Acceptable Use Policy

1. Purpose

This Acceptable Use Policy ("AUP") establishes the rules governing your use of the Voctiv Assistant MCP service ("Service"). The purpose of this policy is to:

• Ensure compliance with all applicable federal, state, and local telecommunications regulations
• Prevent abuse, fraud, and spam on the telephone network
• Protect the rights and privacy of individuals who receive calls made through the Service
• Protect Voctiv, its infrastructure, and its reputation from misuse
• Maintain the quality and reliability of the Service for all users

This AUP is incorporated into and forms part of the Terms of Service. Capitalized terms not defined here have the meanings given in the Terms of Service.

2. Consent Requirements

2.1 Consent Certification

By initiating ANY call through the Service, you certify that:

1. You have obtained prior express written consent from the called party for marketing, advertising, or telemarketing calls, or prior express consent for informational or transactional calls, as required by the Telephone Consumer Protection Act (TCPA) and applicable state laws;
2. The phone number was provided directly by the end subscriber through a legitimate opt-in process, including but limited to:
   • Web form submission where the subscriber voluntarily provided their number
   • Signed written agreement containing clear consent language
   • Recorded verbal consent obtained during a prior interaction
   • Electronic signature compliant with E-SIGN Act
3. The consent was NOT obtained through any of the following prohibited means:
   • Purchased or rented contact lists
   • Web scraping or automated data collection
   • Data brokers without a verified, documented consent chain
   • Social media harvesting or profile scraping
   • Deceptive means (hidden consent language, pre-checked boxes, misleading forms)
   • Third parties who cannot provide documented proof of original consent
4. The consent has not been revoked by the called party, and you maintain an active process for promptly honoring revocation requests;
5. You maintain a complete audit trail documenting how each phone number and its associated consent was obtained, including date, time, source, and the specific consent language presented.

2.2 Consent Documentation

You must retain proof of consent for each phone number for a minimum of five (5) years from the date of the last call to that number. Documentation must include:

• The date and time consent was obtained
• The method of consent (web form, written agreement, verbal recording, etc.)
• The specific language or disclosure presented to the consenting party
• The identity of the consenting party
• Evidence that consent was voluntary and informed

You must produce consent records within five (5) business days upon request by Voctiv or any regulatory authority.

2.3 Consent Validity

Consent must be specific to the type of call being made:

• General consent to receive "communications" does not authorize telemarketing calls
• Consent to receive calls from one company does not extend to calls from another
• Consent obtained for one purpose (e.g., appointment reminders) does not authorize calls for a different purpose (e.g., sales)
• Consent expires if the called party has not interacted with you for an extended period (check applicable state laws for specific timeframes)

3. Telemarketing Compliance (TCPA - USA)

If you make calls to recipients in the United States, you must comply with the Telephone Consumer Protection Act (TCPA), its implementing regulations (47 CFR Part 64), and the FTC Telemarketing Sales Rule (16 CFR Part 310).

3.1 AI Disclosure

3.2 Do Not Call (DNC) Compliance

• National DNC Registry: You must scrub your call lists against the National Do Not Call Registry maintained by the FTC at least every 31 days
• Internal DNC list: You must maintain your own internal DNC list of individuals who have requested not to receive calls from you
• Opt-out requests: You must honor opt-out requests within 30 days and add the number to your internal DNC list
• State DNC lists: You must comply with applicable state DNC registries in addition to the federal registry

3.3 Time Restrictions

Calls may only be placed between 8:00 AM and 9:00 PM in the recipient's local time zone. Some states impose stricter time windows - you are responsible for knowing and complying with the applicable rules in each state where you make calls.

3.4 Caller ID Requirements

• You must display a valid, non-spoofed caller ID for all calls
• The displayed number must be a number that can receive calls and is assigned to you or your organization
• Manipulating or falsifying caller ID information violates the Truth in Caller ID Act and may result in criminal prosecution
• You must not use "neighbor spoofing" (displaying local area codes to deceptively increase answer rates)

3.5 Opt-Out Mechanism

Every call must include a mechanism for the called party to opt out of future calls. The AI agent must:

• Provide an opt-out option during the call when requested
• Honor opt-out requests immediately during the call
• Ensure the number is added to your internal DNC list

3.6 Record Keeping

You must maintain complete records of:

• Consent documentation for each called number
• DNC scrub dates and results
• Internal DNC list with dates of additions
• Opt-out requests and dates honored
• Calling time records showing compliance with time restrictions

These records must be retained for a minimum of five (5) years and produced upon request.

3.7 State-Specific Rules

Many states have telemarketing laws that are stricter than federal law. You are solely responsible for identifying and complying with all applicable state laws. Notable examples include:

• Florida: Requires written consent for all commercial telephone sales calls; maintains its own DNC list; provides for private right of action with damages up to $1,500 per call
• California: Restricts call hours further; requires specific disclosures; CCPA applies to personal information collected during calls
• New York: Requires registration with the state; maintains state DNC list; specific disclosure requirements
• Texas: Requires registration with the state; restricts certain types of automated calls
• Illinois: All-party consent required for call recording; Biometric Information Privacy Act may apply to voice data

This list is not exhaustive. You must research and comply with the laws of every state where you make calls.

4. International Calling Regulations

If you make calls to recipients outside the United States, you must comply with all applicable telecommunications and data protection laws in the destination country. The following is a non-exhaustive overview:

4.1 Kazakhstan

Calls to Kazakhstan must comply with the Law on Communications and the Law on Personal Data and their Protection. Prior consent of the subscriber is required for commercial communications.

4.2 Philippines

Calls to the Philippines must comply with National Telecommunications Commission (NTC) regulations and the Data Privacy Act of 2012 (Republic Act No. 10173). Consent of the data subject is required.

4.3 Vietnam

Calls to Vietnam must comply with the Law on Telecommunications, the Law on Cybersecurity, and the Personal Data Protection Decree (Decree 13/2023). Prior consent is required for commercial calls.

4.4 Indonesia

Calls to Indonesia must comply with the Telecommunications Law (Law No. 36/1999), Ministry of Communication regulations, and the Personal Data Protection Law (Law No. 27/2022).

4.5 Mexico

Calls to Mexico must comply with the Federal Telecommunications and Broadcasting Law, PROFECO consumer protection regulations, and the Federal Law on Protection of Personal Data (LFPDPPP). You must honor Mexico's Do Not Call registry (REPEP).

4.6 General Obligation

For any country not specifically listed above, you must identify and comply with all applicable local telecommunications, consumer protection, and data privacy laws before making calls to that jurisdiction. Ignorance of local law is not a defense.

5. Prohibited Uses

The following uses of the Service are strictly prohibited:

5.1 Spam & Unsolicited Calls

• Robocalling or placing automated calls without proper consent
• Unsolicited telemarketing or commercial solicitation without prior express written consent
• Placing calls to phone numbers obtained without the subscriber's opt-in
• Using purchased, rented, or scraped phone number lists without a verified consent chain for each number
• Bulk calling to random or sequential phone numbers

5.2 Fraud & Deception

• Financial scams, including investment fraud, loan fraud, or payment fraud
• Phishing, vishing (voice phishing), or social engineering attacks
• Impersonation of government agencies (IRS, SSA, FBI, etc.)
• Impersonation of law enforcement or judicial authorities
• Impersonation of banks, financial institutions, or service providers
• Impersonation of real individuals without their explicit authorization
• Deceptive "tech support" calls
• Fake "prize" or "sweepstakes" notifications
• Artificial urgency or scare tactics to obtain personal information or payments

5.3 Harassment & Harm

• Harassment, threats, intimidation, or stalking
• Repeated calls to a number after being asked to stop
• Calls intended to annoy, abuse, or torment the recipient
• Calls that incite violence or illegal activity

5.4 Legal & Regulatory Violations

• Bypassing or ignoring Do Not Call (DNC) lists
• Debt collection in violation of the Fair Debt Collection Practices Act (FDCPA)
• Caller ID spoofing or manipulation (violates Truth in Caller ID Act)
• "Neighbor spoofing" - displaying local area codes to deceptively increase answer rates
• Calling outside permitted hours (before 8 AM or after 9 PM recipient's local time)
• Call recording without proper consent in all-party consent jurisdictions
• Political robocalling without required disclaimers and identification
• Emergency services interference (calling 911, 988, or similar numbers)

5.5 Service Abuse

• Reselling, sublicensing, or redistributing the Service without authorization
• Using the Service to test or probe telephone network vulnerabilities
• Attempting to bypass rate limits, usage controls, or fraud detection systems
• Generating artificial call traffic or inflating usage metrics
• Using the Service in any way that degrades performance for other users

6. Content Restrictions

The content of all calls made through the Service - including AI agent prompts, scripts, and resulting conversations - must comply with the following restrictions:

• No deception: AI agents must not impersonate humans without disclosing their AI nature at the start of each call
• No misleading claims: Calls must not contain false, misleading, or unsubstantiated claims about products, services, or offers
• No false urgency: Calls must not use artificial urgency, fear tactics, or pressure to compel immediate action
• No deceptive offers: "Free" offers, "prize" notifications, or similar promotions must be genuine and comply with FTC guidelines
• No illegal content: Calls must not promote, facilitate, or contain content that violates any applicable law
• No hate speech: Calls must not contain hate speech, discrimination, or threatening language based on protected characteristics
• No unauthorized data collection: AI agents must not be configured to extract sensitive personal information (SSN, financial accounts, passwords) through deceptive means

7. Fraud Detection & Reporting

7.1 Automated Detection

Voctiv implements automated fraud detection systems that monitor calling patterns. The following patterns may trigger investigation or automatic account suspension:

• Unusually high call volume in a short period
• High percentage of short-duration calls (indicative of robocalling)
• Concentrated calling to a single area code or number range
• High complaint or block rates from carriers or recipients
• Calls to known honeypot or trap numbers
• Calling patterns inconsistent with legitimate business use
• Rapid account creation followed by high-volume calling

7.2 Cooperation with Authorities

Voctiv cooperates with law enforcement and regulatory agencies. We report suspected fraud to:

• Federal Communications Commission (FCC) - For TCPA, TRACED Act, and caller ID violations
• Federal Trade Commission (FTC) - For TSR violations and consumer fraud
• State Attorneys General - For state-level consumer protection violations
• Industry Traceback Group (ITG) - For illegal robocall traceback requests
• Law enforcement - For suspected criminal activity including wire fraud

7.3 Data Sharing with Authorities

You acknowledge and agree that Voctiv may share your account information, Call Data, calling records, and API usage data with the authorities listed above when:

• Required by law, subpoena, or court order
• Responding to a regulatory investigation or inquiry
• Cooperating with a traceback request
• Voctiv reasonably believes your activity constitutes fraud, spam, or illegal robocalling

8. Rate Limits & Fair Use

8.1 PAYG Tier

The Pay-As-You-Go tier has no fixed monthly call limit. Usage is billed at $0.10 per minute. However, Voctiv reserves the right to impose rate limits at any time for abuse prevention purposes.

8.2 Additional Tiers

Additional subscription tiers with specific call limits and features are in development. This section will be updated when those tiers become available.

8.3 Fair Use & Abuse Prevention

Voctiv may throttle, rate-limit, or temporarily suspend accounts that exhibit patterns consistent with spam, fraud, or abuse, including but not limited to:

• Exceeding reasonable call volume for the stated business purpose
• Calling patterns that trigger carrier-level fraud detection
• Receiving spam or fraud complaints from called parties or carriers
• Accounts with abnormally high call failure or hang-up rates

9. Monitoring & Enforcement

9.1 Right to Monitor

Voctiv reserves the right to monitor:

• Calling patterns, volumes, and timing
• Call metadata (numbers called, duration, status)
• Complaint rates and carrier feedback
• API usage patterns

Voctiv does not routinely monitor the content of calls but may review call recordings or transcriptions when investigating a specific complaint or suspected violation.

9.2 Compliance Audits

Voctiv may audit your compliance with this AUP at any time. Audits may include:

• Requesting consent documentation for specific phone numbers
• Reviewing your DNC scrub records
• Examining your calling patterns and practices
• Requesting information about your business and the purpose of your calls

You agree to cooperate fully with any compliance audit. Failure to cooperate constitutes a material breach of the Terms of Service.

9.3 Traceback Cooperation

Under the TRACED Act, Voctiv participates in the Industry Traceback Group's processes for identifying the origin of illegal robocalls. Upon receiving a traceback request, Voctiv may immediately suspend the associated account pending investigation.

9.4 Immediate Suspension Triggers

The following events may result in immediate account suspension without prior notice:

• Spam or fraud complaints from called parties
• Carrier complaints or call blocking notifications
• Regulatory inquiries, subpoenas, or civil investigative demands
• Traceback requests from the Industry Traceback Group
• Detection of calling patterns consistent with illegal robocalling
• Failure to produce consent documentation upon request

10. Reporting Violations

If you become aware of any misuse of the Service, or if you received an unwanted call that you believe was made through the Voctiv platform, please report it to:

Abuse Reports: legal@voctiv.com

Please include:

• The phone number that called you (caller ID)
• Date and time of the call
• Description of the call content
• Whether the caller identified themselves and disclosed AI use
• Any other relevant information

We investigate all abuse reports and take appropriate action, which may include suspending or terminating the offending account.

11. Consequences of Violation

Violations of this AUP will result in enforcement action proportional to the severity and nature of the violation:

11.1 Graduated Enforcement

11.2 Immediate Termination

The following violations result in immediate termination without warning:

• Fraud, scams, or phishing/vishing
• Impersonation of government agencies, law enforcement, or financial institutions
• Confirmed spam or illegal robocalling
• Using the Service to facilitate criminal activity
• Repeated violations after receiving a warning

11.3 Financial Responsibility

Account termination does not relieve you of: (a) payment obligations for usage incurred; (b) indemnification obligations under the Terms of Service; (c) liability for any fines, penalties, or damages resulting from your violations.

12. User Sole Responsibility

Specifically, you bear sole responsibility for:

• Legality: The legality of every call, including compliance with TCPA, TSR, Truth in Caller ID Act, TRACED Act, state telemarketing laws, and all other applicable regulations
• Consent: Obtaining, documenting, and maintaining proper consent for every phone number called
• Content: The content of all AI agent prompts, scripts, and the resulting conversations
• DNC Compliance: Scrubbing your call lists against the National DNC Registry and applicable state registries
• Recording Consent: Obtaining consent for call recording in jurisdictions that require it
• Liability: Any and all fines, penalties, lawsuits, class actions, regulatory actions, or other legal consequences arising from your calls

Voctiv's Role

Voctiv is a technology platform provider. Voctiv is NOT:

• A telemarketer
• The caller of record for your calls
• Responsible for the content or legality of your calls
• Responsible for verifying your consent or compliance
• Liable for your violations of telecommunications law

Voctiv provides the technology infrastructure. You determine who to call, when to call, and what to say. The legal responsibility for those decisions rests entirely with you.