Acceptable Use Policy

1. Preamble and scope

This Acceptable Use Policy, also referred to as the AUP, sets out the rules governing the use of the Callizy service, a business telephony product provided by Workless.

Callizy enables businesses, among other things, to manage business telephone communications, including inbound calls, outbound calls, telephone numbers, voicemail, SMS, call campaigns, artificial intelligence based voice agents, call recordings, transcriptions, integrations and related features.

This AUP supplements the Callizy Terms and Conditions of Sale, the Privacy Policy and any special terms applicable to the Customer. In the event of a conflict, the Terms and Conditions of Sale prevail on general contractual matters, while this AUP prevails on matters relating to the technical use of the service, telecommunications compliance, campaigns, automated calls, SMS, AI voice agents, fraud, spoofing, restricted destinations and abusive use.

The AUP applies to any person using or accessing the Callizy service, including Customers, Users, account administrators, third-party integrators, authorized service providers, automated agents and any system connected to the service through an API, an integration or any other technical means.

Use of the Callizy service constitutes acceptance of this AUP. Any breach may result, depending on the seriousness of the situation, in the limitation, blocking, additional billing, suspension or termination of the account, as well as the pass-through of fees, fines or penalties under the conditions set out below and in the Terms and Conditions of Sale.

2. Definitions

For the purposes of this AUP, the following terms have the meanings set out below.

• AUP: this Acceptable Use Policy.
• Callizy: the business telephony service provided by Workless.
• Workless: the provider of the Callizy product.
• Customer: any natural person or legal entity that has subscribed to or uses the Callizy service.
• User: any person authorized by the Customer to access or use the Callizy service.
• Service: all Callizy features, including inbound and outbound calls, telephone numbers, SMS, call campaigns, AI voice agents, recordings, transcriptions, integrations, the API, management tools and related features.
• Call: any inbound or outbound voice communication, whether real-time or automated, routed through Callizy, a number associated with the Customer's account, an integration or an AI voice agent.
• SMS: any text message sent or received through Callizy, including transactional, commercial, automated or A2P messages.
• A2P: Application-to-Person communication, meaning the sending of a message or communication from an application, system or software to a natural person.
• Call campaign: a series of outbound calls to a list of recipients, whether created manually, imported, generated automatically, triggered by an integration or carried out by an AI voice agent.
• AI voice agent: a software feature used to initiate, receive or manage calls in which all or part of the voice interaction is generated, assisted or processed by artificial intelligence.
• Robocall: an automated call using an automatic dialing system, a prerecorded message, an artificial voice, a synthetic voice or an artificial intelligence generated voice, without real-time human intervention or with limited human intervention.
• Associated number: a telephone number assigned to the Customer by Callizy, ported by the Customer to the service, or declared by the Customer as being under its legitimate control.
• Spoofing: presenting to the recipient a caller identifier, number or Caller ID that does not correspond to a number legitimately assigned to or controlled by the Customer.
• Telecom fraud: any use of the service intended to generate fraudulent revenue, circumvent pricing rules, exploit inter-carrier loopholes or artificially generate traffic. This includes IRSF, wangiri, traffic pumping, access stimulation, the use of unauthorized SIM boxes, illicit GSM gateways and any similar activity.
• IRSF: International Revenue Share Fraud, meaning fraud that consists of artificially generating traffic to numbers that generate termination or revenue-sharing income.
• DNCL: Canada's National Do Not Call List, administered under the rules applicable to unsolicited telecommunications.
• TCPA: Telephone Consumer Protection Act, United States legislation applicable in particular to certain automated calls, prerecorded messages, artificial voices, SMS and telemarketing practices.
• FCC: Federal Communications Commission, the United States communications regulatory authority.
• CRTC: Canadian Radio-television and Telecommunications Commission.

3. General principles of use

The Customer must use Callizy in a professional, reasonable and lawful manner, in compliance with applicable laws.

The Customer is responsible for the use made of its account, including where such use results from:

• its own actions;
• the actions of its employees, agents, administrators or Users;
• third-party integrations it authorizes;
• automated systems it has configured;
• AI voice agents;
• call or SMS campaigns;
• an improper configuration of its account;
• unauthorized access resulting from a security failure attributable to the Customer.

The Customer must ensure that its communications comply with the laws applicable in the territories where the calls or messages are sent, received or intended to take effect.

This includes, as the case may be:

• Canadian rules on unsolicited telecommunications;
• CRTC rules;
• the National Do Not Call List;
• Canada's Anti-Spam Legislation (CASL);
• Canadian and Quebec personal information protection legislation;
• the TCPA;
• FCC rules;
• United States federal and state rules applicable to automated calls, SMS, commercial campaigns, call recordings, consent and do-not-call lists;
• local laws applicable in any other relevant territory.

The Customer must obtain, retain and be able to demonstrate any required consent before initiating an automated, commercial, promotional, prerecorded or AI-generated communication, or a communication addressed to a person who has asked not to be contacted.

4. Prohibited uses

The Customer agrees not to use Callizy, directly or indirectly, for the purposes listed below.

This list is not exhaustive. Workless reserves the right to classify as abusive or prohibited any use contrary to the spirit of this AUP, applicable laws, rules imposed by telecom carriers, the requirements of its suppliers, the security of the service or the rights of third parties.

4.1 Telecom fraud

The following are prohibited:

• any form of IRSF;
• wangiri;
• the exploitation of premium-rate, surcharged or shared-cost numbers for fraudulent purposes;
• traffic pumping;
• access stimulation;
• the artificial generation of inbound or outbound traffic;
• the use of unauthorized SIM boxes, GSM gateways or similar means;
• the circumvention of international or inter-carrier rates;
• the use of fraudulent, stolen, misappropriated or unauthorized means of payment;
• the fraudulent acquisition of numbers, credits, subscriptions or telecom capacity;
• any attempt at abusive monetization of traffic generated through Callizy.

4.2 Automated calls, robocalls and campaigns without consent

The following are prohibited:

• robocalls without the required consent;
• non-compliant outbound call campaigns;
• prerecorded voice messages sent without legal authorization;
• AI-generated calls without a legal basis or appropriate consent;
• calls to persons registered on an applicable do-not-call list, except where a legal exception applies;
• calls outside the hours permitted by applicable law;
• misleading, aggressive, fraudulent or abusive campaigns;
• the use of an AI voice agent to conceal the automated or artificial nature of the call where the law requires disclosure or consent.

For calls to Canada, the Customer must comply with the Canadian rules applicable to unsolicited telecommunications, including CRTC rules and DNCL requirements.

For calls to the United States, the Customer must comply with the TCPA, FCC rules and any applicable federal or state rules, in particular regarding prior consent, prior express written consent where required, caller identification, revocation of consent, do-not-call lists and the use of artificial, prerecorded or AI-generated voices.

Outbound campaigns using an AI voice agent are permitted only where the Customer complies with all the conditions set out in applicable laws, including obtaining and retaining the required consents, correctly identifying the caller and respecting rights to object or opt out.

Workless may suspend, limit or block any automated or AI campaign where it presents a legal, regulatory, operational, reputational, fraud or non-compliance risk.

4.3 SMS, A2P messages and commercial communications

The following are prohibited:

• sending commercial SMS without valid consent;
• sending SMS without clear identification of the sender where such identification is required;
• the absence of an unsubscribe mechanism where one is required;
• sending messages that are misleading, fraudulent, impersonate a third party or contain malicious links;
• smishing;
• bulk sending of SMS without authorization, registration, validation or compliance with applicable carrier rules;
• circumventing the A2P, filtering, throughput or registration rules imposed by carriers.

The Customer is responsible for the content of SMS sent through Callizy, the recipient lists used, the associated consents and the handling of unsubscribe requests.

Workless may block, filter, limit or suspend any SMS or A2P traffic likely to contravene applicable laws, carrier rules or this AUP.

4.4 Identity theft and illegal spoofing

The following are prohibited:

• presenting a Caller ID that does not correspond to a number assigned to the Customer or legitimately controlled by it;
• any spoofing for the purpose of fraud, deception, intimidation, harassment, circumventing a block or obtaining an undue advantage;
• impersonating a bank, government body, public authority, emergency service, health organization, utility provider or any other entity;
• falsifying, altering or manipulating caller identification information;
• circumventing, altering or disabling attestation mechanisms, including STIR/SHAKEN where applicable.

Callizy may rely on the attestations provided by its partner networks for the numbers it assigns or routes. The Customer may not modify, degrade, circumvent or manipulate these mechanisms.

4.5 Illegal content and purposes

Calls, SMS, voice messages, transcriptions, AI voice agents or content used for the following are prohibited:

• fraud, scams or attempted scams;
• voice phishing, vishing or smishing;
• identity theft;
• harassment, threats, intimidation or stalking;
• extortion or blackmail;
• distribution of malware or fraudulent links;
• unlawful collection of personal information;
• hate speech, incitement to violence or discrimination based on grounds prohibited by applicable laws;
• sexual exploitation of minors, child pornography, solicitation of minors or any content relating to child abuse;
• promotion of illegal drugs, prohibited weapons, prohibited sexual services or criminal activities;
• circumvention of a legal or judicial prohibition;
• any activity prohibited by the Criminal Code of Canada or by the criminal, civil, administrative or consumer protection laws applicable in the relevant jurisdiction.

4.6 Abusive technical use

The following are prohibited:

• load testing, stress testing or benchmarking without the prior written authorization of Workless;
• scraping, crawling or excessive querying of the API;
• circumventing rate limits, quotas, anti-abuse systems or throttling mechanisms;
• automated account creation;
• creating multiple accounts to circumvent a trial period, quota, usage limit or restriction;
• circumventing anti-bot mechanisms, including any automated verification or protection system;
• reverse engineering, disassembling, decompiling or attempting to extract the source code of the service, except to the strict extent permitted by law;
• exploiting a security vulnerability without prior responsible disclosure;
• any attempt to gain unauthorized access to accounts, data, systems or infrastructure;
• any action intended to compromise the confidentiality, integrity, availability, security or performance of the service.

4.7 Resale, unauthorized sharing and misuse of the service

Unless authorized in writing by Workless, the Customer may not:

• resell the Callizy service;
• offer Callizy as a third-party telephony service under its own brand;
• share an account among several unauthorized entities;
• use Callizy as termination or routing infrastructure for another telecommunications carrier or provider;
• rent, sublicense or make available Callizy numbers, capacity, API access or features to unauthorized third parties;
• use the service in a manner comparable to the activity of a telecom carrier, aggregator, outsourced call centre or bulk campaign platform without a specific agreement.

5. Reasonable use, unlimited plans and usage limits

Some Callizy plans may include calls, messages or features presented as "unlimited". This term means that the service may be used within the scope of normal, reasonable business use in compliance with this AUP. It does not constitute an authorization for abusive, automated, fraudulent, abnormal or intensive use, or for use incompatible with the intended capacity of the service.

The following, in particular, are not included in reasonable use:

• mass call or SMS campaigns not provided for in the subscribed plan;
• high-volume automated calls;
• intensive call centre use without a specific agreement;
• artificial traffic or traffic generated mainly to consume minutes;
• repeated calls to premium-rate, surcharged, satellite or high-risk numbers;
• resale or pooling of the service;
• uses generating disproportionate costs for Workless or its carriers;
• uses likely to degrade the service for other Customers;
• uses that do not comply with laws, carrier rules or compliance requirements.

Workless may monitor volumes, destinations, frequencies, call patterns, failure rates, complaint rates, reports, automated behaviour and other technical indicators in order to detect abnormal, fraudulent or non-compliant use under this AUP.

In the event of abnormal or excessive use, Workless may, depending on the circumstances:

• notify the Customer;
• request information or supporting documents;
• impose throughput limits;
• limit certain destinations;
• exclude certain uses from the unlimited plan;
• bill certain uses separately;
• require a migration to an appropriate plan;
• temporarily suspend certain features;
• suspend or terminate the account in serious cases.

Where reasonably possible, Workless will notify the Customer before any limitation or additional billing. However, no prior notice is required in the event of actual or suspected fraud, an immediate risk to the service, a carrier requirement, a request from an authority, a regulatory risk, a security risk or manifestly unlawful use.

6. International destinations, restricted destinations and high-risk countries

Callizy base plans cover the destinations expressly included in the subscribed offer, including Canada and the United States where the plan so provides.

International calls or messages to other countries are not included by default in base plans. They may be activated at the Customer's request, subject to approval by Workless, technical availability, regulatory compliance, a risk assessment and acceptance of the applicable rates.

Workless may refuse, limit, suspend or impose conditions on access to certain destinations, including:

• countries subject to applicable Canadian, United States or international sanctions;
• destinations presenting a high risk of telecom fraud;
• premium-rate, surcharged, satellite or revenue-sharing numbers;
• number ranges known for IRSF, wangiri or traffic pumping;
• destinations subject to blocking or restriction by a partner carrier;
• countries or areas where local rules make use of the service risky, prohibited or disproportionate.

Workless may change the available, restricted or blocked destinations at any time where legal, technical, commercial, regulatory, carrier or security requirements so demand.

Calls or messages to international destinations activated on request may be subject to specific pricing, separate from the base plan. The Customer is responsible for paying these charges.

7. Call recording and transcriptions

Callizy may allow the Customer to enable call recording, automatic transcription or a prior voice announcement informing the other parties that a call is being recorded.

These features are configurable by the Customer. In particular, the Customer may decide whether or not to enable recording and whether or not to enable the prior announcement where this option is available.

The Customer is solely responsible for:

• deciding whether to enable recording;
• deciding whether to enable the prior announcement;
• informing the participants in the call;
• obtaining the required consents;
• complying with the laws applicable in the relevant jurisdictions;
• determining whether the automatic announcement offered by Callizy is sufficient in the relevant context;
• handling requests for access, deletion or objection where these fall under its responsibility.

The Customer acknowledges that certain jurisdictions require the consent of all parties to a call before it is recorded. This may be the case, in particular, in certain so-called all-party consent states in the United States, as well as in certain contexts in Canada or elsewhere depending on the nature of the communication.

Where the Customer chooses to disable the prior recording announcement, it assumes full responsibility for informing the other parties and for obtaining any required consent through another legally sufficient means.

Workless provides technical features, but does not verify the lawfulness of the configuration chosen by the Customer or the compliance of each recorded call.

8. AI voice agents

Callizy may allow the Customer to configure and use voice agents based on artificial intelligence.

Depending on the features enabled, these agents may, among other things:

• answer inbound calls;
• initiate outbound calls;
• carry out call campaigns;
• use a contact list imported or configured by the Customer;
• interact verbally with recipients;
• collect responses;
• transfer a call to a human;
• generate or use transcriptions, summaries or context data.

The use of AI voice agents is permitted only in compliance with applicable laws.

The Customer is responsible for:

• the lawfulness of the scenarios configured;
• the scripts, instructions, data, lists and content provided to the AI agent;
• obtaining the required consents;
• correctly identifying the caller;
• complying with the rules on automated calls, artificial voices, prerecorded voices or AI-generated voices;
• complying with the rules on telemarketing, prospecting, do-not-call, DNCL, opt-out and revocation of consent;
• reasonable supervision of the AI agent;
• handling requests from the persons contacted.

The Customer must not use an AI voice agent to:

• mislead a person about the identity of the caller;
• impersonate a person, business, authority or institution;
• unlawfully conceal the automated or artificial nature of the interaction;
• collect personal information unlawfully;
• exert undue pressure, manipulate or harass;
• circumvent rules on automated calls or commercial campaigns;
• generate communications prohibited by this AUP.

Workless may suspend or limit the use of an AI voice agent where it presents a risk of non-compliance, fraud, complaints, infringement of third-party rights, harm to the reputation of the service or breach of carrier rules.

9. Customer responsibility

The Customer is solely responsible for the use made of its Callizy account.

This responsibility covers, in particular:

• inbound and outbound calls;
• SMS;
• campaigns;
• AI voice agents;
• recordings;
• transcriptions;
• contact lists;
• scripts;
• imported data;
• integrations;
• API access;
• configurations;
• user credentials and access;
• compliance with applicable laws;
• obtaining and retaining the necessary consents;
• handling unsubscribes, objections and removal requests.

The Customer must be able to demonstrate, upon reasonable request from Workless, that it holds the authorizations, legal bases, consents, lists and procedures required for the uses carried out through Callizy.

Workless may request from the Customer information or documents to verify the compliance of a use, in particular in the event of abnormal volume, a large campaign, a complaint, a report, a carrier alert, suspected fraud or a request from an authority.

Refusal to provide sufficient information may result in the limitation, suspension or termination of the service.

10. Pass-through of fees, fines and penalties

The Customer is responsible for the financial consequences resulting from its use of the service in breach of this AUP, the Terms and Conditions of Sale, applicable laws or rules imposed by carriers.

Any fine, penalty, sanction, withholding, blocking fee, carrier fee, capacity suspension, remediation cost, compliance cost, investigation cost, claim or financial charge imposed on Workless or its suppliers as a result of use attributable to the Customer may be passed through to the Customer.

This pass-through applies in particular where the charges result from:

• telecom fraud;
• abusive or artificial traffic;
• a prohibited use;
• a breach of the rules on automated calls;
• a breach of the rules on SMS or A2P messages;
• a lack of consent;
• an unlawful recording;
• spoofing;
• a non-compliant campaign;
• a complaint or investigation related to the Customer's conduct;
• a request or sanction from a carrier, regulator or authority.

Charges passed through must be reasonable, documented and related to the breach or use in question. They may include legal fees reasonably incurred to defend Workless or respond to an investigation related to the Customer's use.

11. Indemnification

The Customer agrees to indemnify, defend and hold harmless Workless, Callizy, their officers, employees, representatives, service providers, partner carriers and suppliers against any claim, action, investigation, loss, damage, liability, fine, penalty, fee or expense, including reasonable legal fees, resulting directly or indirectly from:

• the Customer's use of the service;
• a breach of this AUP;
• a breach of the Terms and Conditions of Sale;
• a violation of applicable laws;
• a lack of consent;
• a non-compliant campaign;
• an unlawful automated call or SMS;
• an unlawful call recording;
• abusive use of an AI voice agent;
• telecom fraud;
• spoofing;
• an infringement of third-party rights;
• content or a scenario provided by the Customer.

This indemnification obligation survives the termination of the account or the agreement.

12. Control measures, limitation, suspension and termination

Workless may take any reasonable measure to protect the service, its Customers, its suppliers, its carriers, the recipients of communications, the relevant authorities and its regulatory compliance.

These measures may include:

• monitoring of usage volumes and patterns;
• requests for information or supporting documents;
• warnings;
• throughput limitation;
• blocking of certain destinations;
• blocking of certain numbers;
• temporary deactivation of a feature;
• suspension of a campaign;
• suspension of an AI voice agent;
• suspension of SMS;
• suspension of outbound calls;
• complete suspension of the account;
• termination of the account;
• reporting to a carrier or authority where required or appropriate.

Workless may act immediately, without notice, in the event of:

• actual or suspected fraud;
• an immediate risk to the service or infrastructure;
• manifestly unlawful use;
• a serious complaint;
• a request or requirement from a carrier;
• a request from an authority;
• a risk of sanctions;
• a security risk;
• fraudulent payment;
• an infringement of third-party rights;
• use likely to harm the reputation, availability or compliance of the service.

Where reasonably possible, Workless will inform the Customer of the measure taken and the general reasons for it, unless prohibited by law, required by an authority, or where doing so would pose a risk to an investigation, a security risk or a risk of aggravating the harm.

13. Cooperation with authorities and carriers

Workless may cooperate with judicial, police, administrative, regulatory, consumer protection, personal information protection and telecommunications authorities, within the limits set by applicable law.

This cooperation may include responding to:

• requisitions;
• warrants;
• court orders;
• CRTC requests;
• requests from competent authorities;
• requests from partner telecom carriers;
• investigation requests relating to fraud, spam, robocalls, abusive SMS or spoofing;
• foreign requests submitted through a legally recognized channel.

Workless may also cooperate with its suppliers and partner carriers to prevent, detect, block or remedy abusive, fraudulent or non-compliant use.

To the extent permitted by law, Workless will endeavour to inform the Customer when a request specifically targets its account, unless prohibited, in an emergency, where there is a risk to an investigation, a security risk or a contrary obligation.

14. Reporting abuse

Any abuse or suspicious use of the Callizy service may be reported to the following address:

support@callizy.ca

Reports may concern, in particular:

• fraudulent calls;
• harassment;
• unsolicited robocalls;
• commercial SMS sent without consent;
• spoofing;
• identity theft;
• a misleading AI voice agent;
• telecom fraud;
• abusive use of a Callizy number.

Workless will review reports received within a reasonable time and may take any appropriate measure, including requesting information from the Customer, blocking a number, suspending a campaign, limiting the account or suspending it immediately in the event of a serious breach or imminent risk.

15. Changes to the AUP

Workless may amend this AUP to adapt it to:

• changes in the service;
• the addition of new features;
• legislative or regulatory changes;
• the requirements of partner carriers;
• the rules applicable to calls, SMS, AI voice agents or telecommunications;
• fraud or security risks;
• industry practices.

Material changes will be notified to the Customer by email or by notice in the Callizy application at least thirty (30) days before they take effect, except where an immediate change is necessary to comply with the law, meet a carrier requirement, prevent fraud, protect the service, address a security risk or comply with a request from an authority.

Minor changes, clarifications, typographical corrections, updates to restricted destinations or non-material adjustments may be applied without specific notice, provided that the date shown at the top of the document is updated.

If the Customer refuses a material change, it may terminate its subscription under the conditions set out in the Terms and Conditions of Sale before the change takes effect. Continued use of the service after that date constitutes acceptance of the amended AUP.

16. Contact

For any question regarding this AUP, a use of the service, a report or a measure taken under this policy, the Customer may contact Callizy using the following contact information:

General support and reports: support@callizy.ca
Privacy: privacy@callizy.ca
Mailing address: Workless / Callizy - 325-2114 Sainte-Catherine Street East, Montréal, Québec H2K 0G2, Canada
Telephone: +1 (438) 533-8446

17. Governing law and jurisdiction

This AUP is governed by the law applicable in the Province of Quebec and the applicable federal laws of Canada.

Subject to applicable mandatory provisions, any dispute relating to the interpretation, performance or application of this AUP shall be submitted to the competent courts of the judicial district of Montréal, Québec, Canada.