Acceptable Use Policy

Last Updated: June 4, 2025

 

This Acceptable Use Policy (“AUP”) governs how you may use the Nexdial platform, services, APIs, and related infrastructure (collectively, the “Services”). This AUP is incorporated by reference into your Terms and Conditions of Service (“Terms”) and forms a binding part of your agreement with Nexdial, Inc. (“Nexdial,” “we,” “us,” or “our”).

Nexdial provides AI-powered outbound dialing technology. The integrity of the platform — and the safety of the people reached through it — depends on every customer and user operating within these boundaries. Violations may result in immediate account suspension, termination, and legal action.

Violations of this AUP may result in immediate suspension or termination of your Services without notice or refund, referral to law enforcement, and civil or criminal legal action.

 

1. Scope & Applicability

This AUP applies to:

• All registered users and Authorized Users of the Nexdial platform
• All outbound calling and messaging campaigns initiated through the Services
• All Contact Data uploaded to or processed by the Services
• All API integrations and third-party connections made through the Services
• Any use of Nexdial’s AI dialer, soundboard, NLP engine, appointment bot, or any other feature

This AUP applies globally. Where specific laws of a jurisdiction impose additional requirements beyond this AUP, those requirements apply in addition to (not instead of) the terms set out here.

 

2. Telephone & Telemarketing Law Compliance

2.1  Telephone Consumer Protection Act (TCPA) — 47 U.S.C. § 227

All campaigns conducted through Nexdial must comply fully with the TCPA. You must:

• Obtain prior express written consent from every individual before placing an autodialed, prerecorded, or AI-generated call or text to a wireless or residential telephone number for non-emergency purposes.
• Maintain documentation of all consents collected, including the date, time, method of consent, and the specific communications consented to. Such records must be retained for a minimum of 5 years.
• Honor opt-out requests immediately and within no more than 30 business days update all systems and lists to reflect the opt-out.
• Never call numbers on the National Do Not Call (DNC) Registry unless you have a prior established business relationship or specific written permission from the consumer.
• Never exceed the permitted call abandonment rate of 3% of answered calls (measured per 30-day campaign).
• Ensure all outbound calls provide a callback number or address where the consumer can reach you to request cessation of calls.
• Never place calls using the Services to collect a debt or for debt collection purposes unless expressly authorized by Nexdial and in full compliance with the Fair Debt Collection Practices Act (FDCPA).

A single TCPA violation can result in statutory damages of $500–$1,500 per call or text. Class actions under the TCPA regularly result in multi-million dollar settlements. You bear full, independent legal liability for all TCPA violations arising from your use of Nexdial.

2.2  FCC Regulations

• Caller ID must accurately identify you or your business. You may not spoof, falsify, or otherwise misrepresent caller ID information. Violations of the Truth in Caller ID Act (47 U.S.C. § 227(e)) are federal offenses subject to civil penalties of up to $10,000 per violation.
• All calls placed through Nexdial’s infrastructure are subject to STIR/SHAKEN digital call authentication. You must not take any action to circumvent, undermine, or manipulate call authentication certificates.
• You must not use the Services in any manner that triggers carrier-level call blocking or spam-flagging, or that systematically generates invalid or disconnected calls.

2.3  FTC Telemarketing Sales Rule (TSR) — 16 C.F.R. Part 310

• If your campaigns constitute telemarketing, you must comply with the TSR in full, including prohibitions on deceptive or abusive practices, disclosure requirements, and the requirement to transmit truthful caller ID.
• Internal company-specific DNC lists must be established, maintained, and applied to every telemarketing campaign. These lists must be updated within 30 days of any opt-out request and honored for a minimum of 5 years.
• You may not call numbers registered on the National DNC Registry that have been registered for more than 31 days, absent a valid exemption (established business relationship within 18 months, personal relationship, or prior written consent).

2.4  State Telemarketing & DNC Laws

In addition to federal requirements, you must comply with applicable state telemarketing laws. States with additional requirements include (but are not limited to):

• California: California Consumer Protection Laws; California DNC Registry; all-party call recording consent (Penal Code § 632).
• Florida: Florida Do Not Call Act (§ 501.059); all-party call recording consent (§ 934.03).
• Texas: Texas Business and Commerce Code § 302; Texas DNC Registry.
• Indiana, Pennsylvania, Wisconsin, Wyoming, and others: State DNC registries require separate scrubbing.
• All-party consent states for call recording: California, Florida, Illinois, Maryland, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington — consent of all parties must be obtained and documented.

 

3. Contact Data Standards

3.1  Lawful Collection

All Contact Data uploaded to or used in connection with the Services must:

• Have been collected by lawful means and in compliance with all applicable laws, including the TCPA, CAN-SPAM Act, and applicable state laws.
• Be accompanied by documented proof of consent where required by law (especially for wireless numbers).
• Not have been purchased from, or obtained through, any source that cannot verify the lawful basis for collection of each record.
• Not include numbers of individuals who have previously revoked consent or opted out of communications from you.

3.2  List Hygiene Requirements

• Contact lists must be scrubbed against the National DNC Registry within 31 days before campaign launch.
• Applicable state DNC registries must be scrubbed as required by each state’s law.
• Internal opt-out lists must be applied before every campaign send.
• Duplicate records and invalid numbers should be removed to minimize unnecessary attempted contacts.
• Nexdial’s AMD (Answering Machine Detection) feature is provided as a technical tool — it does not substitute for lawful consent or DNC scrubbing.

3.3  Prohibited Data Sources

You may not upload Contact Data obtained from:

• Web scraping, data harvesting, or automated data collection without explicit consent
• Purchased or rented lists where consent documentation cannot be verified
• Any source where individuals did not affirmatively consent to receive calls or texts from your company specifically
• Children under the age of 18

 

4. Campaign Content Standards

4.1  Truthfulness & Non-Deception

All communications initiated through the Services must be truthful, non-deceptive, and not misleading. You must not:

• Misrepresent your identity, your company’s identity, or the purpose of the call
• Use false or misleading statements about products, services, pricing, terms, or availability
• Imply government affiliation, authority, or endorsement that does not exist
• Use urgent or threatening language designed to pressure consumers into immediate decisions

4.2  AI Disclosure Requirements

Nexdial’s AI dialer conducts human-like conversations using NLP technology. You must ensure that:

• If a consumer directly and sincerely asks whether they are speaking with a human or an AI, the call must not affirmatively deny the AI nature of the interaction in a deceptive manner.
• Calls initiated by the AI dialer include appropriate identification disclosures as required by the TCPA and FCC rules (company name, callback number).
• The AI is not used to deceive consumers about the nature of the communication in any way that violates applicable law, including the FTC Act’s prohibition on unfair or deceptive acts and practices (15 U.S.C. § 45).

As of 2024, the FCC has issued guidance affirming that AI-generated voice calls are subject to TCPA restrictions. Nexdial will update this policy as federal and state regulations governing AI voice calls evolve.

4.3  Prohibited Campaign Content

You may not use the Services to conduct campaigns that involve:

• Debt collection communications, unless expressly authorized by Nexdial and in full compliance with the FDCPA
• Political robocalls to numbers without prior express written consent
• Healthcare or medical solicitations to patients without proper HIPAA authorization
• Investment solicitations that violate SEC or FINRA regulations
• Lottery, prize, or sweepstakes promotions that violate applicable state laws
• Adult content, explicit material, or any content inappropriate for a general audience
• Content designed to facilitate phishing, vishing, fraud, or financial scams of any kind

 

5. Technical & Platform Use Standards

5.1  Fair Use of Platform Resources

• You must not use the Services in a manner that places unreasonable or disproportionate load on Nexdial’s infrastructure, as determined by Nexdial in its reasonable discretion.
• Bulk uploading of Contact Data must be done through supported import mechanisms only.
• API usage must comply with Nexdial’s published API rate limits and terms.

5.2  Prohibited Technical Activities

You must not:

• Attempt to probe, scan, or test the vulnerability of the Nexdial platform or any network connected to it
• Attempt to breach or circumvent authentication, security, or access control measures
• Introduce malware, viruses, Trojan horses, worms, or other destructive or disruptive code
• Use the Services to launch denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the platform
• Intercept, redirect, or monitor communications transmitted through the platform without authorization
• Use automated tools (bots, scrapers, crawlers) to access the platform other than through Nexdial’s approved APIs

5.3  Account & Credential Security

• You are responsible for all activity that occurs under your account credentials.
• Do not share account credentials with unauthorized individuals inside or outside your organization.
• Do not create multiple accounts to evade usage limits, suspensions, or bans.
• Report any suspected account compromise to support@nexdial.com immediately.

 

6. Prohibited Uses — Comprehensive List

In addition to the specific prohibitions above, the following uses of the Services are strictly prohibited regardless of jurisdiction or stated intent:

6.1  Illegal & Harmful Conduct

• Any use that violates applicable local, state, federal, or international law or regulation
• Facilitating, promoting, or enabling illegal discrimination based on race, color, religion, sex, national origin, disability, age, or any other protected characteristic
• Human trafficking, exploitation, or any communication designed to facilitate physical harm
• Stalking, harassment, intimidation, or threats toward any individual or group
• Communications designed to facilitate or promote terrorism, extremism, or violence

6.2  Fraud & Deception

• Impersonating any person, company, government agency, or other entity
• Phishing — attempting to obtain credentials, financial information, or other sensitive data by deceptive means
• Vishing — conducting fraudulent voice calls designed to trick recipients into divulging personal or financial information
• Operating or supporting advance-fee fraud (“419” scams) or any other financial fraud scheme
• Misrepresenting the affiliation, identity, or authorization of any caller

6.3  Spam & Unsolicited Communications

• Sending unsolicited commercial messages to individuals who have not consented to receive them
• Circumventing DNC protections through call rotation, number spoofing, or other evasion tactics
• Using the platform to send bulk unsolicited SMS or text messages
• Re-contacting individuals who have opted out or revoked consent

6.4  Intellectual Property & Privacy Violations

• Uploading or transmitting content that infringes any patent, copyright, trademark, trade secret, or other intellectual property right
• Processing personal data in violation of applicable data protection laws, including without consent where required
• Collecting or using biometric information without appropriate disclosure and consent

 

7. Monitoring & Enforcement

7.1  Nexdial’s Right to Monitor

Nexdial reserves the right (but assumes no obligation) to monitor use of the Services for compliance with this AUP. Monitoring may include review of call metadata, campaign configurations, connection rates, call patterns, and complaint data. Nexdial will not monitor the content of individual conversations except as required to investigate specific AUP violations or as permitted by the Privacy Policy.

7.2  Reporting Violations

To report a suspected AUP violation, contact Nexdial at:

• Email: support@nexdial.com (include “AUP Violation Report” in the subject line)
• Phone: (863) 434-7257
• Nexdial takes all violation reports seriously and will investigate and respond promptly.

7.3  Enforcement Actions

Upon discovering or receiving notice of an AUP violation, Nexdial may, at its sole discretion:

• Issue a warning and require corrective action within a specified timeframe
• Temporarily suspend the offending campaign or feature
• Suspend the customer’s account pending investigation
• Permanently terminate the customer’s account without refund
• Remove or disable access to Contact Data or campaign materials
• Report the violation to relevant regulatory authorities (FCC, FTC, state attorneys general, or law enforcement)
• Seek injunctive relief or damages in court

7.4  Cooperation with Authorities

Nexdial will cooperate with government, law enforcement, and regulatory authorities in connection with investigations of potential violations of law involving the use of our Services. This includes disclosing customer information where lawfully required to do so.

 

8. Customer Liability

Nexdial is a technology provider and platform operator. You are fully, independently, and solely responsible for:

• All communications you initiate using the Services
• Compliance with the TCPA, FCC rules, FTC TSR, and all applicable state telemarketing and DNC laws
• Obtaining all required consents from called parties before initiating campaigns
• The accuracy, lawfulness, and appropriateness of all Contact Data you upload
• The content of all scripts, AI prompts, soundboard recordings, and communications
• Any regulatory investigations, fines, penalties, or litigation arising from your campaign activities

Nexdial’s provision of technology does not make Nexdial a co-initiator of your calls for TCPA or FCC liability purposes. However, Nexdial reserves all rights to cooperate with regulatory investigations and to seek contribution or indemnification where Nexdial incurs liability as a result of your violations.

 

9. Updates to This Policy

Nexdial may update this AUP from time to time to reflect changes in law, regulation, industry standards, or platform capabilities. We will provide at least 30 days’ advance notice of material changes via email and in-platform notification. Your continued use of the Services after the effective date of any update constitutes your acceptance of the revised AUP.

 

10. Contact & Compliance Inquiries

For questions about this AUP, compliance requirements, or to report a violation:

 

Nexdial, Inc.

Email: support@nexdial.com

Phone: (863) 434-7257

Website: www.nexdial.com

 

If you have questions about how to structure your campaigns to comply with the TCPA, FCC regulations, or applicable state telemarketing laws, we strongly recommend consulting with qualified legal counsel experienced in telecommunications and consumer protection law.