Acceptable Use Policy

[Last updated July 27, 2023]

You must follow this Acceptable Use Policy (“AUP”) when accessing or using LeadSimple Inc.’s website(s) or web services (the “Services”).  By accessing or using the Services, you agree to this AUP and the Terms of Use. If you do not agree, you may not access or use the Services. We reserve the right to suspend or terminate Accounts of any user who violates this AUP. Unless otherwise defined in this AUP, terms used in this AUP have the same meanings as in our Terms of Service.

LeadSimple Inc. (“we”, “us” or “our”) reserve the right to change or modify this AUP at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of this AUP. By continuing to access and use the Services after our notice, you confirm your acknowledgement and acceptance of the revised AUP. If you do not agree, then you are not authorized to access or use the Services.

The Service utilizes Twilio for calling and text messaging and our numbers are provided by Twilio and subject to Twilio’s policies. By using the Service, you agree to Twilio’s Messaging Policy and Twilio’s Acceptable Use Policy. Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines, Twilio’s Privacy Notice and help articles: U.S. Carrier Penalties for Non-Compliant Messaging, Forbidden message categories for SMS and MMS in the US and Canada. Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements.

Prohibited Content

You agree that you will not use the Service to transmit or store any content or communications that contain prohibited content, including, but not limited to:

  • Inappropriate content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. All content must be legal across all 50 U.S. states, the District of Columbia and all Canadian provinces, as applicable.
  • SPAM (i.e., unwanted messages such as but not limited to unsolicited bulk commercial messages), as defined here: Spamhaus website.
  • Marketing Content sent to recipients on paid or rented lists (of any form) or sent to List brokers (of any form) for distribution by them
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
  • Fraudulent or misleading messages;
  • Depictions or endorsements of violence, or promoting, endorsing or facilitating hate speech or discrimination against people based on race, ethnicity, religion, age, gender or identity expression, sexual orientation, marital or parental status, disability, veteran status or any other characteristic;
  • Other content not allowed by U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) and Canadian Carriers, such as: high-risk financial services (payday loans, short term-high interest loans, third party mortgage loan, student loans, third party auto loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, prescription medications, gambling, and certain categories without proper age gating procedures (i.e. firearms, alcohol, tobacco (vaping is prohibited)); or
  • In our sole judgment, messages or content that are objectionable or that restrict or inhibit any other person from using or enjoying his or her device or email or other communications service, or that may expose us or others to any harm or liability of any type.

Prohibited Actions

You agree that you will not use the Service to violate any law, rule, regulation or third party right. In addition, you agree not to:

  • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in any message created or sent using the Service; or,
  • Share your Account credentials with anyone.

Telephone Communication Compliance Requirements

You must comply with all Applicable Laws in the United States including, but not limited to:

  • The FTC Act’s “Truth in Advertising” Rules and Section 5 of the FTC Act 15 U.S.C. § 45
  • The Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227
  • The FCC Telemarketing Regulations implementing the TCPA, 47 C.F.R. § 64.1200, and FCC declaratory rulings and orders
  • Telemarketing Consumer Fraud and Abuse Prevention Act (the Telemarketing Act), 15 U.S.C. §§ 6101 et seq.
  • The FTC’s Telemarketing Sales Rule (TSR) implementing the Telemarketing Act, 16 C.F.R. §§ 310.1 et seq.
  • The National Do-Not-Call Registry established by the Federal Communications Commission, 47 C.F.R. § 64.1200, and the Federal Trade Commission, 16 C.F.R. § 310.4, which can be accessed at https://www.donotcall.gov
  • State Do-Not-Call Registries
  • State telemarketing  and do-not-call laws and regulations that impose additional requirements as well as more restrictive requirements than the federal laws and regulations referenced above
  • State laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording, as some states require you to obtain consent from all parties to record a conversation
  • Applicable carrier guidelines (e.g. T-Mobile Code of Conduct) or wireless industry guidelines and standards including, without limitation, the CTIA’s Messaging Principles and Best Practices, the CTIA’s Short Code Monitoring Handbook, and the Mobile Marketing Association’s Consumer Best Practices (collectively, CTIA Policies)

U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. This means the consent requirements for sending SMS messages through U.S. Carrier networks may exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US.

You also must comply with all Applicable Laws in Canada, including, but not limited to:

  • The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules;
  • The Unsolicited Telecommunications Rules (the Rules) in Telecom Decision 2007-48 and additions and modifications to the Rules in subsequent decisions;
  • The National Do Not Call List Rules;
  • The Personal Information Protection and Electronic Documents Act (PIPEDA) rules related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; and
  • Provincial or territorial laws that impose more restrictive requirements than the federal laws and regulations referenced above.

You further agree that at LeadSimple’s sole option and without further notice, LeadSimple may use technologies and procedures, such as filters, that may terminate any services or communications, including but not limited to unsolicited advertisements, transmitted in violation of Applicable Law, without delivering them. LeadSimple may immediately terminate your right to use the Services without liability of any kind in the event of a breach of the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP.

Email Communication Compliance Requirements

In order to use the Service in the United States, you must comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), which means that each commercial e-mail sent using the Service must contain:

  • header information that is not false or misleading;
  • a valid physical postal address of the sender;
  • a clear and conspicuous identification that the message is an advertisement or solicitation;
  • a clear and conspicuous explanation of how the recipient can opt-out of future communications from the sender;
  • an opt-out mechanism that complies with applicable law, which must be honored within ten business days of receipt.

You are responsible for complying with the content prohibitions as set forth in CAN-SPAM.

If you use the Service to send from or to Canadian computers and devices in Canada, then you must comply with the Canadian Anti-Spam Law (“CASL”), and related regulations applicable to commercial electronic messages. A commercial email message (“CEM”) includes any email message, text/SMS message, or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. CASL requires consent to send a CEM and requires that all CEMs meet prescribed form, content, and disclosure requirements.

For detailed explanations, see Canada’s Anti-Spam Legislation on the Canadian Radio-television and Telecommunications Commission’s (CRTC) website. Guidance from the CTRC regarding consent can be found at: Interpreting the Electronic Commerce Protection Regulations; Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent.

SMS and Text Message Communication Compliance Requirements

You agree to implement and follow industry guidelines when sending SMS or text messages. Specifically, you must comply with all of the applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), including but not limited to the CTIA Short Code Monitoring Handbook (Version 1.7 or later) and the CTIA Messaging Principles and Best Practices (2019 version or later). If you use the Services to send texts/SMS messages in Canada, then you must comply with certain industry guidelines and mobile operator policies, such as the Canadian Wireless Telecommunications Association’s Canadian Common Short Code Application Guidelines (“CWTA Guidelines”).

We do not allow you to use the Services to send SMS or text messages regarding:

  • credit repair programs, debt collection, debt consolidation, or debt reduction;
  • sweepstakes;
  • risk investment opportunities; or
  • third-party recruitment or job-seeking services.

Due to increased regulation of SMS and text messages, the consequences for not following these rules can be quite severe, with penalties in the U.S. of up to $10,000 per violation, as assessed by the mobile carrier.

Reporting Violations of this AUP

Violations of this AUP, including any prohibited content or communications, may be reported to support@leadsimple.com. You agree to report any violation of this AUP to us, as soon as reasonably possible, and provide cooperation, as requested by us, to investigate and/or remedy that violation.

Disclaimer and Waiver of Liability for Breach of AUP

LeadSimple expressly disclaims all liability with respect to your failure to comply with the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify LeadSimple from and against any damages or liabilities of any kind related to your failure to comply with the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP.

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