Terms of Service

By creating an account, clicking “I agree,” or using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. We record the version of these Terms you accepted and the date of acceptance.

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a company, organization, campaign, or other entity (your “Organization”), you represent that you are authorized to bind that Organization to these Terms, and “you” refers to that Organization. Your Organization is the party responsible for every call and message initiated through your account.

The Service is software that lets you build contact lists, configure an AI voice agent, and run outbound campaigns that place phone calls and send text messages on your behalf. Calls and messages are delivered through third-party providers (for example, telephony and voice-AI vendors). The Service is a tool you direct: you decide who is contacted, what is said, and when. We do not originate campaigns and do not review or approve your contact lists, scripts, consent, or the lawfulness of your outreach.

• You are responsible for the accuracy of your account information and for all activity under your account.
• Keep your credentials confidential and notify us promptly of any unauthorized use.
• You are responsible for your team members and anyone you invite to your workspace.

• The Service runs on prepaid credits. Placing calls and sending messages consumes credits at the rates shown in the app.
• Credit purchases are processed by our third-party payment processor. Except where required by law, purchased credits are non-refundable and consumed credits are non-reversible.
• Third-party carrier, telephony, and per-number fees may apply and are your responsibility.
• Fines and penalties that carriers impose because of your traffic — for example content-violation or 10DLC-evasion fees — are your responsibility and will be passed through to you.
• We may change pricing prospectively; changes do not affect credits already purchased.

6.1 Consent (TCPA and related laws)

Calls and messages using an artificial or prerecorded voice — which, under the FCC's February 2024 Declaratory Ruling, expressly includes AI-generated and voice-cloned speech such as the agents you configure here — require the recipient's prior express consent when made to a mobile phone under the Telephone Consumer Protection Act (TCPA), and prior express written consent where the call includes telemarketing or advertising. You represent and warrant that you have obtained and can document all consents legally required for every number you contact, and that such consent has not been revoked.

6.2 Do-Not-Call and opt-outs

• Scrub your lists against the National Do Not Call Registry and any applicable state DNC lists, and re-scrub at least every 31 days.
• Maintain an internal do-not-call list and honor opt-out and revocation requests through any reasonable means (including verbal requests, replies such as “STOP,” email, or a call back) — promptly, and in any event within 10 business days as required by 47 CFR § 64.1200(a)(10). One final message confirming the opt-out is permitted; nothing further.
• Do not contact numbers who have opted out or who lack a valid consent basis or established business relationship.

6.3 Calling hours

Do not place calls or send texts through the Service outside 8:00 a.m.–9:00 p.m. in the recipient's local time. We treat this window as a contractual floor for all campaigns — political calls escape the federal telemarketing window only to hit state quiet-hours rules — and you must observe any stricter state or local limits. Use the contact's time zone when scheduling.

6.4 Caller identity

Transmit accurate caller ID, use numbers you are authorized to use, and do not spoof, falsify, or misrepresent the originating number or your identity. You are responsible for STIR/SHAKEN attestation issues arising from your use. Artificial- and prerecorded-voice calls must also state the identity of the responsible party at the beginning of the call, provide a callback number during or after the message, and — for telemarketing calls and calls made under the residential-line exemption — offer an automated, interactive opt-out mechanism (47 CFR § 64.1200(b)). Build these into your scripts and configuration.

6.5 AI disclosure

Several jurisdictions require you to disclose that a call or chat is conducted by artificial intelligence or an artificial voice (for example, California's AB 2905 and SB 243). You are responsible for providing any AI or “artificial voice” disclosure required in the jurisdictions you call, at the point in the call required by law. Separately, a few states' automatic-dialer statutes (for example, California Pub. Util. Code § 2872, Minnesota, and Indiana) require a live operator to introduce the call and obtain consent before any prerecorded or artificial-voice message plays, with no political exemption. Do not run autonomous AI calls into those states unless you have prior consent or another applicable exemption.

6.6 Call recording and monitoring

Recording and transcription are subject to federal and state wiretap laws. In all-party (“two-party”) consent states — including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington — you must obtain the consent of every party before recording. Where you enable recording or transcription, you are responsible for announcing it and obtaining all legally required consents.

6.7 Text messaging (SMS)

• Register your brand and campaigns for A2P 10DLC before sending; unregistered traffic is blocked by carriers.
• Obtain prior express written consent for marketing messages, honor STOP/opt-out through any reasonable method, and follow CTIA messaging guidelines.
• Do not send prohibited content (including SHAFT — sex, hate, alcohol, firearms, tobacco — where restricted).

6.8 State “mini-TCPA” and other laws

Many states impose their own telemarketing rules — often with broader autodialer definitions, added consent requirements, and private rights of action (for example, Florida's FTSA, Oklahoma, Washington, and Texas). If you collect or use voiceprints, biometric-privacy laws such as Illinois' BIPA may require separate written consent. You are responsible for compliance with all federal, state, local, and international laws applicable to your outreach.

6.9 Records

Maintain records sufficient to demonstrate compliance — including consent records, opt-out requests, and DNC scrub logs (retain DNC records for at least five years) — and produce them if required. Retain proof of each recipient's consent at least until that consent is revoked; carrier audits ask for exactly this.

The Service is offered to political campaigns, committees, and civic organizations, and political outreach carries obligations of its own. If you use the Service for political or election-related calls or texts, the following applies in addition to Section 6:

• Political calls are not exempt from robocall law. Political calls may fall outside some telemarketing rules (such as the National DNC Registry, which covers sales calls), but calls and texts made with an artificial or AI-generated voice to mobile phones still require prior express consent under the TCPA, and many states apply their own robocall, calling-hour, and disclosure rules to political calls specifically. You are responsible for knowing which rules apply where you call. Where you rely on the federal exemption for non-commercial calls to residential landlines, you are limited to three artificial- or prerecorded-voice calls per line per 30 days, with the in-call identification and opt-out mechanics of Section 6.4. Some states invert the federal exemptions — New Hampshire, for example, prohibits prerecorded political calls to numbers on the federal DNC registry (RSA 664:14-a).
• Election integrity. You must not use the Service to intimidate, threaten, coerce, or deter any person from voting; to communicate false information about the time, place, or manner of an election, voter eligibility, or the voting process; to impersonate an election official, another candidate, campaign, or party; or to distribute materially deceptive synthetic media (“deepfakes”) of any person, including AI-cloned voices of real people. Several states restrict or require disclosure of AI-generated content in election communications; you are responsible for complying with them.
• Sponsor identification. Campaign-finance laws (including FEC rules and state equivalents) may require “paid for by” disclaimers and sponsor identification in your calls and messages. Including any required disclaimer in your scripts and messages is your responsibility.
• Political sender registration. US carriers require political senders to complete A2P 10DLC registration with a political campaign designation — including Campaign Verify vetting for eligible political committees — before sending political text messages at scale. You are responsible for completing and maintaining these registrations. Campaign Verify tokens expire each two-year election cycle and must be renewed, and carriers increasingly require political vetting for toll-free and short-code traffic as well.

This section states the standard terms of any text-messaging program operated through the Service. Organizations running SMS campaigns must present terms at least this protective to their recipients, and these terms apply to messages sent through the Service:

• Program description. Messages are sent on behalf of the Organization that collected the recipient's opt-in — for example surveys, feedback requests (such as NPS), and service notifications related to that Organization.
• Consent. Recipients receive messages only after opting in to the Organization's program. Consent to receive messages is not a condition of any purchase.
• Message frequency varies by program and campaign.
• Message and data rates may apply, depending on the recipient's mobile carrier and plan.
• Opt-out. Recipients can cancel at any time by replying STOP. After sending STOP, the recipient may receive one final message confirming the opt-out. No further messages will be sent unless the recipient re-subscribes.
• Help. Reply HELP for help at any time, or contact support@pollminer.com.
• Carriers are not liable for delayed or undelivered messages.
• Privacy. Mobile information and opt-in data are handled as described in our Privacy Policy — it is never shared with or sold to third parties or affiliates for marketing or promotional purposes.

You will not use the Service to:

• Violate any law or third-party right, or make calls or messages you are not legally permitted to make;
• Engage in fraud, scams, phishing, impersonation, or deceptive, harassing, threatening, or abusive communications;
• Contact emergency lines, health-and-safety hotlines, or numbers where contact is prohibited;
• Send content that is unlawful, defamatory, obscene, or promotes prohibited goods or services;
• Transmit malware, or attempt to breach, overload, reverse-engineer, or circumvent the Service or its providers;
• Resell or provide the Service to third parties except as expressly permitted.

You retain ownership of the contact data, scripts, and other content you provide (“Your Content”). You grant us a limited license to host, process, and transmit Your Content solely to operate and provide the Service, including sharing it with the third-party providers that deliver your calls and messages. You represent and warrant that you have all rights and consents necessary to upload Your Content and to have us process it and contact the people in it.

The Service relies on third-party providers for telephony, voice AI, language models, storage, and payments. Your use may be subject to their terms and acceptable-use policies, and their availability is outside our control. We are not responsible for third-party services.

The Service, including its software, design, and content (excluding Your Content), is owned by us and our licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. All rights not granted are reserved.

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or that calls or messages will be delivered. Nothing in the Service or these Terms is legal or compliance advice. Consult qualified counsel about your outreach.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill.

Our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the amount you paid us in the three months before the event giving rise to the claim.

You will defend, indemnify, and hold us and our providers harmless from any claims, damages, penalties, fines, and costs (including reasonable attorneys' fees) arising from or related to: (a) your calls, recordings, messages, scripts, or contact lists; (b) your violation of the TCPA, TSR, do-not-call rules, state telemarketing or AI-disclosure laws, wiretap/recording laws, biometric-privacy laws, or any other law; (c) your breach of these Terms; or (d) Your Content. This is a primary obligation and reflects that you, as the calling party, control and are responsible for your campaigns.

We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, created legal risk, or misused the Service. You may stop using the Service at any time. On termination, your right to use the Service ends; sections that by their nature should survive (including Sections 6, 7, 10, and 13–15) survive.

We may modify the Service or these Terms. When we make material changes to the Terms, we will update the version and effective date above and, where appropriate, ask you to re-accept. Your continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located there, except where applicable law provides otherwise.

Questions about these Terms: support@pollminer.com.