This Acceptable Use Policy (“AUP”) governs the use of services provided by Ultatel, LLC (“Ultatel,” “we,” or “us”) by all Customers, end users, free-trial users, and any other person who accesses or uses the Services (each, a “User”). The AUP is incorporated by reference into the Master Services Agreement (“MSA”), the Service Agreement, the Website Terms of Use, and any free-trial or evaluation terms. Capitalized terms not defined in this AUP have the meanings given in the MSA or Service Agreement, as applicable.

Ultatel may update this AUP from time to time. Material changes affecting Customer’s use of the Services will be communicated through the notice mechanisms set forth in the MSA or Service Agreement. Continued use of the Services after the effective date of an update constitutes acceptance of the updated AUP.

1. General Principles

Users must use the Services lawfully, ethically, and in a manner that respects the rights of others, the integrity of Ultatel’s network, and the experience of other customers. Ultatel’s services are designed for legitimate business communications, and we expect Users to apply ordinary professional judgment when using them.

This AUP is a non-exhaustive list. Ultatel reserves the right to determine, in its reasonable discretion, whether a particular use of the Services violates this AUP, and to take the actions described in Section 12 in response.

2. Compliance with Law

Users shall comply with all applicable federal, state, local, and international laws and regulations in connection with their use of the Services, including without limitation:

• the Federal Communications Commission (“FCC”) rules, including STIR/SHAKEN caller authentication requirements, RAY BAUM’s Act, and Kari’s Law;
• the Telephone Consumer Protection Act of 1991 (“TCPA”), the Junk Fax Prevention Act of 2005, and the rules governing the National Do-Not-Call Registry;
• the CAN-SPAM Act of 2003 and analogous state and international anti-spam laws;
• 10DLC SMS registration requirements administered by The Campaign Registry and the major U.S. wireless carriers;
• Canadian Anti-Spam Legislation (“CASL”) for communications directed to recipients in Canada;
• data privacy and breach notification laws applicable to Users’ own data, including HIPAA, the CCPA, and Virginia CDPA;
• export control and sanctions laws of the United States, including those administered by the Office of Foreign Assets Control;
• call recording and consent laws, which vary by jurisdiction (some jurisdictions require all parties to consent before a call may be recorded);
• intellectual property laws, including copyright, trademark, patent, and trade secret laws.

3. Fair Use

Ultatel’s service plans labeled “unlimited” are intended for ordinary business use. Ordinary business use generally falls within the patterns observed across legitimate customers on the same plan. Use that materially exceeds those patterns, or that exhibits characteristics not consistent with ordinary business use, may be reviewed under this Section.

Indicators of use that may fall outside ordinary business use include: an unusually high volume of unique destination numbers; sustained outbound calling at rates inconsistent with the size of the User’s business; very high SMS volumes per user; excessive call forwarding or auto-attendant traffic; high international calling concentrations; or use of the Services to terminate traffic that did not originate with the User’s organization.

If Ultatel reasonably determines that a User’s use is outside ordinary business use, Ultatel will use commercially reasonable efforts to notify the User and provide an opportunity to bring the use into compliance. If the User does not promptly do so, Ultatel may move the User to a different plan with appropriate rates, apply usage-based pricing, impose volume limits, or take any other action permitted under Section 12.

4. Anti-Spam, Telemarketing, and Robocalling

Users represent and warrant that:

• they are responsible for the content of, and recipients of, all communications transmitted through the Services (“User Communications”);
• they have the legal right and any required prior express written consent to send each User Communication to its intended recipient;
• they will not transmit unsolicited advertisements, marketing, or commercial messages by voice call, SMS, MMS, fax, or internet fax in violation of the TCPA, Junk Fax Prevention Act, CASL, or similar laws;
• they will register all SMS campaigns and brands as required under 10DLC, A2P, or analogous frameworks, and will accurately represent the use case to The Campaign Registry and to wireless carriers;
• they will not transmit content prohibited by carrier rules (sometimes referred to as “SHAFT” content: Sex, Hate, Alcohol, Firearms, Tobacco) without applicable carrier approvals; and
• they will provide clear and accurate calling-line identification, will not spoof or alter caller ID information for fraudulent or harassing purposes, and will comply with STIR/SHAKEN requirements.

Ultatel may, at its discretion, deploy filters and other technologies that may delay, redirect, or block User Communications that appear to violate this AUP or applicable law.

5. Call Recording

Some features of the Services allow Users to record calls and other communications. Users are solely responsible for compliance with applicable law before recording. Some U.S. states and other jurisdictions require all parties to consent before recording. Users shall obtain all required consents and notify all participants in advance of recording, where required by law.

Ultatel disclaims all liability arising from Users’ recording of calls or communications. Users shall indemnify Ultatel against any claim arising from a User’s recording of any communication, in accordance with the indemnification provisions of the MSA, Service Agreement, or Website Terms of Use, as applicable.

6. AI and Synthetic Voice Use

Use of Ultatel’s Voice AI Agent or any other artificial intelligence, machine learning, or synthetic voice feature is subject to the following additional requirements:

• Users shall not use synthetic or cloned voice technology to impersonate any real person without that person’s prior written consent.
• Users shall not use AI-generated voice or content to defraud, deceive, manipulate, or harass any person, including by misrepresenting the identity of the caller or the source of the content.
• Users shall comply with all applicable laws governing the use of artificial intelligence in communications, including the FCC’s 2024 declaratory ruling treating AI-generated voices as “artificial or prerecorded voice” under the TCPA.
• Where required by law, Users shall provide clear disclosure to call recipients that they are interacting with an AI agent.
• Users shall not use the Services to generate, distribute, or amplify content described as “deepfakes” involving non-consenting persons, including non-consensual intimate imagery, voice impersonation of public officials in connection with elections, or content designed to deceive a recipient about a material fact.

7. Prohibited Uses

In addition to the other requirements of this AUP, Users shall not (and shall not permit any third party to):

(a) use the Services in any manner that is fraudulent, deceptive, dishonest, unlawful, defamatory, libelous, obscene, threatening, harassing, abusive, tortious, infringing, or violative of any right of any person;

(b) transmit or store any material containing viruses, time bombs, Trojan horses, worms, malware, ransomware, spyware, cryptocurrency mining code, or other harmful code;

(c) interfere with or disrupt the Services, the Ultatel network, or any third-party network or system, including by sending excessive traffic, conducting denial-of-service attacks, or attempting to overwhelm shared resources;

(d) gain or attempt to gain unauthorized access to any device, account, system, network, or User of the Services, including through password guessing, credential stuffing, social engineering, or exploitation of vulnerabilities;

(e) intercept, capture, sniff, monitor, modify, decrypt, or redirect any communication or data on the Services, except as expressly permitted under the User’s service plan and applicable law;

(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying architecture of the Services, except to the extent expressly permitted by applicable law notwithstanding such restriction;

(g) defeat, disable, or circumvent any access control, license, encryption, watermark, or security feature of the Services;

(h) resell, sublicense, or commercially redistribute the Services or grant access to the Services to any third party without Ultatel’s prior written consent (excluding ordinary use by the User’s employees, contractors, and end users);

(i) use the Services in connection with payphone services, traffic pumping, traffic stimulation, robo-dialing of toll-free numbers, or other revenue-share or arbitrage schemes;

(j) trunk, forward, or otherwise route to the Services traffic that did not originate with the User’s organization, except as expressly permitted by the User’s service plan;

(k) display or use any Ultatel trademark or logo without prior written authorization;

(l) infringe, misappropriate, or violate the intellectual property rights or rights of privacy or publicity of any person;

(m) collect or harvest personal information about other Users or any other person without that person’s consent;

(n) use the Services to monitor or surveil any person without that person’s knowledge or consent, where such consent is required by law; or

(o) use the Services in any manner that interferes with Ultatel’s ability to provide high-quality services to other customers.

8. Protected Health Information

Users shall not transmit, receive, or store Protected Health Information (“PHI”) as defined in HIPAA through the Services unless the User and Ultatel have executed a written Business Associate Agreement (“BAA”). Users requiring HIPAA-compliant services should contact their Ultatel account representative to execute the BAA before transmitting PHI through the Services. Note that customers requiring a BAA are contracted under the Master Services Agreement.

9. High-Risk Activities

The Services are not designed, intended, or authorized for use in life-support, emergency response, nuclear facility operations, air traffic control, weapons systems, or other safety-critical or fail-safe applications where failure or interruption of the Services could result in death, personal injury, or environmental damage. Users assume all risk and liability for any such use.

10. E911 Limitations

VoIP-based emergency calling has limitations distinct from traditional landline 911. Users acknowledge and accept these limitations as set forth in the E911 Disclosure at www.ultatel.com/e911 and the E911 provisions of the MSA or Service Agreement, and shall provide accurate registered location information for each device used to access the Services. Users shall notify all employees, contractors, and end users of these limitations.

11. Number Use and Porting

Users shall use telephone numbers assigned through the Services solely in connection with the location and lawful business purpose for which they were assigned. Users shall not assign or transfer numbers to third parties without Ultatel’s consent. Users may port numbers to or from Ultatel in accordance with applicable FCC rules.

12. Enforcement

If Ultatel reasonably determines that a User has violated this AUP, Ultatel may, in its discretion and without limiting any other rights:

• provide written notice and an opportunity to cure (where the violation is reasonably curable and does not pose immediate risk);
• filter, delay, or block traffic that violates this AUP;
• limit, throttle, suspend, or terminate the Services or any feature, in whole or in part;
• require the User to migrate to a different service plan with appropriate pricing;
• refer the matter to law enforcement or regulatory authorities, where applicable;
• recover from the User any costs, fines, penalties, or damages incurred by Ultatel as a result of the violation, subject to the limitations set forth in the MSA or Service Agreement; and
• terminate the MSA, Service Agreement, or the User’s account in accordance with the applicable termination provisions.

Violation of this AUP constitutes a material breach of the MSA, Service Agreement, Website Terms of Use, or any free-trial agreement, as applicable. In cases involving imminent risk to the Ultatel network, other customers, or the public, Ultatel may take immediate enforcement action without prior notice.

13. Indemnification

Users shall indemnify, defend, and hold harmless Ultatel and its officers, directors, employees, and affiliates from and against any third-party claims, damages, fines, penalties, or liabilities arising from a User’s breach of this AUP, in accordance with the indemnification provisions of the applicable governing agreement.

14. Reporting Violations

To report a suspected violation of this AUP, contact abuse@ultatel.com. Reports should include relevant details (caller ID, timestamps, recipient information, content) to assist Ultatel’s investigation.

15. Relationship to Other Agreements

This AUP is incorporated by reference into the MSA, Service Agreement, and the Website Terms of Use. In the event of a conflict between this AUP and the applicable governing agreement, the order of precedence set forth in such agreement shall apply.