Calling Compliance Terms

1. What These Terms Cover

These Calling Compliance Terms (“Compliance Terms”) apply to your use of the Coldvise dialer and any calling feature of the Service. They supplement, and are part of, the Terms of Service. Where these Compliance Terms and the Terms of Service address the same subject, these Compliance Terms control for calling activity.

In these Compliance Terms, “you” and “Customer” mean the account holder and any business on whose behalf calls are made; “we,” “us,” and “Coldvise” mean Gavin VanderLaan d/b/a Coldvise; “Calling Laws” means the Telephone Consumer Protection Act (TCPA) and its implementing rules, the FTC Telemarketing Sales Rule (TSR), the FCC and FTC Do Not Call rules, and every applicable state telemarketing, calling-hours, registration, recording, and consent law.

2. You Are Solely Responsible for Compliance

Coldvise is software. You decide who is called, when they are called, what is said, and on what basis you believe the call is lawful. You are solely responsible for complying with all Calling Laws in connection with every call placed through your account, including calls placed by anyone you allow to use your account.

Coldvise does not review, approve, or endorse your lists, scripts, offers, consent records, or calling practices. Any feature that blocks, limits, warns about, or delays a call, Do Not Call blocking, and the on-screen notices about local calling hours and repeat calls, is a convenience, is provided as-is, may be incomplete or wrong, and does not make a call that it allows lawful. Most of those notices are informational only and do not prevent the call: they tell you what we can see, and you decide whether to place it. Compliance remains yours whether or not any of those features act.

3. You Are the Seller of Record

You are the “seller” and, where applicable, the “telemarketer” for your calls, as those terms are used in the Telemarketing Sales Rule and analogous state law. Coldvise is not a seller, telemarketer, or lead provider for your calls, and does not act as your agent in placing them.

Calls placed through your account must present a caller ID you are entitled to use and must accurately identify you, on whose behalf the call is made, and the purpose of the call, as required by Calling Laws.

4. Do Not Call Registration and Your SAN

Where the Calling Laws require access to the National Do Not Call Registry, you must obtain and maintain your own subscription and your own Subscriber Account Number (SAN), and you must scrub your calling data against the national registry, applicable state registries, and your own internal do-not-call list at the intervals the law requires.

A SAN is issued to a single seller and may not be shared, sublicensed, resold, or used by another party. Coldvise does not hold a SAN for your benefit, does not scrub your data against the national registry on your behalf, and no registration, filing, or account of ours covers your calling in any way.

Determining whether your calling requires a SAN, obtaining one if it does, and scrubbing against the registries it gives you access to are entirely your responsibility. The Service does not ask you for a SAN, does not check whether you hold one, and does not scrub against any registry on your behalf. Nothing about the Service working for you should be read as an indication that your calling is registered, exempt, or otherwise permitted.

5. Consent, Existing Business Relationships, and Records

You represent that, for every number you call through the Service, you have a lawful basis to call it, prior express consent, prior express written consent where required for marketing or the use of automated technology, an existing business relationship within the period the law allows, or another basis that actually applies to your call.

• You obtain and retain evidence of consent or relationship for each number, for at least as long as the law requires.
• You honor a do-not-call request immediately, and in any event within the time the law requires, on every channel it applies to.
• You do not call numbers you know or should know are wireless, reassigned, or ported in a way that makes the call unlawful.
• You do not upload, call, or process lists you are not permitted to use, including purchased or scraped lists without a lawful basis.
• You obtain any recording or transcription consent required where you and the called party are located, as described in the Terms of Service.

6. Prohibited Calling

You may not use the Service to place calls that violate Calling Laws, to call numbers on a registry or list you are required to honor, to call outside permitted calling hours in the called party’s local time, to spoof or misrepresent caller identity, to conduct fraud, or to make calls on behalf of a third party in a manner that conceals who the seller actually is.

7. Indemnification

You will defend, indemnify, and hold harmless Coldvise and its owner, personnel, and suppliers from and against any claim, demand, investigation, proceeding, penalty, fine, judgment, settlement, loss, or expense (including reasonable attorneys’ fees) arising out of or relating to calls placed through your account, your lists or consent records, or your breach of these Compliance Terms. This includes claims brought by called parties, class actions, and actions by the FTC, FCC, a state attorney general, or another regulator.

This obligation survives termination of your account and applies regardless of whether any Coldvise feature blocked, warned about, or allowed the call at issue.

8. Suspension and Termination

We may suspend or terminate your access to calling features, or to the Service, immediately and without prior notice, if we believe in good faith that your calling violates Calling Laws or these Compliance Terms, that your representations to us are inaccurate, that your account is being used by an undisclosed third party, or that continued calling exposes Coldvise, our carriers, or called parties to harm. We may also require you to re-accept these Compliance Terms, or to provide evidence of consent, registration, or scrubbing, as a condition of continued access.

Suspension for suspected non-compliance does not entitle you to a refund of amounts already paid, and does not limit any other remedy available to us.

9. Monitoring and Records

To operate the Service and to meet our own legal obligations, we keep records of calling activity on your account. These include the numbers dialed and call metadata, calls the Service blocked and the reason for each block, calls the Service warned you about and placed anyway, entries on your do-not-call list and how each was added, decisions you make about calling numbers on that list, your acceptance of these Compliance Terms (including the version accepted, the date, and the IP address and browser used), and any business information you choose to provide.

We may review this information, including in aggregate and at the account level, to detect patterns that suggest unlawful calling, and we may act on what we find, including under Section 8. We may disclose these records to regulators, carriers, and law enforcement where required or where we believe in good faith that disclosure is necessary. Handling of personal information is described in our Privacy Policy.

9a. Analysis of Call Content for Script Performance

The Service analyzes the transcripts of your calls to measure how the parts of a sales script perform: which section or line each live suggestion corresponded to, whether it was spoken, and what was observed on the calls where it came up. This is described in detail in Section 2a of our Privacy Policy, which governs how that information is handled.

This analysis does not change who is responsible for your calls, and it is not a review or approval of them. Nothing in this reporting is a representation that a script, a section, a rebuttal, or a line is lawful, effective, or suitable for any recipient, list, or jurisdiction. The figures shown are correlations over calls you chose to place, not findings of cause, and they must not be relied on as a substitute for your own compliance judgment under Sections 2 through 6.

You remain responsible for the content of everything said on your calls, including any line you speak because the Service suggested it.

9b. Community Reporting

If you obtained access to the Service through a community, course, or partner, that community’s owner may be shown aggregated, de-identified statistics about their members, subject to your consent, a minimum group size, and the other limits described in Section 2b of the Privacy Policy. Consent is off by default, is requested before you sign up, and can be withdrawn at any time in Settings.

A community owner does not receive your call recordings, transcripts, contacts, or the suggestions shown to you on a call, and is not a party to your calls. Providing a script or a community does not make its owner the seller of record for your calling, and it does not transfer any obligation under these Compliance Terms away from you.

If you are a community owner: the reporting made available to you is provided as-is for your own use in improving your materials. You may not use it, or attempt to combine it with other information you hold, to identify the calling activity of an individual member. You are responsible for your own obligations to your members in respect of anything you receive.

10. What You Accept in the App

Before the dialer is enabled, you are asked once to accept the Terms of Service and these Compliance Terms. That acceptance is stored as a separate, permanent record, the version of these Compliance Terms you accepted, the date and time, and the IP address and browser used. A record is never edited or replaced by a later one; if these Compliance Terms are updated and you accept the new version, that acceptance is stored as an additional record.

By accepting, you represent that you are authorized to accept these Compliance Terms on behalf of the business making the calls, and that the representations you make in them, including those in Sections 3, 4, and 5 about being the seller of record, holding your own Do Not Call registration where one is required, and having a lawful basis for every number you call, are true and remain true for as long as you use the Service. You are not asked to re-confirm them periodically; they apply continuously, and it is your responsibility to stop calling through the Service if any of them stops being true.

You may also provide optional business details (business name, website, EIN) in Settings. Providing them is not a condition of using the dialer, and providing them does not amount to verification or approval of your calling by us.

11. No Legal Advice

Nothing in these Compliance Terms, in the app, or in any Coldvise documentation is legal advice. Calling Laws are complex, differ by state, and change. You are responsible for obtaining your own legal advice about your calling program.

12. Changes to These Terms

We may update these Compliance Terms. Material changes take effect for your account when you accept the updated version in the app, or as otherwise stated at the time of the change. Continued use of calling features after an update takes effect means you accept it.

Questions about these Compliance Terms: gvanderlaan22@gmail.com.