Acceptable Use Policy

On this page
  1. 1. Purpose and Scope
  2. 2. Prohibited Uses
  3. 3. Compliance Obligations
  4. 4. Fonema's Monitoring and Compliance
  5. 5. Reporting Mechanism
  6. 6. Policy Updates
  7. 7. Limitation of Liability

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