Acceptable Use Policy

Fonema Inc. Last updated: March 30, 2026

1. Purpose and Scope

This Acceptable Use Policy ("Policy") sets forth the prohibited uses and rules of conduct applicable to all customers ("You" or "Customer") of Fonema Inc. ("Fonema", "We", "Our"), an AI voice agent platform that offers automated phone call services, WhatsApp messages, and web chat widgets.

This Policy applies to all access and use of Fonema's services, including APIs, applications, and any content or data transmitted through the platform.

By using Fonema's services, you agree to comply with this Policy. Non-compliance may result in immediate suspension or termination of access to the services.

2. Prohibited Uses

2.1 Spam and Unlawful Calls

It is strictly prohibited:

Making unsolicited calls, telephone spam, or unauthorized robocalls
Failing to comply with applicable telemarketing laws, including:
Telephone Consumer Protection Act (TCPA) in the United States
Federal Telecommunications and Broadcasting Law (LFTR) in Mexico
Local telecom and consumer protection regulations in all Latin American countries where it operates
Making calls during prohibited hours or to numbers on "Do-Not-Call" registries
Failing to meet prior consent requirements for commercial or marketing calls
Making multiple calls to the same number without explicit consent

2.2 Identity Spoofing and Impersonation

Prohibited activities include:

Falsifying, concealing, or manipulating caller ID (Caller ID spoofing)
Impersonating a person, company, government agency, or service to deceive or defraud
Using third-party names, logos, or brands without authorization
Creating false or fraudulent profiles
Leading the recipient to believe they are speaking with a real person when it is an AI agent (without fulfilling disclosure obligations; see section 2.12)

2.3 Fraud, Phishing, and Social Engineering

Prohibited activities include:

Executing fraud schemes, scams, or phishing attacks
Requesting financial information, credentials, or personal data through deception
Using the platform for social engineering or manipulation
Falsifying documents or making false claims to obtain financial benefits
Running pyramid schemes, fake job scams, or similar schemes

2.4 Harassment, Threats, and Abusive Content

It is prohibited to:

Harassing, intimidating, threatening, or discriminating against any person or group
Transmitting hateful, violent, sexually explicit, or abusive content
Making unsolicited commercial sexual spam calls
Using the platform for cyberbullying, cyber scams, or persistent harassment
Transmitting threatening or coercive messages

2.5 Emergency Services

Fonema is NOT an emergency service. It is strictly prohibited to:

Using the platform for emergency calls (911, 112, 066 in Mexico, or local equivalents)
Interfering with, diverting, or simulating emergency calls
Reporting false emergencies
Using the platform instead of contacting competent authorities in real emergency situations

If you need to report an emergency, please contact local authorities directly.

2.6 Illegal Activities

It is prohibited to use the platform for:

Any activity that is illegal under federal, state, local, or international law
Drug, weapons, controlled substance, or illegal goods trafficking
Sexual or child exploitation
Money laundering or financing of illicit activities
Tax evasion or tax fraud
Non-compliance with trade sanctions or international embargoes

2.7 Violation of Telecommunications Regulations

Prohibited:

Violating call recording regulations (unilateral vs. bilateral consent depending on jurisdiction)
Manipulating phone numbers or routing information
Conducting denial-of-service (DDoS) attacks against telecom infrastructure
Interfering with or sabotaging telecommunications networks
Circumventing technical restrictions or security measures

2.8 Circumvention of Technical Limitations and Security

Prohibited:

Attempting to hack, crack, or infiltrate Fonema's systems
Bypassing or disabling security, authentication, or verification controls
Using malware, spyware, keyloggers, or similar tools
Conducting penetration tests without prior written consent
Disclosing security vulnerabilities to third parties without following our responsible disclosure process

2.9 Unauthorized Resale and Sublicensing

Prohibited:

Reselling, sublicensing, or sharing access to Fonema's services with third parties without written authorization
Using the platform as a telecommunications service for third parties
Acting as an unauthorized reseller or distributor

2.10 Unauthorized Collection of Personal Data

Prohibited:

Collecting, storing, or processing personal data of individuals without valid consent
Using the platform to build non-consented contact databases
Recording calls without complying with local recording consent requirements
Selling, renting, or sharing collected personal data without authorization

2.11 Unauthorized Surveillance and Monitoring

Prohibited:

Using the platform for surveillance or monitoring of individuals without consent and without legal basis
Recording or monitoring private conversations without required consent
Using the platform for unauthorized tracking, monitoring, or locating

2.12 Intellectual Property Rights Violation

Prohibited:

Transmitting content that infringes patents, copyrights, trademarks, or trade secrets
Infringing copyrights of music, videos, images, or other protected content
Using third-party content without a license or permission

2.13 Mandatory AI Disclosure

Critical requirement: Every Customer MUST clearly disclose to end-users that they are interacting with an artificial intelligence agent, not a human.

This disclosure must:

Occur before or at the beginning of the conversation
Be clear, accessible, and understandable in the user's language
Explicitly state that the communication is automated
Comply with emerging regulations, including:
Article 50 of the European Union AI Act (transparency in AI interactions)
Local regulations in jurisdictions where the agent operates
Consumer protection laws requiring automation disclosure

Failure to comply with this obligation constitutes a serious violation of this Policy.

3. Compliance Obligations

3.1 Applicable Telecommunications Laws

The Customer must comply with ALL applicable laws, regulations, and ordinances, including but not limited to:

In the United States:

Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227)
Federal Communications Commission (FCC) Regulations
State call privacy and recording laws

In Mexico:

Federal Telecommunications and Broadcasting Law (LFTR)
Federal Consumer Protection Law
COFETEL/IFT technical standards
Regulations on recording consent

In other Latin American countries:

Local telecom and consumer regulations
Data privacy laws and GDPR-equivalents
Consent requirements for marketing and call recording

3.2 Consent for Outbound Calls

The Client must:

Obtain prior and explicit consent for all commercial, marketing, or collection calls
Remain compliant with "Do-Not-Call" lists
Respect consumer communication preferences
Have a valid legal basis for processing personal data (GDPR, CCPA, LGPD, etc.)

3.3 Time Restrictions

The Client must:

Respect time restrictions for calls (typically 8 AM - 9 PM in local time zone)
Do not make calls to residential numbers outside permitted hours without explicit consent
Consider multiple time zones if the campaign extends to several regions

3.4 Call Recording

The Client must:

Obtain consent from all parties in "two-party consent" jurisdictions
Comply with local laws in "one-party consent" jurisdictions if applicable
Clearly inform at the beginning of the call that it will be recorded
Store recordings securely and comply with retention laws

3.5 Transparency and Truthfulness

The Client must:

Provide truthful and non-misleading information in all communications
Clearly identify themselves (company name, purpose of call)
Not conceal caller ID or caller information
Maintain accurate records of consent and activities

4. Fonema's Monitoring and Compliance

4.1 Right to Monitor

Fonema reserves the right to:

Monitor, analyze, and audit platform usage
Review call logs, transcripts, and metadata
Implement automatic filters to detect prohibited activities
Investigate reports of violations

4.2 Suspension and Termination

Fonema may, at its sole discretion and without liability:

Immediately suspend access to the platform for violations of this Policy
Terminate the Client's account and contract
Block suspicious numbers, keywords, or behavior patterns
Require changes to the AI agent's configuration or behavior

4.3 Investigation of Reports

Fonema will investigate credible reports of violations in good faith and take appropriate action.

5. Reporting Mechanism

If you suspect a violation of this Policy, you may report it to:

Email: legal@fonema.ai Subject: "Acceptable Use Policy Violation Report"

Provide:

Detailed description of the violation
Date and time of incident
Phone numbers or identities involved
Evidence or proof (transcripts, recordings, messages)

Fonema will investigate all good-faith reports confidentially.

6. Policy Updates

Fonema may update this Policy at any time. We will notify you of substantial changes with 30 days' advance notice by email or through a notice on the platform.

Continued use of the services after notification constitutes acceptance of the changes. If you do not accept the changes, you may request termination of your account.

7. Limitation of Liability

This Policy does not limit rights or remedies available under applicable laws. Fonema may pursue civil or criminal legal action against users who violate laws, including violations of TCPA, anti-fraud laws, or telecommunications laws.

Note on entities: These terms are issued by Fonema Inc. For customers in Mexico contracting through Fonología, S.A. de C.V., the specific conditions set forth in Annex D of the Master Services Agreement apply.

Fonema Inc. Last updated: March 30, 2026