Acceptable Use Policy

Last updated February 20, 2025, to incorporate changes in laws and regulations and to update and clarify terms, including terms governing the use of new services.

This Acceptable Use Policy (“AUP”) constitutes an integral part of the smrtPhone Terms & Conditions (“Terms”) located at https://www.smrtphone.io/terms-and-conditions/ (or any successor URL) and the Enterprise Master Service Agreement (“MSA”), if applicable. This policy is supplementary and does not limit any of smrtPhone’s rights per the Terms, the MSA, or another applicable primary service agreement. In the event of any conflict between this AUP and the applicable MSA, the terms of the MSA shall prevail.

This AUP governs the use of the smrtPhone.io website (the “Site”) and smrtPhone’s enterprise communications services, including, but not limited to smrtPhone cloud phone systems, smrtDialer, the smrtPhone mobile apps, smrtPhone for Real Estate, messaging, and other services smrtPhone may offer from time to time (“Services”). This AUP governs the use of the Services by you (either an individual or an entity that you are representing, hereinafter “Customer,” “You”) and smrtPhone Global, Inc. and its suppliers and licensors (collectively “smrtPhone,” “We,” “Us”). smrtPhone and Customer shall each be referred to individually as a “Party” and collectively as the “Parties”.

Capitalized terms used in this AUP have the same meanings as those ascribed to them in the Terms unless otherwise expressly defined herein. In case of any conflict between the definitions in this AUP and those in the Terms, the definitions in this AUP shall prevail for interpreting this AUP.

By creating an account through Our online portal, accessible through the Site at https://phone.smrt.studio (the “Portal”), and ordering Services, you agree to be bound by and comply with the terms of this AUP.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AUP, THEN DO NOT DOWNLOAD, INSTALL, OR USE THE SMRTPHONE SERVICES.

The Parties hereto agree as follows:

1. In General

smrtPhone’s AUP is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our customers. Our goal is to protect the integrity of all related systems for the benefit of all customers, partners, and vendors and prevent any illegal conduct with the use of our Services and systems.

2. Use of the Services

(a) You are responsible for the acts and omissions of anyone using Your smrtPhone account, whether or not such person is a User as defined herein or in the Terms, and You and all such persons are responsible and liable to smrtPhone for any use of smrtPhone Services, whether by website or mobile device. You shall immediately notify smrtPhone, which notice may be made by email to [email protected], of any fraudulent or unauthorized access to or use of Your account of which You become aware. Without limiting the generality of the foregoing, You remain responsible for all charges associated with the use of Services under Your account, regardless of whether or not such use was authorized by You or was due to fraud.

(b) You and Your Administrators may appoint additional Administrators of Your smrtPhone account, and each Administrator shall be required to accept and agree to these Terms. You or Your Administrator(s) shall also notify all Users under Your account of these Terms and of Your obligations hereunder.  Non-compliance with any provision hereof by any Administrator or User shall be deemed a breach by You of these Terms. You shall inform each User that You and Your Administrators may obtain and use their personal and traffic data on the smrtPhone Numbers assigned to such User. You acknowledge and agree that You shall process (and shall ensure that Your Administrators shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.

(c) You agree not to access, copy, or otherwise use smrtPhone Services, the Site or the Portal unless such use is authorized by these Terms or otherwise authorized by Us in writing.

(d) You agree that any information You provide to smrtPhone is complete and accurate.

(e) You will not use, or permit any User to use, the smrtPhone Services in any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including without limitation:

(i) to violate any applicable law, regulation, judicial or administrative order, or other published policy (including those relating to the recording of telephone calls, telemarketing, and the sending of text or SMS messages);

(ii) to violate or infringe on intellectual property, privacy rights, or other rights of another;

(ii) to violate any agreement, rules or policies that govern the use of Your  device or Your third-party services used in conjunction with the Services;

(iv) to transmit any content that is illegal, abusive, harassing, racist, hateful, or, in Our sole discretion, objectionable;

(v) to transmit sexually explicit, pornographic, obscene, or other content which, in Our sole discretion, We find objectionable;

(vi) to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any smrtPhone account;

(vii) to stalk, harass, or harm another individual;

(viii) to impersonate another, misrepresent or falsely identify Yourself;

(ix) to violate any applicable third-party policies or requirements that smrtPhone has communicated to You;

(x) to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems;

(xi) to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise), including but not limited to unsolicited or unwanted phone calls or voice mails or text messages;

(xii) to engage in unauthorized or unlawful commercial activities and/or sales except in strict accordance with law, such as advertising, solicitations, contests, sweepstakes, barter, pyramid schemes, unsolicited marketing or other activities, including without limitation any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the TCPA Rules (as defined below), and the Do-Not-Call Registry (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction);

(xiii) to use any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Site or for any other unauthorized purpose without Our prior written consent;

(xiv) to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;

(xv) to take any action that uses unreasonably large amounts of bandwidth or otherwise imposes an unreasonable or disproportionately large burden on the Services, including any of Our hardware and software infrastructure, or upon the networks, facilities or services of any of Our vendors or suppliers;

(xvi) use the Services for any purpose other than those that are for Your legitimate internal business purposes;

(xvii) to use the Services in a manner that violates applicable industry standards, third-party policies (including all of the applicable guidelines published by the CTIA or the Mobile Marketing Association), or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third-party policies or requirements in any other jurisdiction);

(xviii) to access or use the personal or confidential information of any third party without their permission, or attempt to do so;

(xix) to use the Services for purposes of competitive analysis or the development or provision of a competing service or product;

(xx) to mislead recipients of any call, text, email or other message as to Customer’s identity, including without limitation by creating a false caller ID (e.g., ID spoofing), forging addresses or headers, or fraudulently undertaking other technical measures to misrepresent the origin or identity of the sender or caller;

(xxi) to perform auto-dialing or “predictive dialing” in a manner that violates applicable industry standards, the TCPA, the TCPA Rules, and the Do-Not-Call Registry (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction);

(xxii) to impersonate another person, act as another entity without authorization, or create multiple accounts;

(xxiii)to upload pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in Our sole discretion;

(xxiv) to send (or allow Your Administrators and/or Users to send) or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, smrtPhone.

(xxv) to attempt to circumvent the User limitations of Your service plan or otherwise avoid payment for the Services You use; or

(xxvi) to attempt to circumvent any of the restrictions set forth above or contained elsewhere in the AUP or the Terms.

(f) Customers subscribing to all current or future smrtPhone plans offered on an “unlimited use” and/or “unlimited minutes” basis (“Unlimited Plans”), without limiting the applicability of any other provisions of this AUP, you agree that Unlimited Plans:

(i) may only be used for Customer’s normal business purposes and may not be used for personal or residential use, nor may any Service under an Unlimited Plan be made available for any persons other than Customer’s employees in the performance of their duties;

(ii) are or will be provided only for live dialog or individualized text conversations between two individuals;

(iii) may not be used for any of the following prohibited uses:

  • trunking or forwarding Your smrtPhone number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system
  • auto- or predictive dialing in a manner that violates applicable industry standards, the TCPA, the TCPA Rules, and the Do-Not-Call Registry (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
  • for bulk call-in lines (including by way of example and not limitation, customer support or sales call centers handling over hundreds of simultaneous calls, sports-line numbers, etc.).

(g) You are solely responsible for complying with all applicable laws in your use of the Service,including all applicable regulations, orders and policies of any regulatory agency with jurisdiction over or regulatory regimes applicable to the Services or the conduct of Your business, including without limitation, the following:

Federal Trade Commission, http://www.ftc.gov

Federal Communications Commission, http://www.fcc.gov

(h) Customers subscribing to text or SMS Services are responsible for registering their campaigns in accordance with prevailing industry practices.  smrtPhone may provide links within the Portal to permit Customers to complete the registration process.  You  agree and acknowledge that increased message filtering and fees may apply to messages that are sent without registration and that unregistered messaging via long code numbers may be blocked or may not be supported or delivered.  smrtPhone shall have no liability to You for any failure of You to register in accordance with then-prevailing wireless industry practices and policies.

(i) Without limiting the generality of any other provision hereof, You acknowledge that You may not use the Services in violation of the applicable laws governing the making and sending of calls and text messages. You understand and agree that You are solely responsible for complying with, and ensuring the compliance of Your Users with, any laws and regulations governing electronic communications between You and consumers to which You initiate calls or text messages through the Services.

Relevant laws and regulations include, but are not limited to, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act (TCPA) and the regulations promulgated by the or Federal Communications Commission pursuant to the TCPA, the Federal Trade Commission (FTC) Act, the FTC’s Telemarketing Sales Rule and the Do-Not-Call registry, state telemarketing laws, including the Florida Telemarketing Act, Maryland’s  Stop the Spam Calls Act of 2023, and federal and state anti-wiretapping or eavesdropping laws. smrtPhone participates and operates in full compliance with all official Traceback Requests received from the Industry Traceback Group (ITG). If smrtPhone believes that you have used the Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities.

Without limiting the foregoing, You represent and warrant that You comply with or will comply with any applicable laws and regulations that may:

(i) Require You to obtain the prior express consent for autodialed or prerecorded calls or texts;

(ii) Require documentation or other support of such consent (which may be required in writing for certain types of calls);

(iii) Provide customers with required privacy notices and related obligations;

(iv) Prohibit altering the caller ID information transmitted with a call or text with the intent to defraud, cause harm, or wrongfully obtain anything of value;

(v) Require You to include an automated interactive telemarketing opt-out mechanism available at the outset of the message for prerecorded messages;

(vi) Require You to comply with Federal and state AI disclosure requirements (e.g., disclosures at the start of AI voice calls) requirements voice use at the beginning of the call;

(vii) Require You to notify parties to the call that their call is being recorded, and, in some cases, seek prior express consent to the call recording and disclose the use of third-party vendors for call analytics;

(viii) Prohibit making certain types of calls before 8 a.m. or after 9 p.m. at the called party’s location;

(ix) Prohibit calling a number on the national, state, or organization-specific do-not-call registry; and

(x) Require you to comply with applicable retention laws and requests from law enforcement, regulators or other state and local officials.

smrtPhone is not providing and will not provide You with any legal advice or interpret any laws, rules, or regulations. The information herein is provided merely as a courtesy and is not intended to replace Your responsibility to familiarize yourself with and abide by the legal requirements pertaining to Your or Your Users’ use of the Services to initiate calls or messages.

(i) You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not smrtPhone, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service. smrtPhone does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will smrtPhone be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. smrtPhone is solely a facilitator of the voice and message communications made using the Services and has no control over individual calls and messages that are transmitted through smrtPhone.  smrtPhone therefore has no responsibility or liability with respect to the Content of any individual call or message. Notwithstanding the foregoing, smrtPhone (i) may (but shall not be obligated to) use programmatic means to filter (pre-screen) Your messages and block Your campaigns or account due to message keywords that smrtPhone has determined, in its sole discretion, may violate an applicable, rule, regulation, or law; and (ii) will cooperate with law enforcement to access to Your calls, messages and any Content transmitted by You using the Service in accordance with applicable law.

3. Responsibility for Call Recording and AI-Powered Call Analytics

(a) If You choose to use smrtPhone’s call recording feature, You expressly warrant and represent to smrtPhone that You will comply with all state and federal laws, regulations and rules prior to recording any telephone calls at all times. We make no representations or warranties with respect to call recording.  You represent, warrant and covenant that You shall always secure consent of all parties to any call made using the Services before recording. You acknowledge that the foregoing  representation, warranty and covenant is a material inducement to smrtPhone providing You with access to call recording functionality and You further agree to indemnify, defend and hold smrtPhone and its officers, directors, owners, employees, agents, consultants and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by smrtPhone arising out of or related to Your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.

(b) smrtPhone offers the option for You to enable AI-powered call analytics, which is a service provided by our partner OpenAI, Inc. AI-powered call analytics may take the form of providing call summaries, call transcriptions and action items. By enabling such AI-powered analytics, You agree to OpenAI’s Terms of Service and Privacy Policies, including that OpenAI may record and use the captured communications to train its AI models used to provide these services.We make no representations or warranties with respect to the AI-powered call analytics functionality.

By enabling AI-powered analytics, You represent and warrant that You have complied with all applicable state and federal laws, regulations and rules and that You shall secure prior consent in compliance with applicable law (e.g., wiretapping or eavesdropping laws) for all parties to any call made using the Services with enabled AI-powered call analytics to call recording and AI-powered analytics performed by OpenAI at all times.

4. Reporting Violations

Customers are encouraged to report suspected violations of this AUP by contacting smrtStudio Global, Inc. at 131 Continental Dr., Suite 305 Newark DE 19713 United States, [email protected].

5. Enforcement

smrtPhone reserves the right to:

  • Suspend or terminate services for violations of this AUP.
  • Report violations to relevant authorities as required by law.
  • Seek damages or other general remedies for AUP violations.

6. Modifications to the AUP

smrtPhone may modify this AUP at any time. Updates will be communicated via email or posted on our website. Continued use of services constitutes acceptance of the updated policy.

7. Law Enforcement

smrtPhone will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wiretaps etc., from the government under the Patriot Act, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.

8. Contact Information

For questions about this AUP, please contact: smrtStudio Global, Inc. at 131 Continental Dr., Suite 305 Newark DE 19713 United States,  [email protected].