This Acceptable Use Policy (“AUP”) identifies and sets forth some requirements and restrictions on the operation and/or use by Client and Client’s Authorized Users of the Products and Services provided by P2P Labs, LLC (“P2P”) and is incorporated by reference in the Master Services Agreement (“MSA”) between P2P and Client. Client must review and comply with the AUP laws and guidelines, however, this AUP is not intended to be (i) interpreted as, relied upon, or used as a substitute for the advice of legal counsel, (ii) or considered to be a complete and exhaustive list of all laws and regulations applicable to Client’s use of the P2P Software, Products, and/or Services. In addition to the below laws, various other state and foreign laws may apply to Client’s use of the P2P Software, Products and/or Services. Each Client is advised to obtain the advice of its own legal counsel before using the P2P Software, Products and/or Services.

Client’s access to the Software, Products and/or Services and that of Client’s Authorized Users and other users, may be restricted, suspended or terminated for violation of this AUP, at P2P’s sole discretion.

P2P reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the P2P website. Client’s use of the P2P Software, Products and/or Services after changes to the AUP are posted to the P2P website shall constitute acceptance of any changed or additional terms.

P2P maintains a zero-tolerance policy for any violation of this AUP and requires that its Client(s) implement and enforce this same zero-tolerance policy.

Capitalized terms used in this AUP shall have the meaning as given in Client’s Master Services Agreement (MSA).

1 General Statement

P2P is dedicated to the use of Internet Protocol and related technologies to improve the telecommunications industry and the lives of individuals throughout the world.

P2P’s goal is to deliver carrier-grade communications applications and tools to all its clients at a reasonable price and to make available all the benefits these applications and tools offer as broadly as possible. In order to achieve this goal, an Acceptable Use Policy is necessary.

2 Abuse

Client and Client’s Authorized Users may not use the P2P Software, Products and/or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:

  1. Restricted Content.
    Any purpose prohibited by applicable international, federal, state or local law, rule or regulation (which laws may impose more stringent requirements than the guidelines described herein).
    a. Child pornography
    b. Unlawful gambling activities
    c. Threats, harassment and abuse of any individual or organization
    d. Fraudulent activities
    e. Terroristic or other solicitations advocating human violence and/or hate crimes based upon religion, ethnicity, or country of origin.
    f. Unlawful high yield investment plans (Ponzi schemes)
  2. Run public internet relay chat services
  3. Collect information by deceit, including but not limited to internet scamming, password theft, phishing, security hole scanning and port scanning
  4. Using any false, misleading, or deceptive TCP or UDP packet header or any part of the header information in an email or a newsgroup posting
  5. Any way which is in breach any of the IFFOR (International Foundation for Online Responsibility) policies or registering an abusive string in the sTLD
  6. Generate, or allowing others to generate, calls, Emails or data activity causing Nuisance Calls, AIT (Artificial Inflation of Traffic), SPAM or UCE (Unsolicited Commercial Email), also described as Unsolicited Bulk Email (UBE), unless permitted by law.
  7. Complies (where applicable) with policies of any internet registry or registrar, including RIPE (Réseaux IP Européens Network Coordination Centre [RIPE NCC]) policies as updated and amended on the RIPE website at www.ripe.net from time to time
  8. Unwanted calls which cause annoyance to the receiver or hoax calls of an offensive, spiteful, abusive, indecent, defamatory, obscene, or menacing nature including unauthorized or ‟spam” Calls and ‟silent” Calls as defined by Ofcom in its “Statement of policy on the persistent misuse of an electronic communications service” published 20 December 2016, and any subsequent update.
  9. FCC and FTC Rules and Regulations – United States
    Using the P2P Products and Services (including the Helios platform) for auto-dialing, robocalls, telemarketing, high volume fax, text messaging, voicemail broadcasting or call “blasting” or any other transmission that violates any provision of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s (FTC) National Do Not Call Implementation Act (DNCIA), the FTC Telemarketing Sales Rule (TSR), or other Federal regulatory protections.
  10. Use of the Products and Services (including the Helios platform) in any way that is defamatory, libelous, or invasive of another’s privacy, or any similar behavior.
  11. Interference with any other Client of P2P including, without limitation, deliberate attempts to call flood, broadcast attack or overload a Helios platform.
  12. Collecting or using information without the consent of the owner of the information, including without limitation collecting email addresses, screen names or other identifiers (sometimes referred to as phishing, scamming, password robbery, spidering, and data harvesting).
  13. Any conduct that is likely to result in retaliation against P2P or P2P’s employees, officers, representatives, or other agents.
  14. Any conduct that results in retaliation against P2P, which includes but is not limited to engaging in behavior that results in any virus, malicious software (malware), ransomware or hacking being implemented against P2P, or any P2P server or firewall being the target of a distributed denial of service attack (DDoS) or any other technological cyberattack.
  15. US Congressional CAN-SPAM Act of 2003
    Client must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003 and other laws and regulations applicable to bulk or commercial email with regards to the Products and Services (including the Helios platform) or any third party products and/or services connected to or utilized with the Products and Services (including the Helios platform).
  16. Client must comply with the rules and conventions for posting to and communications with any P2P forum, chat group or other newsgroup medium in which P2P participates. This includes the prohibition of off-topic commercial messages, mass postings, or any other content deemed offensive, derogatory, or inappropriate, and P2P reserves the right to remove or edit content or users, at its sole discretion.
  17. Fair UseP2P’s unlimited usage plans are for normal use and are plan specific. Normal, reasonable use on P2P unlimited plans must be in accordance with the Acceptable Use Policy, located at www.engagehelios.ai/aup and the applicable Sales Order, and consistent with the types and levels of usage by typical Clients on the same plan. “Typical” refers to the calling and connection patterns of at least 90% of P2P’s Clients on the same business plan. Excessive or unauthorized use beyond that normally experienced by P2P’s Clients, in P2P’s sole and absolute discretion, may result in unlimited usage plan service termination. Prior to taking such action, P2P will attempt to contact the Client to discuss the cause for the excessive or abusive use and the required remediation to continue the Products and/or Services. Should unlimited usage plan service be terminated, usage will be billed at the current prevailing rate as indicated in the applicable P2P Sales Order or by contacting the P2P sales department and requesting the current rate(s).

    P2P may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps, including suspension or termination of the Products and/or Services, even if the number of minutes or bandwidth used is not excessive, when a Client’s usage or connection patterns during more than one month reflect excessive usage, including but not limited to:
    • call lengths;
    • frequency of call forwarding/transferring;
    • short duration calls;
    • number of calls made during a month;
    • number of calls made to a 3rd party conference calling service during a month;
    • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
    • other calling patterns indicative of an attempt to evade enforcement of this Acceptable Use Policy (AUP)

    In addition, unlimited usage plans cannot, under any circumstances, be used for continuous or extensive call forwarding, repetitive autodialing (including automatic outbound dialing systems or call distribution systems), telemarketing (including without limitation charitable or political solicitation and/or polling), transcription services, fax “blasting”, junk faxing or fax spamming, broadcast fax, ANI or CLI spoofing or other high volume or multi-person calling or communications purposes.

    3 Authorized User Care

    Client must provide a phone number and email address for Authorized User complaints in a conspicuous location on Client’s primary website.  Client must use all reasonably available resources to resolve Authorized Users’ complaints and service affecting issues.

    4 Remote Access to Servers/IP Addresses

    Client must provide remote access to all server(s) hosting the P2P Helios platform and any third-party applications utilized in the delivery of the Software, Product(s) and/or Service(s) to Client and its Authorized Users. Additionally, Client may only use IP addresses documented and approved by P2P in connection with the P2P Helios platform and related Product(s) and Service(s). Client agrees that if the IP Numbers utilized for Client’s account are listed on an abuse database Client will be in violation of this AUP, and P2P may take reasonable action to protect its platform, including suspension and/or termination of Client’s Product(s) and Service(s), regardless of whether the IP numbers were listed on an abuse database as a result of Client’s actions or those of Client’s Authorized Users.

    5 Copyrighted Material

    Client may not use the P2P Helios platform (including its generative artificial intelligence connector) to download, distribute or otherwise use in any manner any music, audio, text or other works protected by copyright law unless Client has been expressly authorized by the owner of the copyright or otherwise permitted by established copyright law for said use.

    6 Intellectual Property Rights – Trademarks/Service Marks

    Any and all marks are and shall remain the exclusive property of P2P Labs, its Suppliers and/or their Affiliates, as the case may be, and P2P grants Client a limited license to reproduce the marks only to the extent expressly provided for in the Master Services Agreement (MSA). Client shall not perform any act that would infringe upon, harm or contest the validity of any mark or rights therein or hinder or prevent P2P Labs, its Suppliers and/or their Affiliates from utilizing, licensing or sublicensing the marks in any manner, nor use, alter or exploit in any manner any of the marks, except in such manner and media as P2P may consent to in writing. Client acknowledges that any right to use the marks is conditioned upon Client’s observance of the provisions of the MSA and this AUP regarding Intellectual Property Rights and the marketing of the Products and/or Services. Client shall display the marks in accordance with P2P’s guidelines for using trademarks as in effect from time to time and as provided to Client upon P2P receiving request, in writing. Notwithstanding the foregoing, any change by Client, its Suppliers or any of their Affiliates to the marks guidelines which affects Client’s usage shall not apply retroactively to Client’s past usage which conformed with the then current guidelines and P2P shall permit Client a reasonable period of time (but in no case more than 45 days from the date of notice sent in accordance with the MSA) in which to conform with the new guidelines. P2P retains the right to specify and approve the quality and standards of all materials on which the marks are displayed and to inspect from time-to-time samples of such materials. If requested by P2P, additional agreements and conditions regarding manufacture and quality control will be set forth in a separate Addendum to the Master Services Agreement. Failure of Client to adhere to such standards of quality as provided herein shall be grounds for P2P to terminate Client’s rights to use such marks and to terminate the Agreement. All advertising and other promotional, packaging, and similar materials used by Client concerning P2P Labs’ Products and Services shall bear such trademark notices and legends as P2P may reasonably require pursuant to this AUP.

    7 Links from the Website

    If the P2P Website contains links to other websites and/or resources provided by third parties (including but not limited to downloads of any kind), these links and resources are provided for Client’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. P2P has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from Client’s use of them. If Client decides to access any of the third-party websites linked to the P2P Website, Client does so entirely at their own risk and is subject to the terms and conditions of use for such websites.

    8 Disclaimer of Warranties

    Client understands that P2P cannot and does not guarantee or warrant that files available for downloading from the internet or the P2P Website will be free of viruses or other destructive code. To the fullest extent allowed by law, P2P WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE P2P WEBSITE OR ANY PRODUCTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    Client’s use of the P2P Website, its contents, and any services or items obtained through the P2P Website is solely at Client’s own risk.  The P2P Website, its contents, and any services or items obtained through the P2P Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither P2P nor any person associated with P2P makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the P2P Website. Without limiting the foregoing, neither P2P nor any person associated with P2P represents or warrants that the P2P Website, its contents, and any services or items obtained through the P2P Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the P2P Website or the Server(s) that makes the P2P Website available are free of viruses or other harmful components, or that the P2P Website or any Products or Services or items obtained through the Website will otherwise meet Client’s needs or expectations. TO THE FULLEST EXTENT PROVIDED BY LAW, P2P HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    9 Indemnification

    Client agrees to defend, indemnify, and hold harmless P2P and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, judgements, awards, losses and other expenses, including without limitation reasonable attorney’s fees and costs, whether or not a lawsuit or other proceeding is filed, arising out of or relating to Client’s violation of this Acceptable Use Policy.

    10 Inquiries

    Inquiries regarding this AUP should be directed to our Legal Department at legal@engagehelios.ai.

    11 Complaints about Abuse or Breach of the AUP

    If you wish to inform P2P about a breach of this AUP please contact a P2P representative or email our Legal Department at legal@engagehelios.ai.

    12 Best Practices

    Client must follow all relevant industry guidelines, standards, and best practices, such as those provided by the Internet Engineering Task Force (IETF) and the Internet Society (ISOC) when utilizing the Software, Products and Services (including the Helios platform). Client may purchase Professional Services from P2P if Client is unclear as to best practices for the Software, Products and Services.

    13 Compliance

    P2P may test and otherwise monitor Client’s compliance (and that of Client’s Authorized Users and other users) with all these requirements. Client’s access to the P2P Software, Products and Services, and that of Client’s Authorized Users, or other users, may be restricted, suspended or terminated for violation of this AUP, at P2P’s sole and absolute discretion. Any failure to enforce this policy in every instance does not amount to a waiver of P2P’s rights.

    This AUP was last updated April 2024.