ACCEPTABLE USE POLICY

Introduction

This Acceptable Use Policy (the “Policy”) governs your use of the websites, applications, products, and services made available by LinkedPhone LLC. (“LinkedPhone,” “we,” “us,” or “our”), including without limitation our products, websites, software applications, mobile applications, application programming interfaces, and the cloud-based communications services we provide, including voice calling, SMS and MMS messaging, voicemail, auto attendant, call routing, AI-assisted features, collaboration features, and related functionality (collectively, the “Service”). This Policy is incorporated into and forms a part of the LinkedPhone Terms of Service ("Terms").

By accessing or using the Service, or by permitting any other person to do so under your account, you agree to comply with this Policy. Your violation of this Policy is a material breach of the Agreement.

LinkedPhone reserves the right to modify this Policy at any time. We will provide notice of material changes through the Service, by email, by posting an updated version that is publicly available, or by other means. Your continued use of the Service after a change becomes effective constitutes your acceptance of the revised Policy.

Definitions

For purposes of this Policy:

“Customer,” “you,” and “your” mean the legal entity or individual that has entered into the Agreement, including any of its authorized users.

“Authorized Users” means any individuals to whom you grant access to the Service under your account.

“Content” means any text, voice, video, image, message, recording, transcript, file, or other material transmitted, stored, or processed through the Service.

“A2P Messaging” means application-to-person messaging, which is how LinkedPhone treats all messages sent through the Service for compliance purposes.

General Requirements

You agree that you and your Authorized Users will:

Use the Service only for lawful business purposes and only in accordance with the Agreement and this Policy;

Comply with all applicable federal, state, local, and foreign laws, regulations, and rules, including without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227), the CAN-SPAM Act, the FCC’s rules governing VoIP and messaging services, state two-party-consent recording statutes, consumer protection laws, anti-discrimination laws, securities laws, export control laws, and data protection and privacy laws;

Comply with all applicable carrier rules, industry guidelines, and codes of conduct, including the Cellular Telecommunications Industry Association (“CTIA”) Messaging Principles and Best Practices and the messaging policies of any upstream carrier or aggregator on which LinkedPhone relies; and

Be solely responsible for all activity conducted under your account, including activity by any Authorized User and any unauthorized third party that gains access through your account.

Reasonable Use of the Service

LinkedPhone offers certain plans on an “unlimited” or high-volume basis, and certain features (including SMS/MMS and voice minutes) are made available based on assumptions about normal, fair, and reasonable business use. To preserve service quality for all customers and to comply with carrier limits, LinkedPhone applies the following Reasonable Use principles.

General Fair Use Standard

LinkedPhone reserves the right to impose limits on, throttle, suspend, or terminate your use of the Service, or to assess overage charges, if we reasonably determine that your usage is not consistent with normal, fair, and reasonable use of the Service. This includes (without limitation) usage measured by the total number of calls placed or received, the number of SMS or MMS messages sent or received, the volume of call minutes consumed, the number of unique destinations dialed, and the number of devices or simultaneous sessions on a single user line.

Whenever reasonably possible, we will provide written notice of excess usage before taking action and a reasonable period for you to bring usage into compliance. We are not required to provide notice where, in our reasonable judgment, immediate action is necessary to protect the Service, our other customers, our carriers, or any third party.

Specific Conduct Prohibited Under “Unlimited” Plans

If you subscribe to any LinkedPhone plan marketed as “unlimited” or as including unlimited calling, messaging, or other usage, you may not use those Services for any of the following:

1. Trunking, forwarding, or bridging a LinkedPhone number to another number, PBX, key system, or other equipment capable of handling multiple simultaneous calls;

2. Auto-dialing, predictive dialing, or any other non-manual or software-assisted continuous dialing or outbound calling;

3. Operating bulk call-in lines, including call centers, hotlines, 900-style numbers, sports lines, chat lines, or conference lines, except as expressly contracted with LinkedPhone;

4. Sending a bulk SMS blast that is not within the messaging volumes for which your account is provisioned;

5. Allowing more than one individual to use a single user line, or using a single line in a manner that exceeds what would reasonably be expected of a single individual user; and

6. International calling to countries other than the United States and Canada, except where you have separately purchased or enabled international calling, availability permitting, on your account.

Unusually high usage may impair our ability to provide Services to others or may indicate unauthorized use, in either of which cases we may suspend or terminate your account.

Traffic Pumping and Artificial Inflation

You may not use the Service to engage in traffic pumping or any other scheme designed to artificially inflate call or message volumes to high-cost, revenue-sharing, or premium-rate numbers; generate excessive short-duration calls or abnormal spikes in call attempts; or call sequential or randomly generated blocks of phone numbers in a manner inconsistent with ordinary business use.

Prohibited Content and Conduct

Prohibited Conduct (General)

You may not use the Service, and you may not allow any Authorized User or third party to use the Service, to:

1. Engage in conduct that is illegal, fraudulent, deceptive, obscene, threatening, harassing, defamatory, libelous, tortious, infringing, hateful, or invasive of another’s privacy;

2. Transmit material that contains viruses, worms, trojan horses, ransomware, spyware, time bombs, or any other malicious code;

3. Spoof, forge, or otherwise misrepresent caller ID, SMS sender identification, email headers, or the origin of any communication with intent to defraud, cause harm, or wrongfully obtain anything of value, in violation of the Truth in Caller ID Act (47 U.S.C. § 227(e)) or any analogous law;

4. Send unsolicited communications (including calls, SMS, MMS, voicemail, fax, or email) in violation of The Telephone Consumer Protection Act (“TCPA”), the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003, state mini-TCPA statutes, or any other applicable law or regulation;

5. Interfere with, disrupt, or impose an unreasonable load on the Service, LinkedPhone’s infrastructure, or any other customer’s use of the Service;

6. Attempt to gain unauthorized access to the Service, to any other customer’s account, or to any system or network connected to the Service, including by bypassing authentication, scraping, crawling, or reverse-engineering;

7. Use the Service to build, train, benchmark, or enhance any product or service that is competitive with the Service, or to conduct comparative analyses for publication, in either case without LinkedPhone’s prior written consent;

8. Use any LinkedPhone intellectual property to copy features, user interface elements, or other proprietary aspects of the Service;

9. Engage in conduct that violates any U.S. or foreign export control, sanctions, or anti-terrorism law, including the regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC); or

10. Engage in any other conduct that LinkedPhone reasonably determines is abusive, manipulative, or inconsistent with the fair and intended use of the Service.

Prohibited Messaging Content

LinkedPhone treats all messaging transmitted through the Service as A2P Messaging and subject to applicable carrier and CTIA rules. You may not use the Service to send any message that:

1. Is obscene, defamatory, threatening, intimidating, harassing, hateful, exploitative, abusive, or racially or ethnically offensive, or that instigates or encourages conduct that would be illegal, including the promotion of violent crimes, the endangerment or exploitation of children, or the coordination of harm to others;

2. Is fraudulent or deceptive, including impersonation, misrepresentation, phishing, smishing, or any other communication designed to lure recipients into providing personal, medical, health, or financial information;

3. Is sent without the required prior express consent (or, where applicable, prior express written consent) of the recipient, or that lacks the standard opt-out language and clear sender identification required by this Policy;

4. Contains or links to malware, viruses, or any other malicious code;

5. Concerns or promotes any of the following categories of high-risk content, which carriers generally prohibit on A2P 10DLC and toll-free messaging channels:

   1. Cannabis, CBD, or vape products;

   2. Kratom or related paraphernalia products;

   3. The offer, promotion, or sale of prescription medications;

   4. Gambling, including references or links to casino applications or gambling websites;

   5. Sexual or adult services;

   6. Hate speech;

   7. Alcohol (except where age-gated and conducted in compliance with applicable law and carrier rules);

   8. Firearms, ammunition, or related products;

   9. Tobacco or tobacco-related products, including e-cigarettes;

   10. Fireworks or explosives;

6. Promotes high-risk financial services, including without limitation new loan solicitations, payday or short-term high-interest loans, third-party lending, student loan refinancing or forgiveness, cryptocurrency, or stock and other investment platforms;

7. Promotes third-party lead generation, affiliate marketing, or any service that buys, sells, or shares consumer information, or that engages in deceptive marketing;

8. Concerns debt collection, debt consolidation, debt reduction, debt forgiveness, or credit repair, where the message originates from a party other than the original creditor or its directly engaged servicer; or

9. Promotes “get rich quick” schemes, deceptive work-from-home programs, pyramid schemes, mystery-shopping schemes, or multi-level marketing programs.

Prohibited Calling Conduct

You may not use the Service to:

1. Place calls without the consent required by applicable law, including cold calls or prerecorded campaigns lacking a clear, conforming opt-out mechanism;

2. Place calls during times prohibited by the TCPA, state law, or applicable Do Not Call rules (generally, before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time, subject to stricter state-level rules);

3. Continue calling a recipient after receiving a complaint, an opt-out request, or any indication that the recipient does not wish to be contacted, or call any number on the National Do Not Call Registry or your internal do-not-call list except where a recognized exemption applies;

4. Use artificial intelligence, bots, autodialers, predictive dialers, automatic telephone dialing systems (ATDSs), or any other automated calling system, except as expressly permitted by LinkedPhone in writing and in full compliance with the TCPA;

5. Send prerecorded voicemails (including “ringless voicemail” or “voicemail drops”) in a manner that is harassing, deceptive, or that lacks the consent and disclosures required by applicable law;

6. Use a LinkedPhone number as a misleading or fraudulent callback number; or

7. Harass, threaten, intimidate, or defraud any recipient.

Messaging Consent and Identification Requirements

Consent (Opt-In)

Before you send the first message to any recipient through the Service, you must obtain that recipient’s prior express consent to receive messages of the type you intend to send. You must clearly disclose to the recipient at the time of opt-in:

1. The identity of the sender;

2. The general purpose, content, or category of messages the recipient will receive;

3. The expected message frequency, where applicable; and

4. That message-and-data rates may apply.

If the use case requires prior express written consent under the TCPA (47 C.F.R. § 64.1200(f)(9)), you must obtain consent meeting that standard.

You must retain a record of each recipient’s consent (for example, a signed form, a screenshot of the opt-in flow, or a timestamped log entry) for the longer of (a) four years from the date of consent, or (b) the period required by applicable law.

Consent Scope and Reconfirmation

Consent is limited to the specific use case or campaign for which it was obtained. You may not use consent obtained for one campaign to send messages relating to another campaign or category. If you do not send the initial message within a reasonable period after obtaining consent, you must reconfirm consent in the first message.

Sender Identification

Every initial message in a conversation must clearly identify the sending party (the party that obtained the recipient’s consent). Identification may be omitted only in follow-up messages within an active, ongoing conversation.

Opt-Out

Every initial message must include the language “Reply STOP to unsubscribe” or an equivalent using a standard opt-out keyword (including STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT). You must honor any opt-out request immediately, regardless of the keyword used or its capitalization, and you must maintain systems capable of processing opt-outs across all recipient handsets. You may send a single confirmation message after an opt-out; any subsequent message to that recipient is prohibited unless the recipient re-opts in.

Business Verification and 10DLC Registration

In order to comply with industry regulations, LinkedPhone requires you to provide business verification documents, including identity verification, beneficial ownership verification, business registration documents, and evidence of opt-in consent practices. For SMS and MMS messaging in the United States, this includes brand and campaign registration through The Campaign Registry (TCR) or any successor 10DLC registration system.

You agree to provide requested verification documents promptly and accurately. If you fail to do so within a reasonable timeframe, or if the documents you provide are insufficient in LinkedPhone’s reasonable judgment, LinkedPhone may suspend or terminate your access to the Service or to specific Service features, including SMS and MMS messaging.

Recording and Transcription of Communications

Federal, state provincial, and local laws governing the recording and transcription of telephone, video, and in-application communications vary materially. Some jurisdictions require the consent of all parties to a communication before it may be recorded or transcribed; others require only one-party consent. Some jurisdictions also regulate the transcription of communications separately from the recording itself.

If you use any recording or transcription feature of the Service (including features that record or transcribe voice calls, video meetings, or in-application messages), you are solely responsible for:

1. Determining what consent or notice is required in each jurisdiction in which any party to the communication is located;

2. Obtaining all required consents, providing all required notices, and complying with all required disclosures, before any recording or transcription occurs; and

3. Complying with all data protection, employment, and confidentiality laws governing the storage, use, and disclosure of recorded and transcribed content.

Liability allocation and indemnification for your use of recording and transcription features are addressed in the sections titled Call Recording and Call Transcriptions in the LinkedPhone Terms of Service.

You acknowledge that automated voice-to-text and text-to-voice features may produce inaccurate output and that you remain solely responsible for verifying any transcribed or synthesized content before relying on it.

Operator and Specialized Calling

The Service does not support 0+ or operator-assisted calling (including collect calls, third-party billing, calling card calls, and 900-number calls). The Service may not support 211, 311, 411, 511, 611, 711, or 811 (N11) calling in all service areas. Emergency calling is addressed separately in the section titled VoIP Service and Emergency Calls (911). You are responsible for determining the availability of these services in the locations from which you use the Service.

Unsolicited Communications and Liquidated Damages

If you transmit, or are otherwise connected with the transmission of, any voice, fax, SMS, MMS, email, or other unsolicited marketing communication through the Service in violation of applicable law or this Policy, you agree to pay LinkedPhone its actual damages, if reasonably calculable. If actual damages are not reasonably calculable, you agree to pay LinkedPhone liquidated damages of ten dollars ($10.00) per unsolicited message or communication, which the parties acknowledge represents a reasonable pre-estimate of the harm caused (including investigation costs, carrier penalties, and reputational harm) and is not a penalty.

OFAC and Export Control

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to U.S. comprehensive economic sanctions; that you are not identified on the Specially Designated Nationals and Blocked Persons List, the Foreign Sanctions Evaders List, the Sectoral Sanctions Identifications List, or any other list of restricted parties maintained by OFAC, the U.S. Department of Commerce, or the U.S. Department of State; and that you will not use the Service in violation of any U.S. export control or sanctions law.

Suspension, Termination, and Enforcement

LinkedPhone may, in its sole discretion, suspend or terminate your access to the Service (in whole or in part), suspend specific features (including messaging), refuse to port a number, or take any other action it deems appropriate, if it reasonably determines that you have violated this Policy or that your continued use of the Service presents a risk to LinkedPhone, its other customers, any upstream carrier, or any third party.

Where reasonably possible, LinkedPhone will provide notice and an opportunity to cure before taking enforcement action. LinkedPhone is not required to provide notice or an opportunity to cure where, in its reasonable judgment, immediate action is necessary to prevent harm, to comply with a legal or carrier obligation, or where the violation is of a nature that does not lend itself to cure (for example, a TCPA violation that has already been committed).

No credit, refund, or other compensation will be available for any suspension or termination resulting from your breach of this Policy.

LinkedPhone reserves all other rights and remedies available at law or in equity, including the right to seek injunctive relief and to recover damages (including liquidated damages) and attorneys’ fees where permitted by law.

Reservation of Rights

LinkedPhone has the sole right to determine whether you are in violation of this Policy. No failure or delay by LinkedPhone to enforce any provision of this Policy is a waiver of that or any other provision. LinkedPhone may amend this Policy at any time. In the event that you have any questions, complaints, or claims relating to the Service, you may contact LinkedPhone at support@linkedphone.com.