Fair Use Policy

Introduction

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OpenPhone is dedicated to providing a safe way for users to send and receive messages, and in order to achieve that goal, we do not permit certain types of content or messaging on our platform.

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

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OpenPhone 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. OpenPhone 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 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.

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Rules for Messaging on OpenPhone

Customer shall not use the Service to send:

• 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;
• 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;
• Cold calling and/or messaging, including but not limited to any messages without proper consent and opt-out language;
• Malicious content, including but not limited to malware or viruses;
• 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;
• Messages relating to the offer, promotion, or sale of kratom or other paraphernalia products;
• Messages relating to the offer, promotion or sale of prescription medication;
• Messages relating to the offer, promotion or sale of gambling, including but not limited to references or links to casino apps or gambling websites;
• Messages relating to the offer, promotion or sale of sexual or adult services;
• Messages relating to the promotion of hate speech;
• Messages relating to the offer, promotion or sale of alcohol;
• Messages relating to the offer, promotion or sale of firearms;
• Messages relating to the offer, promotion or sale of tobacco-related products;
• 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;
• Messages relating to third-party lead generation or marketing services that buy, sell, or share consumer information, including but not limited to affiliate marketing;
• Messages related to third-part lead generation or marketing services that engage in deceptive marketing;
• 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;
• 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;
• Messages relating to the sale of fireworks or explosives.