Acceptable use.

1Scope & who this covers

This Acceptable Use Policy ("AUP") applies to all customers, users, and anyone who accesses or uses the Fivra platform, APIs, integrations, or any related service (collectively the "Service"). It covers:

• SMS broadcasts, individual messages, and two-way reply threads sent through the Service.
• Outbound and inbound calls placed or received using Fivra's dialer.
• Contact lists, imported data, and any content you upload, generate, or store in the Service.
• Integrations, API usage, and any automation you build on top of the Service.

You are responsible for ensuring that everyone who accesses the Service under your account — including employees, contractors, and any sub-users — complies with this policy.

2Permitted uses

Fivra is intended for business-to-business and business-to-consumer outreach where you have a lawful basis to contact recipients. Permitted uses include:

• Sales outreach — contacting prospects who have provided prior express consent or with whom you have an established business relationship, in compliance with applicable law.
• Customer communications — appointment reminders, follow-ups, support check-ins, and transactional messages to existing customers.
• Marketing campaigns — promotional messages to contacts who have given prior express written consent (PEWC) as required by the TCPA and equivalent laws.
• Internal operations — team coordination, lead management, and workflow automation tied to legitimate business activities.

All permitted use must comply with applicable federal, state, and local laws including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state STOP rules, and any equivalent regulations in the jurisdictions where you operate.

3Prohibited content

You may not use the Service to send or facilitate any message, call, or content that:

Illegal or harmful content

• Violates any federal, state, or local law or regulation, including telecommunications, consumer protection, and privacy laws.
• Constitutes, promotes, or facilitates fraud, phishing, identity theft, or any other deceptive practice.
• Threatens, harasses, abuses, or stalks any individual.
• Contains child sexual abuse material (CSAM) or sexually exploits minors in any way.
• Promotes, facilitates, or instructs in violence, terrorism, or self-harm.

Deceptive or misleading content

• Misrepresents your identity, your organization, or the purpose of the communication — including spoofing caller ID or sender identity.
• Contains false or materially misleading statements about a product, service, or offer.
• Impersonates Fivra, a government body, a financial institution, or any other organization or individual.
• Uses urgency, fear, or pressure tactics designed to coerce a recipient into an action against their interest.

Spam & unsolicited outreach

• Sends unsolicited commercial messages (spam) to contacts who have not provided the required level of consent.
• Uses purchased, scraped, or harvested contact lists where consent cannot be documented.
• Sends messages at a volume or frequency designed to overwhelm, annoy, or harass recipients.
• Circumvents opt-out requests or re-contacts individuals who have requested to be removed.

Regulated or high-risk content

• Promotes or sells cannabis, CBD, or any controlled substance, regardless of local legal status, unless Fivra has explicitly approved the use case in writing.
• Contains sexually explicit or adult content of any kind.
• Promotes gambling, sweepstakes, or games of chance without prior written approval and evidence of required licenses.
• Advertises firearms, ammunition, or weapons accessories in violation of applicable law.
• Promotes or sells prescription drugs, unapproved supplements, or any product making unsubstantiated health claims.
• Solicits cryptocurrency investments or promotes get-rich-quick, multi-level marketing, or pyramid schemes.

4Prohibited industries & business types

Fivra does not onboard or provide service to the following business categories, regardless of intended use:

• Debt collection — third-party debt collectors subject to the FDCPA, unless explicitly pre-approved with documented compliance controls.
• Payday & high-interest lending — short-term, high-rate loan products targeting financially vulnerable consumers.
• Cannabis dispensaries & delivery — retail or delivery operations involving cannabis or THC products.
• Adult entertainment — websites, subscription services, or businesses whose primary offering is adult content.
• Nutraceutical & supplement pyramid schemes — multi-level marketing schemes structured primarily around recruitment rather than product sales.
• Political campaigns & PACs — campaigns, committees, or organizations sending political messaging at scale, which requires specific carrier compliance configurations not currently supported.
• Charities using high-pressure tactics — fundraising operations that use misleading urgency, manufactured deadlines, or deceptive matching claims.
• Credit repair & debt settlement — businesses that charge upfront fees to repair credit or settle debts on behalf of consumers.
• Lead aggregators reselling contact data — businesses whose primary model is acquiring and reselling contact lists to third parties for outreach purposes.

If your industry is listed above and you believe your specific use case is compliant, contact hello@fivrasms.com before applying. Exceptions require written approval and may include additional compliance requirements.

5Messaging rules

All SMS and MMS messages sent through the Service must comply with the following rules in addition to applicable law:

Consent

• You must have prior express written consent (PEWC) before sending any marketing or promotional message to a consumer. Consent must be documented and available on request.
• Transactional and informational messages require at minimum prior express consent from the recipient.
• Consent obtained through deceptive means, pre-checked boxes, or buried fine print is not valid.
• Consent is per-sender — consent given to one company does not transfer to another, even under the same ownership.

Identification & content

• Every message must clearly identify your business by name.
• Marketing messages must include opt-out instructions (e.g., "Reply STOP to unsubscribe") in the initial message and upon request.
• Messages may not contain URL shorteners that obscure the destination domain in a way intended to evade carrier filtering.
• Message content must match the nature of the consent obtained — you cannot send promotional content on a consent obtained for transactional purposes.

Timing & volume

• Messages to consumers must be sent only between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone, unless the recipient has specifically consented to contact outside those hours.
• Message volume must be proportionate to the size and engagement of your audience. Abnormal delivery rates, reply rates, or opt-out rates may trigger automatic review.
• You may not artificially inflate send volume, cycle through phone numbers to evade carrier limits, or use multiple accounts to circumvent rate limits.

Opt-outs

• You must honor opt-out requests immediately and permanently. STOP (and equivalent keywords: UNSUBSCRIBE, CANCEL, QUIT, END) must be processed within the same business day, and in no case later than 24 hours after receipt.
• You may not send any further marketing messages after an opt-out, except a single confirmation message.
• You may not penalize, limit service to, or discriminate against any person who exercises their right to opt out.

6Dialer & calling rules

Use of Fivra's power dialer is subject to the following rules in addition to applicable law:

• Manual dialing only — Fivra's dialer is a manual click-to-call tool. You may not use it, or any integration or automation layered on top of it, to auto-dial numbers without human initiation of each call.
• Caller ID — you must present an accurate, working callback number as your caller ID. Spoofing, rotating, or masking caller ID to evade identification or DNC enforcement is prohibited.
• Abandoned call rate — if using any preview-dial or sequential-dial configuration, your abandoned call rate (calls connected to a live person but not answered by an agent within two seconds of the person's greeting) must not exceed 3% over a 30-day period, as required by the FTC Telemarketing Sales Rule.
• Calling hours — outbound calls to consumers must be placed only between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone.
• Call recordings — where you enable call recording, you are solely responsible for providing legally required disclosures and obtaining consent under applicable one-party or two-party (all-party) consent laws in both the caller's and recipient's jurisdictions.
• Call monitoring — use of Fivra's listen, whisper, and barge features is limited to legitimate supervisory purposes within your organization. You may not use monitoring features to eavesdrop on calls without the knowledge of at least one party as required by law.
• Local Presence — use of Local Presence (area-code matched DIDs) is permitted for legitimate sales outreach. It may not be used to mislead recipients about the geographic origin of a call, misrepresent a local affiliation, or evade carrier-level blocking.

7Do-Not-Call compliance

You are responsible for Do-Not-Call (DNC) compliance for all outreach conducted through the Service. Fivra provides tools to assist — including built-in DNC scrubbing against the National DNC Registry via our integration with Apeiron — but compliance obligations are yours.

• Federal National DNC Registry — you must scrub your contact lists against the National Do Not Call Registry before contacting any consumer number. Fivra's DNC check does not replace your obligation to maintain a subscription to the Registry or to honor its records.
• State DNC lists — many states maintain their own DNC lists with stricter rules. You are responsible for identifying and scrubbing against applicable state lists for any state where you conduct outreach.
• Internal DNC list — you must maintain an internal DNC list for all persons who have requested not to be called, and honor those requests indefinitely. Fivra records opt-outs and STOP signals at the platform level; you must also maintain your own records.
• Safe harbor — to qualify for safe harbor under FTC rules, you must access the National DNC Registry no more than 31 days before making a call and must have procedures in place to prevent calls to registered numbers.
• B2B exemption — calls and messages to business phone numbers for the purpose of business-to-business sales are generally exempt from the National DNC Registry. This exemption does not apply to consumers who happen to use a business number, and it does not override state law or the recipient's explicit opt-out request.

8Contact list obligations

You are solely responsible for the contact lists and data you import into Fivra. By uploading a list, you represent and warrant that:

• You have a lawful basis to contact each individual on the list, including the required level of consent for the type of outreach you intend to conduct.
• The list was collected lawfully — you did not purchase, scrape, harvest, or acquire it through deceptive means.
• Each phone number on the list has been checked against the National DNC Registry (for consumer outreach) within the past 31 days.
• You have removed any numbers that are associated with a prior opt-out, STOP request, or DNC registration on your internal suppression list.
• You will not re-import numbers that have previously opted out, filed complaints, or been flagged by Fivra as high-risk.

Fivra reserves the right to reject or quarantine lists that appear to contain a high proportion of unverified, inactive, or flagged numbers, and to require documentation of consent practices before activating a campaign.

9Enforcement

Fivra monitors usage patterns, complaint rates, carrier signals, and opt-out ratios for signs of policy violations. When we identify or receive a credible report of a violation, we may take any of the following actions, at our sole discretion and without prior notice if the situation warrants it:

• Warning — a formal notice that a violation has been identified, with a required remediation step and timeline.
• Campaign pause — immediate suspension of active broadcasts or dialing campaigns pending review.
• Account suspension — temporary suspension of your account pending investigation or remediation.
• Account termination — permanent termination of your account and forfeiture of any unused credits or prepaid amounts where permitted by the Terms of Service.
• Carrier reporting — reporting of your numbers and traffic patterns to telecom carriers, industry bodies (e.g., the RND), or law enforcement where required or appropriate.
• Legal action — referral to law enforcement or initiation of civil proceedings where violations result in harm to Fivra, its carriers, or recipients.

Fivra will generally attempt to notify you before taking action, except where doing so would risk harm to others, violate a legal obligation, or allow you to continue or conceal the violation. Repeated or severe violations will result in immediate and permanent termination.

You may appeal an enforcement action by contacting hello@fivrasms.com within 10 days of the action. Appeals are reviewed at our discretion and do not guarantee reinstatement.

10Reporting violations

If you believe another Fivra customer is violating this policy — or if you have received unwanted messages or calls originating from the Service — please report it to hello@fivrasms.com with as much detail as possible, including:

• The phone number that sent or called you.
• The date, time, and content of the message or call.
• Any screenshots or recordings you have.

We investigate all credible reports and will take appropriate action. We may not be able to disclose the outcome of an investigation due to confidentiality obligations, but all reports are reviewed.

11Changes to this policy

We may update this policy as the regulatory landscape, carrier rules, or our platform evolves. We will post the updated version here with a revised "Last updated" date. For material changes, we will provide additional notice — for example, by email or an in-dashboard banner — at least 14 days before the change takes effect, unless an emergency (such as a regulatory requirement or carrier mandate) requires a shorter timeline. Continued use of the Service after the effective date of a change means you accept the revised policy.

12Contact us

Questions about this policy, requests for exception approvals, or reports of violations:

• Email: hello@fivrasms.com
• Mailing address: [Company Legal Name] · 44 Wall Street, Suite 905, New York, NY 10005