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Draft — for counsel review

This document is a draft. It has not been reviewed or approved by counsel, it is not in effect, and nothing here is legal advice or an offer capable of acceptance. It is published so you can see exactly what we intend to put in front of counsel — the banner comes off only when they clear it.

Telecom Compliance Addendum

Version: v1.0 · Incorporated into the Vocapable Master Services Agreement.

This Addendum states Customer’s obligations for every telephone call and message placed or sent through the Service. Capitalized terms have the MSA’s meanings. “Telecom Laws” means all laws, regulations, orders, and carrier and industry requirements applicable to Customer’s calls and messages, including the Telephone Consumer Protection Act (47 U.S.C. § 227) and FCC rules and declaratory rulings thereunder (including FCC 24-17, under which AI-generated voices are “artificial” voices), the Telemarketing Sales Rule, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Truth in Caller ID Act, and all state telemarketing, automated-calling, artificial-voice, AI-disclosure, call-recording, do-not-call, and privacy laws.

1. Allocation of Responsibility

1.1 Customer is solely responsible for compliance with all Telecom Laws applicable to its specific use case. Customer, and not Vocapable, determines who is called, when they are called, and what its agents are configured to say, and Customer is the party on whose behalf all calls are initiated.

1.2 The Service’s compliance features (scrubbing, gating, windows, disclosure, opt-out handling, evidence) support Customer’s compliance program but do not constitute legal advice, do not guarantee any call is lawful, and do not shift any obligation to Vocapable. A feature’s existence is not a representation that it satisfies any law.

2.1 Per-call continuing representation. Customer represents and warrants, on a continuing basis and as to each individual call and message, that before initiating it Customer has obtained and holds valid, documented, and unrevoked consent of the called party of the type required under applicable law for that communication, including:

  • Prior express written consent (“PEWC”) where the call constitutes telemarketing or advertising and uses an artificial or prerecorded voice (which includes every AI-voice call on this Service) or is made to a wireless number using regulated technology. PEWC must (a) be in a signed writing (electronic signatures under E-SIGN/UETA are permitted); (b) be clear and conspicuous; (c) disclose that the consumer agrees to receive calls made with an artificial or prerecorded voice from or on behalf of the specific seller; (d) not be obtained through a pre-checked box; and (e) state that consent is not a condition of any purchase.
  • Prior express consent for informational, non-marketing calls, as applicable.
  • An applicable established business relationship or transactional basis only where, and only to the extent, applicable law recognizes it for the call type in question.

2.2 Best practice (contractual, not a statement of law): Customer should obtain consent that names the specific seller on whose behalf calls will be made. (The FCC’s one-to-one consent rule was vacated in 2025; this clause is therefore stated as best practice rather than as a statement of current law.)

2.3 Purchased and cold lists are prohibited. Customer may not import or call purchased, rented, scraped, harvested, appended, or otherwise third-party-sourced contact lists. Every imported contact must have a consent provenance Customer itself captured and can evidence, attested at import.

3. Do-Not-Call

3.1 Customer will scrub its calling lists against the National Do Not Call Registry at least every 31 days (pre-dial suppression strongly preferred), against applicable state do-not-call registries, and against Customer’s own internal suppression list, before any call subject to DNC rules.

3.2 The Service maintains and enforces an internal do-not-call list for Customer’s account as a non-disableable platform control. That control supplements and does not replace Customer’s own DNC obligations. Where Customer has waived platform bureau-scrub stages by signed attestation, Customer’s own upstream scrubbing must meet or exceed this Section, on the cadence attested.

4. Revocation and Opt-Out

4.1 A called party may revoke consent by any reasonable means. Customer will honor revocations within ten (10) business days of receipt and will maintain its internal suppression list accordingly. The Service’s in-call opt-out detection writes revocations to the internal do-not-call list immediately and this cannot be disabled; Customer must honor revocations received through any other channel (email, web, verbal to Customer’s staff) within the same period.

4.2 Every artificial-voice telemarketing call must provide an automated, interactive opt-out mechanism available during the call.

5. Calling Windows and Frequency

5.1 No calls before 8:00 a.m. or after 9:00 p.m. in the called party’s local time zone, and no calls outside any narrower window imposed by applicable state law. Customer is responsible for state-specific windows, holiday restrictions, and frequency caps applicable to its campaigns, and for the accuracy of any time-zone data it supplies.

6. Identification and Disclosure

6.1 Each outbound call must disclose, promptly at the beginning: the identity of the business on whose behalf the call is made; the purpose of the call; and a callback number or contact method. Calls made with AI-generated voices must include any AI or artificial-voice disclosure required by applicable law. The Service’s non-removable AI-disclosure opener supplements, and does not replace, these obligations.

7. Caller ID; Carrier Obligations

7.1 Customer will not transmit misleading or inaccurate caller ID (Truth in Caller ID Act), will only present numbers it has authority to use, and will not engage in “neighbor spoofing.”

7.2 For production traffic (Customer’s own carrier account), Customer is responsible for: its carrier registrations, including Robocall Mitigation Database registration where applicable; STIR/SHAKEN attestation; A2P/10DLC registration for messaging; number reputation and spam-label remediation; and compliance with its carrier’s policies, including Twilio’s Acceptable Use Policy and Voice Services Policy, which are incorporated into this Addendum by reference for traffic carried on Twilio.

7.3 Traceback cooperation. Customer will respond substantively to any industry traceback (e.g., ITG), carrier, or regulatory inquiry regarding its traffic within forty-eight (48) hours of Vocapable’s notice, and will cooperate with Vocapable and third parties to determine the origin of any call.

8. Recording

8.1 If Customer enables call recording, Customer is responsible for disclosing the recording and obtaining all consents required by applicable law, including in all-party-consent jurisdictions such as California (Cal. Penal Code §§ 632, 632.7), where every party to the call must consent to recording. The Service’s recording-consent configurations are tools, not advice, and enabling recording is Customer’s election.

9. Records; Production on Demand

9.1 Customer is solely responsible for obtaining, documenting, and retaining evidence of valid consent before initiating calls, capturing at minimum: timestamp; capture channel; the exact disclosure language presented; the affirmative act taken; and the identifier (IP, device, signature) of the consenting party. Customer will retain these records for at least five (5) years or longer where required, subject to litigation hold.

9.2 Upon Vocapable’s written request, Customer will produce the consent evidence for any called number within five (5) business days. Vocapable may make such requests to satisfy its own carrier obligations (Twilio may demand proof of consent from Vocapable). Failure to produce is a material breach and grounds for immediate suspension of the affected campaigns.

10. Prohibited Sectors and Uses

10.1 Absent a separately executed plan expressly permitting it, Customer will not use the Service: for calls involving protected health information (HIPAA); for payment-card data capture (PCI DSS); for debt collection subject to the FDCPA or Regulation F; for political campaign robocalls; for emergency or life-safety communications; or for any call to emergency services numbers.

11. SMS

11.1 All messaging follows the consent, opt-out (STOP), identification, and content rules of applicable law and carrier policy, including Twilio’s Messaging Policy (incorporated by reference for Twilio-carried messages). Revocation on one channel is honored across channels as required by law; the Service applies revocations across voice and SMS as a platform control.

12. Remedies

12.1 Breach of this Addendum is a material breach of the MSA. Vocapable may exercise its monitoring, suspension, and termination rights (MSA §12) immediately and without prior notice for suspected violations, and Customer’s indemnity (MSA §10.1) expressly covers this Addendum.