This Acceptable Use Policy ("AUP") governs the use of any websites, platforms, services, software, or applications (collectively, the "Services") provided by RespondWize, Inc. ("RespondWize," "we," "us," or "our"). This AUP is incorporated by reference into our Privacy Policy and Terms of Use. By accessing or using our Services, you ("User" or "you") agree to comply with this AUP. If you do not agree, you must not use our Services.
1. Purpose
This AUP is designed to ensure our Services are used lawfully, responsibly, and in compliance with the rights of others. We reserve the right to modify this AUP at any time, and your continued use of the Services constitutes acceptance of those changes.
2. Prohibited Activities
You agree not to use (or allow third parties to use) the Services in any manner that:
2.1. Violates Any Law or Regulation
- Involves conducting or engaging in unlawful activities, including criminal, fraudulent, or malicious behavior.
- Violates any applicable local, state, national, or international laws or regulations.
2.2. Infringes Intellectual Property or Privacy Rights
- Infringes or misappropriates the intellectual property or proprietary rights of others (e.g., copyrights, patents, trademarks, or trade secrets).
- Violates another person's right to privacy, publicity, or other personal rights (e.g., collecting personal information without proper consent).
2.3. Harasses or Harms
- Transmits any content that is defamatory, libelous, threatening, harassing, or abusive, or that promotes discrimination or hate based on race, gender, religion, nationality, disability, sexual orientation, or any other protected characteristic.
- Encourages violence, self-harm, or harm to any other person.
2.4. Is Deceptive or Misleading
- Engages in phishing, impersonation, or misrepresentation of affiliation with a person or entity.
- Uses AI-generated, "deepfake," or spoofed content to mislead recipients or misrepresent the origin or purpose of communications.
- Fails to disclose, when required by law or good-faith business practices, that calls, messages, or other communications are being generated or facilitated by artificial intelligence.
2.5. Violates Security or Integrity of Systems
- Introduces malware, viruses, or other harmful code.
- Attempts to gain unauthorized access to any network, system, or data (including hacking and password mining).
- Interferes with or disrupts the integrity or performance of our or others' systems (e.g., denial-of-service attacks).
2.6. Spams or Engages in Unsolicited Communications
- Sends unsolicited bulk messages, spam, chain letters, or mass messaging (e.g., telemarketing calls or text messages) without the required consents.
- Violates any laws related to telephone or electronic communications, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and Do-Not-Call (DNC) rules.
- Fails to provide an adequate unsubscribe or opt-out mechanism, or fails to honor an individual's opt-out request.
2.7. Violates Biometric/Voice Data Laws
- Collects or processes voice recordings or other biometric identifiers in any way that violates applicable biometric privacy laws (e.g., Illinois Biometric Information Privacy Act).
- Fails to obtain required notice or consent before capturing or using voice data (where required by law).
2.8. Improperly Shares Personal Data
- Discloses, sells, or shares personal data for any purpose not authorized by the data subject or applicable law.
- Attempts to re-identify anonymized data without permission.
2.9. Misuses AI Tools
- Uses RespondWize's AI features to generate content that violates the letter or spirit of this AUP.
- Fails to review or monitor AI-generated content when the nature of the content could be sensitive, legally regulated, or potentially harmful.
- Provides AI with prompts or training data that are themselves unlawful, infringing, or otherwise violate this AUP.
3. AI Voice and Text Generation
Given that our Services may include AI voice and text generation features for phone calls, text messages, email outreach, or other communications:
3.1. Disclosure of AI Use
- You agree that when required by applicable law or industry best practices, you will disclose to recipients (e.g., call participants or message recipients) that the communication is generated or facilitated by artificial intelligence, especially if such omission may cause confusion or misrepresentation.
3.2. Accuracy and Verification
- AI-generated content may contain errors, inaccuracies, or outdated information. You are responsible for verifying the accuracy of any AI-generated content prior to distribution, especially when the content could influence decisions about health, finances, legal matters, or other sensitive areas.
- RespondWize does not guarantee the factual or legal accuracy of AI-generated content.
3.3. Prohibition on Impersonation
- You must not use AI to impersonate any specific individual without that individual's explicit, written consent, or to otherwise deceive recipients as to the identity of a speaker or sender.
- Any AI-synthesized voices or content must comply with applicable laws, including all requirements for pre-recorded/artificial voice calls under TCPA rules, if relevant.
3.4. Content Responsibility
- You remain fully responsible and liable for the content generated by the AI and distributed on your behalf.
- You must ensure that AI-generated calls, texts, or emails comply with this AUP, the Terms of Use, and any other agreements between you and RespondWize.
3.5. Professional Advice Disclaimer
- AI-generated content is not a substitute for professional advice (e.g., legal, financial, medical) unless explicitly stated as such by RespondWize with appropriate professional licenses.
- You must not rely on AI-generated content as legal or medical advice, and you must not present it as definitive expert guidance.
4. Communications Requirements
Because RespondWize's Services may enable voice calls, text messaging (SMS/MMS), and email outreach (including AI-driven calls or messages), you agree to the following:
4.1. TCPA Compliance
- You must comply with all requirements under the Telephone Consumer Protection Act (TCPA) and related FCC regulations when making calls or sending text messages.
- You must have prior express written consent for auto-dialed, pre-recorded, or AI-generated telemarketing calls/texts where required, and honor all Do-Not-Call requests.
4.2. CAN-SPAM Act
- For commercial email messages, you must comply with the CAN-SPAM Act, including providing accurate sender information, a clear and conspicuous opt-out mechanism, and an appropriate subject line.
- You must refrain from sending misleading or deceptive email headers, subject lines, or content (including AI-generated content that misrepresents key details).
4.3. Do-Not-Call Lists
- If you (or your users) engage in telemarketing, you must scrub phone numbers against the National DNC Registry and any internal DNC lists as required by law.
- You must promptly update internal records to ensure all opt-out or DNC requests are respected.
4.4. Consent and Opt-Out
- You are responsible for ensuring that all recipients have provided the legally required consent (or there is another valid legal basis) for all calls, text messages, and AI-driven content.
- You must honor opt-out or unsubscribe requests immediately or within legally specified timeframes (e.g., "Reply STOP to unsubscribe").
4.5. Content of Communications
- The content of your calls, texts, or emails must not be unlawful, fraudulent, harassing, or otherwise violate this AUP.
- Using AI features to impersonate individuals or mislead recipients regarding the nature or origin of a communication is strictly prohibited.
5. Customer and User Responsibilities
5.1. Compliance and Monitoring
- You are solely responsible for all content, communications, data, or materials you upload, create, generate, or transmit via the Services.
- You agree to regularly review and comply with this AUP to avoid violations.
5.2. Duty to Report Violations
- If you become aware of any activity that violates this AUP, you agree to promptly notify RespondWize at support@respondwize.com.
- RespondWize may request your cooperation to investigate or remedy potential violations.
5.3. Obtaining Required Consents
- When using AI voice/text generation features, you must obtain all necessary legal consents and disclaimers from recipients as required by TCPA, CAN-SPAM, state privacy laws, or other regulations.
- You are responsible for maintaining records of consent, opt-in, or opt-out requests, as required by law.
6. Enforcement and Remedies
6.1. Investigation and Action
- RespondWize reserves the right to investigate any potential violation of this AUP.
- We may take any action we deem appropriate, including but not limited to warning you, suspending or terminating your access to the Services, or reporting violations to law enforcement.
6.2. Consequences of Violation
- Violations of this AUP may result in immediate suspension or termination of your access to the Services.
- You may be held liable for any damages caused by your violation of this AUP.
- RespondWize reserves the right to pursue legal action for any violations of this AUP.
6.3. No Waiver
- RespondWize's failure to enforce any provision of this AUP does not constitute a waiver of that provision or any other provision.
- Any waiver of any provision of this AUP must be in writing and signed by an authorized representative of RespondWize.
7. Modifications
RespondWize reserves the right to modify this AUP at any time. We will notify you of any material changes by posting the new AUP on this page and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new AUP.
8. Reporting Violations
If you believe that someone has violated this AUP, please report it to us at support@respondwize.com. Please include as much detail as possible about the violation, including any relevant evidence or documentation.
9. Questions
If you have any questions about this AUP, please contact us at support@respondwize.com.
10. Relationship to Other Agreements
This AUP is incorporated into our Terms of Use and/or Master Services Agreement with you. If there is any conflict between this AUP and those agreements, the more specific acceptable use terms herein will govern on acceptable use obligations. Otherwise, the Terms of Use or MSA will control.
Acceptance
By using our Services, you acknowledge that you have read, understood, and agree to abide by this Acceptable Use Policy—including the requirements and disclaimers for AI voice and text generation and all phone, text, and email outreach.