Prohibited Use

You shall not use, configure, deploy, or otherwise access Smallest AI's AI voice agents, conversational voice products, text-messaging functionality, or any related services (collectively, the "Voice Services") in any manner that violates, or that would cause Smallest AI to violate, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200 (collectively, the "TCPA"), or any other federal, state, local, tribal, or foreign law, rule, or regulation governing telemarketing, the recording of communications, telephone solicitations, automated or prerecorded calls, artificial-voice communications, text messages, or related telephone communications, including without limitation the Telemarketing Sales Rule (16 C.F.R. Part 310), the Federal Trade Commission Act, the CAN-SPAM Act, state mini-TCPA statutes (such as the Florida Telephone Solicitation Act and the Oklahoma Telephone Solicitation Act), state do-not-call laws, and all applicable consumer protection statutes (collectively with the TCPA, the "Telecommunications Laws").

Prohibited Conduct

Without limiting the generality of the foregoing, you shall not, and shall not permit or enable any third party to, use the Voice Services to:

(a) initiate any call, text message, or other communication using an automatic telephone dialing system or an artificial, prerecorded, AI-generated, or synthetic voice without first having obtained the prior express consent or prior express written consent required under the applicable Telecommunications Laws, or in any manner that exceeds the scope of the consent obtained;

(b) place any telemarketing, advertising, or promotional communication to any telephone number listed on the National Do Not Call Registry, any state-maintained do-not-call registry, or your own internal do-not-call list, except as expressly permitted by an applicable exemption;

(c) contact any emergency telephone line (including any 911 line or emergency line of a hospital, health care facility, poison control center, or fire or law enforcement agency), any patient or guest room of a hospital, health care facility, or elderly care establishment, or any other number protected under the TCPA;

(d) violate any applicable curfew, time-of-day, frequency, identification, opt-out, caller-ID, abandonment-rate, monitoring, or recordkeeping requirement imposed under the Telecommunications Laws, or transmit inaccurate or misleading caller identification information in violation of the Truth in Caller ID Act or the TCPA; or

(e) fail to honor any do-not-call request, opt-out request, or revocation of consent received from any called or messaged party, whether communicated orally, by text reply (including "STOP," "END," "QUIT," "CANCEL," or "UNSUBSCRIBE"), or by any other reasonable means.

Consent and Compliance Representations

By accessing or using the Voice Services to contact, message, or otherwise communicate with any individual, you represent, warrant, and covenant on a continuing basis that: (i) you have obtained, and at all relevant times will maintain, all consents, permissions, authorizations, and agreements required under the Telecommunications Laws (including, where applicable, prior express written consent satisfying 47 C.F.R. § 64.1200(f)) from each individual to be contacted, prior to the initiation of any communication using the Voice Services; (ii) at the beginning of each call made via the Voice Services, you will obtain all consents, permissions, authorizations, and agreements required under applicable laws to record the communications of any individuals who are contacted by you using the Voice Services; (iii) you have established and will maintain a written policy, available upon demand, for maintaining a do-not-call list and will train all personnel engaged in any aspect of telemarketing or outbound communications on the existence and use of such list; (iv) you will scrub all calling, messaging, and dialing lists against the National Do Not Call Registry and any applicable state do-not-call registries at the intervals required by law before each use of the Voice Services; (v) you will maintain records sufficient to demonstrate compliance with the Telecommunications Laws, including evidence of consent, for the periods required by applicable law; and (vi) you are solely responsible for determining whether, and under what conditions, any particular use of the Voice Services is lawful in each jurisdiction in which you operate or in which intended recipients are located.

Disclosure of AI-Generated Voice; Recording of Communications

You acknowledge that the Voice Services use artificial, artificial intelligence, synthetic voices, and prerecorded or simulated speech, and you agree that, in addition to the obligations set forth above, you will provide all disclosures required under applicable law regarding the artificial or AI-generated nature of the communication, including any disclosures required under the TCPA and/or state laws governing the use of artificial, synthetic, cloned, or prerecorded voices in communications. You further acknowledge that the use of the Voice Services will result in the recording of communications with individuals contacted by you, and you agree that you are solely responsible for obtaining any and all required consents under applicable laws from such individuals for the recording of their communications. 

Indemnification and Reservation of Rights

You shall defend, indemnify, and hold harmless Smallest AI and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or relating to your breach of this TCPA and Telemarketing Compliance Policy or your violation of any Telecommunications Law in connection with your use of the Voice Services.

Smallest AI reserves the right, in its sole discretion and without prior notice or liability, to investigate any suspected violation of this Section, to require that you provide evidence of compliance with the Telecommunications Laws (including evidence of consent), to throttle, restrict, suspend, or terminate your access to the Voice Services or your account in whole or in part, to delete or quarantine content or configurations associated with any suspected violation, to cooperate with and disclose information to law enforcement authorities, regulators, or other third parties as Smallest AI deems appropriate or as required by law, and to pursue any other remedies available at law or in equity. Smallest AI's exercise, non-exercise, or delay in exercising any of the foregoing rights shall not constitute a waiver of such rights or of any other right or remedy of Smallest AI under these Terms or applicable law.