Acceptable Use Policy

Version: v1. This Acceptable Use Policy (the "AUP") is incorporated by reference into and forms part of the EmberDial Master Services Agreement (the "MSA") between EmberDial LLC and Customer. Capitalized terms not defined here have the meanings given in the MSA. In the event of a conflict between this AUP and the MSA, this AUP controls with respect to the subject matter herein.

1. Purpose and Scope

EmberDial is a software platform used by licensed insurance agencies to place and receive telephone calls. Customers (insurance agencies and similar businesses) bear primary responsibility under the Telephone Consumer Protection Act (47 U.S.C. § 227, the "TCPA"), the Telemarketing Sales Rule (16 C.F.R. Part 310, the "TSR"), the Truth in Caller ID Act, the FCC's STIR/SHAKEN call-authentication framework, state Do-Not-Call statutes, state recording-consent statutes, and other laws applicable to outbound calling.

This AUP describes (a) prohibited uses of the Service, (b) affirmative compliance obligations EmberDial imposes on Customer, (c) reporting and cooperation expectations, and (d) EmberDial's enforcement rights. This AUP applies to Customer and to every Authorized User and every person to whom Customer provides access to the Service.

2. Prohibited Uses

Customer shall not use, and shall not permit any third party to use, the Service to:

2.1 Violate law

Place any call or transmit any communication in violation of the TCPA, the TSR, the Truth in Caller ID Act, the FCC's STIR/SHAKEN rules, the federal Do-Not-Call Registry rules, any applicable state Do-Not-Call statute, any state telemarketing statute, any state recording-consent statute, or any other Applicable Law.
Engage in fraud, identity theft, money laundering, wire fraud, mail fraud, securities fraud, insurance fraud, or any criminal activity.
Engage in unfair or deceptive trade practices, false advertising, or deceptive solicitation under federal or state law.
Solicit minors, exploit vulnerable populations, or engage in predatory calling practices targeting persons known or reasonably believed to be cognitively impaired.

2.2 Misrepresent identity or origin

Display caller ID information that is false or misleading, including by "spoofing" numbers Customer does not legitimately use, by displaying the name or number of a third party without authorization, or by displaying any caller ID intended to defraud, cause harm, or wrongfully obtain something of value.
Manipulate, suppress, or attempt to override EmberDial's STIR/SHAKEN call-authentication signing.
Use the Service to impersonate any person, business, or government agency, or to falsely affiliate with any organization.
Use a DID licensed by EmberDial as the caller-line identification for traffic EmberDial reasonably concludes is fraudulent, deceptive, or spam.

2.3 Robocall or autonomous-voice misuse

Use the Service to place automatic outbound calls that do not connect to a live, identifiable human agent at the time the called party answers, except where Customer has obtained the prior express written consent required by the TCPA and any applicable state law and complies with all related opt-out requirements.
Deliver prerecorded or artificial-voice messages to a called party, including AI-generated or AI-cloned voice content, without Customer's having (a) obtained the consent required by Applicable Law and (b) provided the required opt-out mechanism.
Use predictive dialing, ratio dialing, or any other dialing method to wireless telephone numbers without the consent required by Applicable Law.
Use the Service to make calls that do not result in a connected conversation (e.g., "dead air" or "abandoned" calls) in excess of the call-abandonment thresholds permitted by the TSR (currently 3% per calling campaign, per day, measured per called party's area code).

2.4 Harass or harm called parties

Repeatedly contact a person who has asked Customer to stop contacting them, or call any number on Customer's internal Do-Not-Call list.
Transmit harassing, threatening, abusive, defamatory, obscene, or pornographic content.
Engage in any pattern of calling that a reasonable person would consider abusive (excessive call frequency, off-hour calling, harassment after consent revocation).

2.5 Compromise the Service or other systems

Attempt to gain unauthorized access to the Service, its underlying systems or networks, or another customer's data or DIDs.
Probe, scan, or test the vulnerability of any EmberDial system or network, or breach any security or authentication measure.
Introduce malware, viruses, worms, ransomware, or other harmful code; or attempt to mailbomb, flood, overload, or launch a denial-of-service attack against any EmberDial or third-party system.
Interfere with any other customer's use of the Service.

2.6 Commercial misuse

Resell, sublicense, or rent access to the Service to third parties, except as expressly permitted by an Order.
Use the Service to build, train, or evaluate a competing product, or to extract performance benchmarks for publication without EmberDial's written consent.
Upload lead lists with a known "not in service" (NIS) rate above 5%, or lead lists that were knowingly purchased, rented, or obtained from sources that did not lawfully collect and disclose them.

3. Affirmative Compliance Obligations

3.1 Federal Do-Not-Call scrubbing

Customer shall (a) maintain its own Subscription Account Number (SAN) for the National Do Not Call Registry covering every area code into which Customer calls (unless exempt); (b) scrub every outbound calling list against the federal Registry no more than 31 days before placing each call (or such shorter period as the FTC or FCC may require); (c) honor every consumer's company-specific do-not-call request immediately and indefinitely; and (d) maintain documented internal Do-Not-Call procedures and training records.

3.2 State Do-Not-Call scrubbing

Customer shall comply with each applicable state Do-Not-Call registry, including any state-specific registration, scrubbing cadence, and area-code coverage requirements. States with additional or modified Do-Not-Call regimes include without limitation Florida, Indiana, Louisiana, Mississippi, Oklahoma, Pennsylvania, Tennessee, Texas, and Wyoming; this list is illustrative and Customer is responsible for staying current.

3.3 Calling windows

Customer shall confine outbound telemarketing calls to the windows permitted by the TCPA and TSR (generally 8:00 a.m. to 9:00 p.m. local time of the called party) and any stricter state or local restrictions.

3.4 Prior express written consent

For any call to a wireless number that uses a prerecorded or artificial voice, or that constitutes telemarketing using an automatic telephone dialing system as that term is interpreted under current law, Customer shall obtain and retain documentation of the consumer's prior express written consent that satisfies the TCPA, including the "clear and conspicuous disclosure" and signature requirements.

3.5 Caller ID truthfulness; STIR/SHAKEN

Customer shall ensure that the caller ID transmitted with each call accurately identifies the calling party. EmberDial signs originating calls using its STIR/SHAKEN certificate as the upstream carrier-level subscriber; Customer shall not attempt to bypass or manipulate the signing process. Customer is responsible for promptly responding to any "Know Your Customer" or traceback request that EmberDial relays from an upstream carrier, the Industry Traceback Group, the FCC, or another regulator.

3.6 Recording-consent compliance

The Service records calls. Customer shall comply with all recording-consent laws applicable to each call, including the laws of the state in which Customer's agent is located and the laws of the state in which the called party is located. Several U.S. states (including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, among others) require the consent of all parties to the recorded conversation; this list is illustrative and Customer should consult counsel for an authoritative current list. Customer shall ensure that an appropriate recording disclosure is delivered at the start of each affected call, whether through EmberDial's configurable in-app disclosure or through Customer's own script.

EmberDial's coaching pipeline operates on call transcripts only. EmberDial does not generate, derive, or store voice-print or other biometric voice analytics, and does not use call audio to identify, authenticate, or profile speakers.

3.7 Lead sourcing

Customer represents and warrants that every lead loaded into the Service was (a) collected directly by Customer or by a third party lawfully authorized to share leads with Customer; (b) accompanied by disclosures and consents that satisfy Applicable Law and the consumer's reasonable expectations; and (c) not obtained by harvesting, scraping, purchasing improperly-sourced lists, or any other unlawful means.

3.8 Insurance-specific compliance

Customer shall ensure that every Authorized User is properly licensed in each jurisdiction in which the User sells or solicits insurance, and shall comply with all applicable insurance regulatory rules, including those governing solicitation, replacement, suitability, advertising, and producer conduct.

3.9 Third-party scrub providers

EmberDial does not provide do-not-call, litigator, wireless, or reassigned-number data. Where Customer connects a third-party compliance or scrub provider of its choosing to the Service, Customer holds its own account and credentials with that provider, contracts with it directly under that provider's own terms, and remains solely responsible for maintaining an active subscription and for the scrubbing outcomes. EmberDial submits Customer's data to, and returns results from, that provider using Customer's own credentials, and does not originate, control, or warrant the underlying compliance data or determinations.

4. Reporting and Cooperation

4.1 Customer's response timeline. If EmberDial receives a third-party complaint, regulatory inquiry, upstream-carrier compliance demand, traceback request, or other credible indication of possible misuse by Customer, EmberDial may require Customer to respond. Unless a shorter period is required by Applicable Law or by an upstream carrier, Customer shall:

Acknowledge EmberDial's inquiry within 2 business days;
Produce a copy of the consent record for any specific number EmberDial identifies within 5 business days;
Produce a copy of the campaign script, lead source documentation, agent attribution, and any related materials within 10 business days.

4.2 Internal escalation. Customer shall maintain an internal point of contact for compliance escalations and provide updated contact information to EmberDial. Customer shall train its Authorized Users in TCPA, TSR, DNC, and recording-consent compliance and shall maintain records of that training reasonably available to EmberDial on request.

5. Enforcement

5.1 Range of remedies. If EmberDial reasonably believes Customer has violated, or is at risk of violating, this AUP or any Applicable Law, EmberDial may, in its sole discretion and without prior notice:

Issue a written warning;
Throttle, limit, or suspend Customer's use of the Service or specific features (e.g., outbound calling, recording, AI coaching);
Recall, reassign, or block DIDs allocated to Customer;
Require Customer to undertake corrective action (e.g., additional training, additional documentation, audit);
Terminate the MSA in accordance with Section 9.4 of the MSA; and
Cooperate with law enforcement, regulators, and upstream carriers, including by producing records as required by subpoena or other compulsory process.

5.2 Immediate-termination violations. The following violations may result in immediate suspension and termination of the MSA without a cure period:

TCPA violations giving rise to a credible threat of class action;
Violations of the Truth in Caller ID Act, including caller-ID spoofing with intent to defraud or cause harm;
Violations of the FCC's STIR/SHAKEN rules;
Use of the Service for fraud, identity theft, or other criminal activity;
Repeat or willful violations of state Do-Not-Call statutes; and
Violations that, in EmberDial's reasonable judgment, present a material risk to upstream-carrier relationships, to other customers, or to consumer trust in the Service.

5.3 No waiver. EmberDial's decision not to enforce a particular provision of this AUP, or to enforce it in a particular manner, is not a waiver of EmberDial's right to enforce that provision or any other provision in the future.

5.4 Customer's independent liability. The existence of this AUP, and EmberDial's enforcement of it, does not relieve Customer of any liability to consumers, called parties, regulators, or any other third party.

6. Modifications

EmberDial may modify this AUP from time to time to respond to changes in Applicable Law, regulatory guidance, upstream-carrier requirements, or operational experience. Material changes will be announced through email to Customer's administrator-of- record address or by in-product banner at least 30 days before they take effect; non-material changes (typo fixes, clarifying edits) may take effect on posting. Continued use of the Service after a change takes effect constitutes acceptance of the modified AUP.

7. Reservation of Rights

This AUP is not exhaustive. EmberDial reserves the right to prohibit any use of the Service that, in EmberDial's reasonable judgment, is unlawful, abusive, fraudulent, harmful to consumers, harmful to other customers, harmful to upstream- carrier relationships, or otherwise inconsistent with EmberDial's mission of supporting honest, compliant outbound calling.

End of Acceptable Use Policy v1.