Fair_Use_Policy.docx

Fair Use Policy



Introduction

Creation Date

April 9, 2024


This Fair Use Policy is meant to ensure that our users stay protected. All terms used herein without definition will have the same meanings set forth in Qrispy’s Terms of Service available at www.qrispy.com/en/legal/terms-of-service, into which this Fair Use Policy is incorporated.


Qrispy reserves the right to impose limits and charge overages on your usage of the Services or to terminate your use of the Services at any time in our discretion. Qrispy will do so if we reasonably believe that your usage, including, but not limited to, the

total number of text messages you send, the number of minutes you use, and/or the number of devices you use are not consistent with normal, fair, and reasonable use of the Services, or if you breach any rules in this Fair Use Policy. Whenever reasonably possible, we will give you written notice of your excess usage or breach of the rules contained herein before taking any such action and allow a reasonable period to allow you to modify your use.


Subscription Plan Limits and Conditions for Calling and Messaging

  1. The "Outbound Calling and SMS" and, "Unlimited Inbound Calling" features offered under the Subscription Plans are subject to the Fair Use Policy. The Fair Use Policy depends on the Customer’s Subscription Plan.

  2. Unless otherwise indicated on an Order Form:

    1. Essentials Plan: Under the "Outbound Calling and SMS", the Customer has a limit of five hundred (500) outbound voice minutes per user for each billing month and a limit of two hundred and fifty (250) inbound and outbound messages per user for each billing month; Under the "Unlimited Inbound Calling", the Customer has a limit of one thousand (1,000) inbound voice minutes per user for each billing month.

    2. Business Plan: Under the "Outbound Calling and SMS", the Customer has a limit of thousand (1,000) outbound voice minutes per user for each billing month, and a limit of five hundred (500) inbound and outbound messages per user for each billing month; Under the "Unlimited Inbound Calling", the Customer has a limit of one thousand (1,000) inbound voice minutes per user for each billing month.

  3. The voice minutes and messages under the "Outbound Calling and SMS" will be calculated on an account level. For example, for a Customer that is on the Business Plan with 10 active users, the Customer’s limit for calling will be 10,000 outbound voice minutes, and 5,000 messages.

  4. The voice minutes under the "Unlimited Inbound Calling" are calculated on an account level. For example, if there are five active users in the Customer's account, the Customer's limit for calling will be 5,000 inbound voice minutes.

  5. For any user who is added in the middle of a billing month, will get voice minutes and messages under the "Outbound Calling and SMS" and "Unlimited Inbound Calling" for the remaining days for the first billing month on a pro-rata basis.

  6. Any unused voice minutes and messages under the "Outbound Calling and SMS" and "Unlimited Inbound Calling" shall expire at the end of each billing month and will not roll over to the subsequent billing months.

  7. The "Unlimited Inbound Calling" feature is available for all countries except those with call rates greater than USD 0.02/mins. The "Outbound Calling and SMS included" feature is available for the countries mentioned in the Pricing Plans only.

  8. In the event a Customer exceeds the monthly limit as mentioned above, then the charges for calling and messaging will be deducted from the credits added to their Qrispy account. Further, the standard rates for each voice minute and message will apply in excess of the monthly limit. The Customer may request support@qrispy.com to get more information on the voice minutes and messaging rates.

  9. Any "Outbound Calling and SMS", and "Unlimited Inbound Calling" features may not be used for Trunking or forwarding calls or messages from a Qrispy number to another phone number capable of handling multiple simultaneous call or to a private branch exchange or a key system.

  10. The voice minutes included under "Unlimited Inbound Calling" and "Outbound Calling & SMS" are charged on a per-minute basis. This means that even calls with a duration of 0 minutes will be billed for a minimum of 1 minute. For calls exceeding 0 minutes, any partial minutes used will be rounded up to the nearest full minute for billing purposes.

  11. The messages included under "Outbound Calling & SMS" are charged on a per-segment basis. Each message segment is equal to 140 characters. Any message exceeding a single segment will be rounded up to the nearest whole segment for billing purposes.

  12. Qrispy reserves the right to limit, suspend or terminate the Customer’s access to the Service in the event the Customer is found in violation of the Fair Use Policy.

  13. Qrispy reserves the right to amend any term of the Fair Use Policy, including the limits mentioned above at any time without notice.


Rules for Messaging on Qrispy

At Qrispy, we are committed to ensuring that our messaging platform remains a safe, respectful, and lawful environment for all users. The integrity of our service and the trust of our users are paramount. As such, we have established specific guidelines to govern the use of our messaging services. These rules are designed to prevent abuse, protect our community, and maintain compliance with legal and regulatory standards.

It is essential for all Qrispy users to understand and adhere to these guidelines, as they outline what is deemed unacceptable and prohibited content within messages sent through our platform. Compliance with these rules helps create a positive experience for all users and prevents potential harm that could arise from inappropriate use of our service.


Below is a detailed list of the types of messages that are not permitted on Qrispy. These include, but are not limited to, communications that are harmful, deceptive, or intended to engage in or promote illegal activities. By using Qrispy, you agree to these conditions and acknowledge that violation of these rules may result in suspension or termination of your service access, among other possible legal actions.

Please review the following prohibited activities and content to ensure your use of Qrispy aligns with these standards.


Customer shall not use the Service to send:


  1. Messages which are obscene, defamatory, threatening, intimidating, harassing, hateful, exploitative, abusive, racially or ethnically offensive, or which instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm;

  2. Fraudulent messages, including but not limited to impersonation, misrepresentation, scams, phishing, or any deceptive messages used to lure consumers into providing their or another person’s personal information, including but not limited to medical, health or financial information;

  3. Cold messaging, including but not limited to messaging without proper consent and opt-out language;

  4. Malicious content, including but not limited to malware or viruses;

  5. Messages relating to the offer, promotion or sale of cannabis, CBD or vape products (including e-cigarettes), regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites;

  6. Messages relating to the offer, promotion, or sale of kratom or other paraphernalia products;

  7. Messages relating to the offer, promotion or sale of prescription medication;

  8. Messages relating to the offer, promotion or sale of gambling, including but not limited to references or links to casino apps or gambling websites;

  9. Messages relating to the offer, promotion or sale of sexual or adult services;

  10. Messages relating to the promotion of hate speech;

  11. Messages relating to the offer, promotion or sale of alcohol;

  12. Messages relating to the offer, promotion or sale of firearms;

  13. Messages relating to the offer, promotion or sale of tobacco-related products;

  14. Messages, including but not limited to new loan solicitation, relating to

    high-risk financial services, including but not limited to affiliate lending, payday loans, short-term high-interest loans, third-party (i.e. originating from any party other than the one which will service the loan) loans, student loans, cryptocurrency, or stocks and other investment platforms;

  15. Messages relating to third-party lead generation or marketing services that buy, sell, or share consumer information, including but not limited to affiliate marketing;

  16. Messages related to third-party lead generation or marketing services that engage in deceptive marketing;

  17. Messages relating to debt collection or forgiveness, including but not limited to third-party (i.e. originating from any party other than the one which will service the loan) debt collection, debt consolidation, debt reduction, or credit repair programs;

  18. Messages relating to “get rich quick schemes”, including but not limited to deceptive work-from-home programs, risk investment opportunities, pyramid schemes, mystery shopping, or multi-level marketing;

  19. Messages relating to the sale of fireworks or explosives.


Rules for Calling on Qrispy

Qrispy is committed to providing a reliable and ethical communication platform. To ensure all users benefit from our services, it is crucial that calling practices adhere to legal standards and respect for others. The following rules apply to all calls made using the Qrispy platform:


  1. Prohibited Call Content:

    • No Harassment or Abuse: Calls must not contain language that is obscene, defamatory, threatening, intimidating, harassing, hateful, or racially or ethnically offensive. Calls that encourage conduct that is illegal, exploitative, abusive, or that could be seen as promoting violence or harm to others are strictly prohibited.

    • No Fraudulent Activities: Impersonation, misrepresentation, and all forms of phishing or scams are forbidden. This includes any attempt to deceitfully obtain personal or sensitive information such as financial data, health records, or other private details.

    • Respect for Privacy: Cold calling, or unsolicited calls without prior consent of the recipient, is not allowed. Ensure all communication is consensual with clear opt-out options provided.


  2. Restricted Topics and Products:

    • No Promotion of Illegal Substances or Services: Calls must not relate to the offer, promotion, or sale of prohibited items including but not limited to

      drugs, gambling, sexual services, alcohol, tobacco, firearms, or any illegal substances or services.

    • Financial Services with High Risk: Advertising or offering high-risk financial services such as payday loans, cryptocurrency investments, third-party lending, or "get rich quick" schemes is not permitted.

    • No Health and Safety Risks: Calls should not promote products or services that pose a risk to health and safety, such as unapproved medical treatments or high-risk dietary supplements.

    • Debt and Financial Mismanagement: It is prohibited to promote deceptive financial practices, including debt collection or consolidation services not aligned with fair lending laws and practices.


  3. Compliance with Regulatory Requirements:

    • Abide by Telecommunication Laws: All calls must comply with national and international telecommunication regulations, including those concerning privacy, data protection, and consent.

    • Telemarketing Regulations: Adhere to specific rules regarding telemarketing, ensuring compliance with guidelines on call times, recipient consent, and truthful representation of products or services.


  4. Enforcement:

    • Audit and Compliance Checks: Any violations to the calling rules may lead to immediate suspension or termination of service.

    • Reporting Mechanism: Users are encouraged to report any misuse or suspicious activities. Qrispy is committed to investigating all reports promptly and taking appropriate action.


  5. Ethical Communication:

    • Promote Positive Interaction: We encourage the use of our platform for positive and constructive communication. Calls should be made with respect for the recipient's time and circumstances, fostering a professional and courteous environment.

By using Qrispy, you agree to uphold these standards in all calling activities. These guidelines are designed not only to comply with legal obligations but to ensure that Qrispy remains a trusted and valuable tool for personal and professional communication.

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