Acceptable Use Policy

1. Scope

This AUP governs how the Customer may use the Divinyt SaaS platform — including outbound phone calls, outbound SMS, outbound email, AI voice agents, CRM workflows, and any other channel made available by the Operator — to communicate with the Customer's own leads and customers.

2. General Requirements

Every Customer must, at all times:

• Comply with the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 and FCC regulations at 47 C.F.R. § 64.1200, including the rules in effect after FCC Order CG-2024-89 on revocation of consent.
• Comply with the FTC Telemarketing Sales Rule ("TSR"), 16 C.F.R. Part 310.
• Comply with applicable state telemarketing statutes, including but not limited to Florida Telephone Solicitation Act (FTSA), Oklahoma Telephone Solicitation Act, Washington Commercial Electronic Mail Act, California Business and Professions Code §§ 17592-17594, and any other state law applicable to the Customer's outreach.
• Maintain documented prior express consent — or, where consent suffices, prior express written consent — for each recipient before initiating any marketing call or message.
• Maintain documented exemption status for any call or message the Customer claims is exempt from consent requirements.
• Maintain accurate sender identification: the first SMS to any recipient must identify the Customer's business by legal or trade name; voice messages must identify the Customer's business in the first 30 seconds.
• Honor opt-out requests received through any reasonable channel within 10 business days, regardless of which channel the recipient used to opt out.
• Refrain from using AI voice in any state that prohibits autodialed or pre-recorded commercial voice messages without prior express written consent specifically for that voice format.

3. Prohibited Use Cases

The Customer may not use the platform for:

• Mass marketing without consent. Sending SMS, placing calls, or sending emails to recipients who have not given documented prior express consent.
• Affiliate / lead-generation farming. Sending traffic to a third party brand or sponsor in exchange for compensation per lead.
• High-risk verticals without written approval. Cryptocurrency or alternative investments, sports gambling, payday loans or debt forgiveness, illegal substances or cannabis (outside fully legal states), firearms or weapon accessories, adult content, get-rich-quick or pyramid-scheme offers, political solicitation outside FEC bounds.
• Impersonation or misleading sender identity.
• Spoofing or relay of unauthorized traffic.
• Harassment or threats.
• Phishing or malware distribution.
• Circumvention of opt-out. Re-engaging a recipient who has opted out, including by changing sender numbers or transferring to a different campaign.
• Calling numbers on a DNC registry without documented prior express invitation.
• Recording calls in violation of state law.

4. Volume and Throughput Limits

The Operator does not enforce volume caps in this AUP; volume is governed by the Customer's subscription plan and by Twilio / TCR throughput tiers attached to the Customer's Brand. The Operator may impose temporary throughput caps in response to:

• a complaint rate exceeding 0.30% over any rolling 24-hour window;
• a carrier-filtering rate exceeding 0.10% over any rolling 24-hour window;
• evidence that the Customer is sending traffic that violates this AUP.

5. Suspension Rights

The Operator may, without prior notice, suspend the Customer's outbound messaging or calling service if:

• the Customer is engaged in any Prohibited Use Case under section 3;
• traffic generates complaints or carrier-filtering rates above section 4 thresholds;
• the Operator receives a credible report from a recipient, carrier, regulator, or court that the Customer's traffic violates applicable law;
• the Customer fails to honor opt-out requests within 10 business days;
• the Customer fails to pay any invoice within 10 days of its due date.

Suspension does not relieve the Customer of any obligation accrued before suspension. The Operator will provide the reason for the suspension promptly and offer a meaningful opportunity to cure where the violation is curable.

6. Termination Rights

The Operator may terminate the Customer's account for cause if:

• the Customer engages in any Prohibited Use Case after written notice and a 7-day opportunity to cure;
• the account is the subject of a court order, regulatory directive, or carrier directive requiring termination;
• the Customer is subject to an unresolved chargeback or written threat of regulatory enforcement exceeding the last 90 days of paid subscription value.

Upon termination the Customer loses access to the platform; the Customer's Brand and Campaign records persist with Twilio / TCR and the Customer may continue to operate them directly with Twilio at the Customer's option and expense.

7. Indemnity

The Customer indemnifies, defends, and holds harmless AI Research LLC and its affiliates from any claim, suit, demand, fine, judgment, or expense (including reasonable attorneys' fees) arising from any breach of this AUP, including any TCPA, TSR, FCC, FTC, state telemarketing, do-not-call, recording-law, or anti-fraud claim brought by a recipient, a regulator, or a carrier.

8. Updates

The Operator may update this AUP from time to time by publishing a new version at this location and emailing the Authorized Representative on file. Material updates take effect 30 days after publication. The Customer's continued use of the platform after the effective date constitutes acceptance of the updated AUP.