transmit false, misleading, deceptive, or unauthorized caller identification information.

You may not:

(a) impersonate a government agency;

(b) impersonate another company or individual without authorization;

(c) use caller identification information with the intent to defraud, deceive, or cause harm;

(d) use a telephone number you are not authorized to use;

(e) manipulate caller identification to conceal unlawful activity; or

(f) otherwise violate caller-ID laws or carrier requirements.

Dial Amp may allow customers to obtain or use telephone numbers associated with particular geographic areas.

You may not use local-presence functionality or local telephone numbers in a false, deceptive, fraudulent, or misleading manner.

You must comply with any geographic-presence, business-registration, address-verification, identity-verification, or other requirements imposed by applicable law, Dial Amp, telecommunications carriers, or underlying service providers.

You may not provide false addresses, business information, identification, or other information for the purpose of obtaining telephone numbers.

Dial Amp may require documentation establishing your identity, business, address, geographic connection, or lawful purpose before providing or continuing to provide particular telephone numbers.

You may not use Dial Amp telephone numbers in a manner intended to manipulate or circumvent carrier spam-detection, fraud-detection, blocking, reputation, or consumer-protection systems.

Without limiting the foregoing, you may not intentionally:

(a) rapidly rotate through telephone numbers to evade spam labels;

(b) replace numbers solely because prior numbers accumulated complaints resulting from your calling practices;

(c) use large pools of telephone numbers to conceal the identity or source of your calling activity;

(d) discard and replace telephone numbers as a means of avoiding regulatory, carrier, or consumer protections; or

(e) otherwise engage in number-cycling behaviour Dial Amp reasonably determines is intended to evade legitimate network protections.

Dial Amp may limit the number of telephone numbers associated with an account or require additional verification before issuing additional numbers.

You may not record, monitor, transcribe, analyze, or otherwise process telephone calls through Dial Amp without obtaining all consents and providing all disclosures required by applicable law.

You are responsible for determining whether the applicable jurisdiction requires consent from one participant, all participants, or any other form of notification or consent.

You are also responsible for the lawful storage, retention, access, use, and deletion of recordings and transcripts.

You must obtain leads and contact information lawfully.

You may not use Dial Amp with telephone numbers or other personal information that you know were obtained through:

(a) unlawful harvesting;

(b) unauthorized scraping;

(c) theft;

(d) fraud;

(e) unauthorized access to another person's systems;

(f) deceptive collection practices; or

(g) another source that would make your use of the information unlawful.

Dial Amp may request information concerning your lead sources where reasonably necessary to investigate complaints, unusual calling patterns, suspected abuse, or regulatory or carrier inquiries.

Dial Amp has zero tolerance for the use of the Services to facilitate fraud.

You may not use Dial Amp in connection with:

(a) fraudulent financial schemes;

(b) phishing;

(c) identity theft;

(d) deceptive impersonation;

(e) fraudulent technical-support services;

(f) fraudulent government, banking, tax, insurance, investment, or legal communications;

(g) attempts to obtain passwords, verification codes, financial credentials, or other sensitive information through deception; or

(h) other fraudulent or deceptive schemes.

Dial Amp may immediately suspend accounts reasonably suspected of engaging in fraudulent activity.

You may not use Dial Amp to threaten, intimidate, stalk, harass, or abuse another person.

You may not repeatedly contact a person where the circumstances reasonably indicate that further communications are unwanted or abusive.

You may access CRM records or other third-party data through Dial Amp only where you have authorization to access that information.

You may not use Dial Amp integrations to:

(a) gain unauthorized access to another person's CRM or systems;

(b) extract information you are not authorized to access;

(c) circumvent CRM security or permissions;

(d) intentionally damage, delete, alter, or corrupt another person's data; or

(e) violate the terms or acceptable-use requirements of the applicable third-party service.

Dial Amp relies upon third-party telecommunications carriers, communications providers, cloud providers, CRM providers, and other technology providers.

You may not use Dial Amp in a manner that violates the acceptable-use policies, messaging policies, telecommunications requirements, or other applicable restrictions of Dial Amp's underlying service providers.

Dial Amp may impose additional restrictions where reasonably necessary to comply with requirements imposed by its telecommunications providers, carriers, regulators, or other service providers.

Such restrictions may be more stringent than the minimum requirements imposed by applicable law.

You may not:

(a) attempt to gain unauthorized access to Dial Amp or another user's account;

(b) probe, scan, or test vulnerabilities without authorization;

(c) circumvent security controls;

(d) introduce malware, viruses, ransomware, malicious code, or other harmful software;

(e) interfere with the availability or performance of the Services;

(f) conduct denial-of-service attacks;

(g) misuse APIs;

(h) bypass usage or account restrictions;

(i) access Dial Amp through unauthorized automated means;

(j) attempt to discover source code or confidential technical information except where expressly permitted by law; or

(k) use the Services in a manner that materially interferes with another customer's use of Dial Amp.

You may not resell, sublicense, transfer, rent, or commercially provide access to Dial Amp without our prior written authorization.

You may not share accounts or credentials for the purpose of circumventing user, seat, billing, usage, or other restrictions.

You are responsible for all activity occurring under your account.

You may not use Dial Amp to transmit content that:

(a) is unlawful;

(b) infringes intellectual-property rights;

(c) is defamatory;

(d) contains malicious software;

(e) unlawfully violates another person's privacy;

(f) facilitates criminal activity; or

(g) otherwise violates applicable law.

You are responsible for maintaining records required by applicable law in connection with your use of Dial Amp.

Depending upon your activities and jurisdiction, such records may include: evidence of consent; do-not-call policies; internal suppression lists; calling records; campaign records; scripts; opt-out requests; lead-source information; business-verification records; and other records required by telecommunications, privacy, consumer-protection, or marketing laws.

Dial Amp is not your regulatory record keeper unless expressly agreed otherwise in writing.

If Dial Amp receives or becomes aware of consumer complaints; carrier complaints; spam or scam reports; traceback requests; regulatory inquiries; law-enforcement requests; unusual call patterns; abnormal complaint rates; number blocking; spam labelling; or other indications of potentially improper activity, Dial Amp may investigate your use of the Services.

You agree to reasonably cooperate with such investigations.

As part of a compliance or abuse investigation, Dial Amp may require you to provide information including:

(a) your identity and business information;

(b) your business address;

(c) your website;

(d) your intended use of Dial Amp;

(e) descriptions of calling campaigns;

(f) lead sources;

(g) evidence of consent;

(h) do-not-call policies;

(i) suppression procedures;

(j) calling scripts;

(k) voicemail recordings;

(l) call recordings;

(m) records demonstrating compliance;

(n) information concerning complaints;

(o) information concerning regulatory investigations or litigation relevant to your use of Dial Amp; and

(p) other information reasonably necessary to evaluate your use of the Services.

Failure to provide reasonably requested information may result in restriction, suspension, or termination.

To the extent permitted by applicable law and consistent with Dial Amp's Privacy Policy, Dial Amp may monitor information concerning use of the Services for purposes including: detecting fraud; investigating abuse; enforcing this AUP; maintaining telecommunications network integrity; responding to complaints; responding to carrier inquiries; complying with legal obligations; and protecting Dial Amp and its customers.

This may include reviewing call metadata, call patterns, telephone-number usage, account activity, complaint information, voicemail content, recordings, transcripts, or other information where reasonably necessary and legally permitted.

Dial Amp does not undertake a general obligation to monitor every communication and does not assume responsibility for determining whether your communications comply with applicable law.

Dial Amp may consider information received from telecommunications carriers, analytics providers, regulators, traceback organizations, fraud-prevention services, consumer complaints, CRM providers, and other reliable third parties when investigating potential violations.

If Dial Amp determines or reasonably suspects that your use of the Services violates this AUP, the Terms, applicable law, carrier requirements, or service-provider requirements, Dial Amp may take actions including:

(a) issuing a warning;

(b) requiring corrective action;

(c) requiring additional verification;

(d) requiring evidence of consent;

(e) limiting call volume;

(f) restricting particular features;

(g) restricting or removing telephone numbers;

(h) temporarily suspending calling;

(i) suspending individual users;

(j) suspending your account;

(k) terminating your account; or

(l) taking other reasonable measures necessary to protect Dial Amp, telecommunications networks, service providers, consumers, or third parties.

Serious suspected fraud, illegal activity, network abuse, or material telecommunications risk may result in immediate suspension without prior notice.

Dial Amp may take immediate action where requested or required by a telecommunications carrier, underlying communications provider, regulator, court, law-enforcement agency, or other competent authority.

Dial Amp is not required to restore functionality where an underlying provider refuses to provide the applicable service.

To the extent permitted by the Terms and applicable law, you may be responsible for costs, charges, penalties, surcharges, investigation costs, or other amounts imposed upon Dial Amp by telecommunications providers or other third parties as a direct result of your violation of this AUP or applicable law.

Dial Amp's failure to enforce this AUP in any particular instance does not waive its right to enforce the same or another provision in the future.

Dial Amp may update this AUP from time to time.

Changes will become effective as described in the Dial Amp Terms of Service.

Your continued use of the Services following the effective date of an updated AUP constitutes acceptance to the extent permitted by applicable law.