Acceptable Use Policy

Using the Services to break any law is strictly forbidden. This prohibition includes, but is not limited to, violations of the Telephone Consumer Protection Act, the Protection of Personal Information Act, 2013 (POPIA), the Consumer Protection Act 68 of 2008, “slamming,” or similar activities. Any utilization of the Services for the transmission, distribution, retrieval, or storage of material (“Transmission”) that infringes any law or supports any criminal activity is banned, including, without limitation, the following:

1. (i)
   Intellectual Property. Unauthorized Transmission of material safeguarded by patent, copyright, trade secret, or other intellectual property rights (including, without limitation, violations of the Digital Millennium Copyright Act);
2. (ii)
   Inappropriate Content. Transmission of material that is obscene, constitutes child sexual abuse material, is libelous, defamatory, hateful, or constitutes illegal threats or abuse;
3. (iii)
   Export Control. Unauthorized Transmission of any material that may breach export control laws or other regulations;
4. (iv)
   Forging of Headers. Misrepresenting or forging message headers or caller ID to obscure the originator of a call or message;
5. (v)
   CAN-SPAM Act. Non-compliance with all provisions of the CAN-SPAM Act (15 U.S.C 7701, et. seq., and 16 CFR Part 316) for any e-mail sent through the Services;
6. (vi)
   DialCru telephone numbers must not be used by customers or any downstream customers for illegal robocalls, spam calls or messages, or any communications intended to harass, defraud, or steal money or information from the recipient.

DialCru provides no guarantee and assumes no liability for the security and integrity of any data or information transmitted by a User over the Internet. The Services are subject to applicable lawful interception laws, including the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA). Any attempts to breach system and network security measures are considered Violations and may result in criminal and civil liability. Such Violations include, but are not limited to:

1. (i)
   Unauthorized Access: Users are prohibited from attempting to gain unauthorized access to or interfering with the normal functioning and security of DialCru’s network, or any other system, computers, accounts, or networks, including intentionally breaching firewalls or security measures of another company’s or individual’s system (hacking).
2. (ii)
   Unauthorized Monitoring: Users must not attempt to monitor any information on any network or system without proper authorization from the network administrator.
3. (iii)
   Interference: Users are prohibited from attempting to intercept, redirect, or otherwise interfere with communications intended for others.
4. (iv)
   Fraud/Forgery: Users must not impersonate another party by altering IP addresses, forging TCP-IP packet header information, or spoofing caller ID.
5. (v)
   Denial of Service Attacks: Users must not initiate or further a denial of service attack or otherwise flood or attempt to overload a system, including by generating artificially inflated call traffic.
6. (vi)
   Virus Transmission: Users must not intentionally or negligently transmit files containing a computer virus, Trojan Horse, worms, corrupted data, or engage in other destructive activities.

The Customer is responsible for monitoring the use of the Service, and DialCru is not obligated to monitor such use. The Customer agrees that the following activities are considered Violations:

1. (i)
   Unsolicited Calls: The Services must not be used to place direct-marketing calls to people who have not given the consent the law requires, who have opted out, or whose numbers are on an applicable opt-out or do-not-call register.
2. (ii)
   Caller ID: Calls must present a number the Customer is authorized to use. Withholding, spoofing or rotating caller ID to avoid blocking or identification is prohibited.
3. (iii)
   Calling Times and Frequency: Calls must not be placed outside the times the law permits for the called party, or at a frequency or in a manner that is harassing.
4. (iv)
   Bulk Messages and E-mail: The Service must not be used to send bulk SMS or e-mail unless the recipient has provided verifiable permission to receive it, and must not use another party’s e-mail server to relay e-mail without explicit permission from that party.
5. (v)
   Flagged Numbers: The Customer must not allow a telephone number or IP address registered to DialCru and used by the Customer to become flagged as spam, blacklisted, banned, or blocked by any carrier, call-labelling service or third party monitoring improper or illegal use.

The Calling Compliance page summarizes some of the rules that apply.

The Customer must use AI agents and synthetic voices in line with the Voice AI Supplemental Terms. The following are Violations:

1. (i)
   Impersonation: cloning, synthesizing or impersonating the voice, identity or likeness of a real person without their explicit and informed consent, or impersonating an organization, political candidate or official.
2. (ii)
   Deception: denying that a called party is speaking with an AI when they ask, or failing to disclose it where the law requires disclosure or where not disclosing would materially mislead them.
3. (iii)
   Minors: submitting voice recordings of anyone under 18 to create a voice, or directing calls at minors.
4. (iv)
   Unsupervised Decisions: using an AI agent to make or materially influence decisions about a person’s eligibility for insurance, credit, employment, housing or similar services without meaningful human oversight, or to give personalized financial, legal or clinical advice.
5. (v)
   Sensitive Data: configuring an AI agent to collect payment card or bank account numbers, government-issued ID numbers, or health information without DialCru’s prior written agreement.
6. (vi)
   Political Campaigning: using AI agents for political campaigning or election-related calls without DialCru’s prior written consent.
7. (vii)
   Circumvention: removing, altering or concealing watermarks or other signals that identify AI-generated audio, or circumventing safety guardrails or usage limits.

If DialCru receives any complaints from third parties regarding a User’s use of the Services (“Complaints”), the Customer must respond to such Complaints within twenty-four (24) hours to DialCru’s reasonable satisfaction. Failure to respond adequately will be considered a Violation, permitting DialCru to take any actions outlined in Section 3. Furthermore, if DialCru receives more than five (5) Complaints within a one-month period or more than ten (10) Complaints within any ninety-day period, it will be considered a Violation, authorizing DialCru to take any of the actions described in Section 3.

Should DialCru have a good faith suspicion that the Customer is violating Section 2, the Customer must, within twenty-four (24) hours of DialCru’s request, provide a copy or recording of any call, Transmission or e-mail that caused the suspicion or generated a Complaint, along with the recipient’s consent to be contacted. The Customer must ensure the recipient’s privacy is protected in this process.