Calling & Recording Policy

This Calling and Recording Policy (the "Policy") is part of the Terms of Service and the Acceptable Use Policy, applies to both editions of the platform (Polca and LifePros), and governs your use of the Service to place, answer, record, or automate telephone calls. Where this Policy and the Terms address the same subject, this Policy controls for calling activity. Capitalized terms have the meanings given in the Terms.

Why this document exists. Telephone consumer law does not treat "the software vendor" and "the caller" the same way, and it does not treat an AI voice the same way it treats a human one. This Policy states plainly which obligations are yours, what the platform does and does not do for you, and what you are certifying each time you enable a list for calling.

1. Roles: you are the caller and the seller

1.1 For every campaign and every call, your Agency is the "seller" and the party on whose behalf the call is initiated. You select the recipients, determine the purpose and any offer, supply or approve the configuration and messaging, and direct the platform to initiate or answer the communication. Polca acts solely as your technology provider.

1.2 Engaging Polca does not transfer your obligations. Retaining a vendor to place calls on your behalf does not move consumer protection obligations to that vendor, and no provision of this Policy should be read as Polca assuming your compliance duties.

1.3 Polca gives no legal advice and makes no compliance guarantee. The platform rails described in Section 10 are tools that support a compliance program you own and operate.

2. AI Voice is an artificial voice

2.1 This is the provision most often misunderstood, so it is stated first. Calls placed using the AI appointment setting assistant use an artificial or prerecorded voice as that term is used under the Telephone Consumer Protection Act and the rules of the Federal Communications Commission, which has determined that calls using AI generated voices fall within that category.

2.2 Consequently, where your call is a telemarketing or advertising call to a residential or wireless number, the AI assistant may not be used unless you hold prior express written consent from the called party meeting the requirements of applicable law, a higher standard than the consent sufficient for a manually dialed, live agent call.

2.3 Consent that was adequate for a human dialer is not automatically adequate for AI Voice. Lead capture language collected before you evaluated it against this standard, or drafted without reference to automated or artificial voice calling, will frequently fail to support AI Voice calling even where it remains sufficient for a live agent. You are responsible for making that determination list by list.

2.4 You are responsible for any AI disclosure requirements in jurisdictions that impose them. Polca does not promise that the assistant will identify itself as automated; where your jurisdiction requires such a disclosure, ensuring your configuration and scripts satisfy it is your responsibility, and you must not configure your use to violate it.

3. Prior express written consent: what it must contain

Where prior express written consent is required, the record you rely on must, at minimum: (a) be a written agreement, which may be electronic, signed by the consumer; (b) identify your Agency by name as the party authorized to call; (c) state clearly that the consumer authorizes calls or texts using an automatic telephone dialing system and/or an artificial or prerecorded voice; (d) include the telephone number to which consent applies; and (e) not be a condition of any purchase. You must be able to produce the disclosure language as displayed, the capture timestamp and associated capture data, and the lead source.

4. Per list attestation and AI activation confirmation

4.1 Per list attestation. Before any list, segment, or campaign is enabled for calling, and again upon any material change to its composition or source, you attest to Polca to the consent basis and source of that list: what consent or other lawful basis was captured, by whom, and that it covers the channel and technology you intend to use.

4.2 AI Voice certification. Before any list is enabled for AI Voice calling, the attestation takes the following form:

I CERTIFY THAT ALL CONTACTS ENABLED FOR AI VOICE CALLING HAVE PROVIDED PRIOR EXPRESS WRITTEN CONSENT, AS REQUIRED UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND ITS IMPLEMENTING REGULATIONS, TO RECEIVE TELEMARKETING CALLS USING AN ARTIFICIAL OR PRERECORDED VOICE FROM MY AGENCY SPECIFICALLY; THAT SUCH CONSENT WAS NOT OBTAINED AS A CONDITION OF ANY PURCHASE; THAT IT HAS NOT BEEN REVOKED; AND THAT I CAN PRODUCE THE SUPPORTING RECORDS ON REQUEST.

4.3 Owner confirmation before AI dialing activates. In addition to the per list attestations above, AI dialing does not activate for an Agency until the Agency owner completes a separate confirmation acknowledging the standards in Sections 2 and 3 and the Agency's responsibility for them. Polca records each attestation and confirmation with the certifying user, timestamp, and the account, list, or campaign it covers, and retains that record as evidence of the representations made.

4.4 An attestation or confirmation is a representation of fact by your Agency. Polca does not independently verify it, and does not warrant its accuracy.

5. Legacy, imported and acquired lists

5.1 Migrating an existing book onto the platform is the highest risk moment in an agency's use of the Service, because consent language, lead provenance, and suppression history were captured under systems and standards Polca has no visibility into.

5.2 For any list imported from a prior platform, acquired with a book of business, obtained from a lead vendor or aggregator, or otherwise not captured through your own current intake, you must, before enabling it for calling: (a) determine and document the consent basis actually captured, including the disclosure language as displayed and the named seller; (b) determine whether that basis supports the channel and technology you intend to use, evaluating AI Voice separately under Sections 2 and 3; (c) screen it under Sections 6 and 7; and (d) exclude any portion for which you cannot produce a defensible record.

5.3 An inability to verify consent is a decision, not a gap. Where records cannot be produced, the list must be excluded from automated and artificial voice calling, or re-permissioned through a fresh, compliant capture.

5.4 Polca may decline to enable, or may suspend, any imported list pending satisfactory evidence under Section 9.

6. Do-not-call screening and the Opt-Out Ledger

6.1 Registry screening is your duty. Where your calls require it, you must screen against the National Do Not Call Registry using Registry data obtained or refreshed within the preceding 31 days, and against every applicable state registry, retaining evidence of each screening performed. Calls made with the called party's prior express consent or invitation, or within an established business relationship, are generally exempt from registry restrictions; confirming that an exemption actually applies to a given list, in every applicable jurisdiction, is your responsibility.

6.2 The Opt-Out Ledger. The platform maintains a permanent, per Agency Opt-Out Ledger: the authoritative record of Consumers who have opted out or must not be contacted by your Agency.

• You may upload entries (for example, your existing internal do-not-call list) and download the full ledger at any time.
• Opt-outs detected or recorded on platform calls are added automatically.
• The ledger lives in the platform and survives disconnection or replacement of any CRM; disconnecting a CRM never clears it.
• It is always included in your account export, and it may be retained after account closure solely to honor do-not-call obligations.

6.3 What the platform does and does not do. The Service automatically enforces, at dial time and across the AI assistant and the power dialer, the Opt-Out Ledger and suppression records held within the platform. The Service does not scrub your lists against the National Do Not Call Registry, state registries, or third party litigator or complainant databases on your behalf unless a written order form expressly says otherwise. Do not rely on platform suppression as a substitute for registry screening.

6.4 Certain safe harbors available under federal telemarketing rules are conditioned on maintaining written compliance procedures, personnel training, an internal suppression list, and records evidencing timely registry access. Those are your obligations; a screening record older than the applicable window may forfeit the protection.

7. Reassigned and wrong party numbers

7.1 Telephone numbers are reassigned to new subscribers, and consent does not travel with a number. Consent you validly obtained may become worthless without any act by you or the consumer.

7.2 Where you rely on consent to call a number, particularly on aged, dormant, reacquired, or imported lists, you are responsible for taking reasonable steps to confirm the number still reaches the consenting party, including use of the FCC Reassigned Numbers Database where the associated safe harbor is relied upon, and retaining the query results.

7.3 On learning that a number has been reassigned or reaches a wrong party, you must suppress it immediately and not re-dial it.

8. Revocation of consent

8.1 A consumer may revoke consent through any reasonable means. You may not designate an exclusive method of revocation, and you may not require a consumer to use a particular script, form, channel, or portal to stop calls.

8.2 Words such as "stop," "quit," "revoke," "opt out," "cancel," "unsubscribe," and "end," and their plain equivalents, revoke consent when a consumer uses them to express a desire not to be contacted further, including spoken on a call, stated to a live agent, left on a recording, or sent by text.

8.3 A revocation must be honored as soon as practicable and in no event more than ten (10) business days after receipt, and applies across channels to the extent required by applicable law.

8.4 You must promptly transmit to Polca every revocation received outside the Service, whether received orally on any call, by callback, through a producer, by text, by email, or through any other reasonable channel, so it can be added to your Opt-Out Ledger, and you must ensure connected CRMs, workflows, and re-import processes do not reintroduce a suppressed consumer. Polca cannot suppress what it is never told.

8.5 Polca may treat a statement it detects as a revocation and add the number to your Opt-Out Ledger, suppressing it platform wide, including for manual dialing, without waiting for your instruction. Such suppression is protective and is not a representation that all revocations have been detected.

9. Evidence, audit and campaign holds

Polca may, before or during any campaign, request reasonable evidence of the representations in this Policy, including lead source agreements, consent certificates and capture page records, consent timestamps and associated data, registry screening and reassigned number query records, scripts and AI configurations, licensing evidence, and recording disclosures, and may suspend or decline dialing for the affected list or campaign if satisfactory evidence is not provided promptly. Polca's request for, receipt of, or failure to request evidence does not shift responsibility for compliance to Polca.

10. Platform rails: hours, cross-checks, caps, kill switch

10.1 The platform enforces, for every Agency on both editions:

• Calling hours of 9:00 am to 7:00 pm in the lead's local time, stricter than the federal window, and no outbound dialing on Sundays;
• Timezone cross-checks validating the lead's local time against multiple signals (including state and area code) before a call is placed;
• Opt-Out Ledger and suppression enforcement at dial time;
• A kill switch that stops all of the Agency's outbound dialing immediately; and
• Cadence caps limiting attempt frequency per Consumer.

10.2 These rails cannot be configured to be looser by any Agency, user, or setting. Agencies may only tighten them (for example, narrower hours or lower caps).

10.3 The rails do not cover every restriction that may apply to your calls (for example, state holiday or emergency restrictions, or state rules stricter than the rails). Where the law applicable to a call is stricter than the rails, complying with it is your responsibility.

10.4 Caller identification must reflect your Agency's true, registered name. Required identification statements, including who is calling, on whose behalf, and a number at which you can be reached, are your responsibility.

11. Call recording

11.1 Per Agency toggle, on by default. Recording is controlled by an Agency level setting, enabled by default. The Agency owner may disable recording for the Agency at any time.

11.2 Responsibility. By accepting the Legal Set, the Agency accepts responsibility for recording law compliance for its calls: determining where notice or consent is required (including all-party consent jurisdictions), providing required notices, obtaining required consents, and disabling recording where it cannot record lawfully.

11.3 Courtesy suppression in 15 states. The platform automatically suppresses recording on calls to numbers associated with California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. This safeguard keys off the number's associated location, which may not match where the person actually is; it may not reach every call subject to an all-party consent or notice law, and other states' notice rules are not covered. It is a courtesy safeguard only. It does not shift recording law responsibility off the Agency, and the Agency may not rely on it as a compliance measure.

11.4 Retention. Recordings are retained for 90 days and then permanently deleted, with export available before deletion (Terms Section 11).

12. Dialing mode and abandoned calls

12.1 The Service's power dialer is agent paced: a call is placed for a live user who is present for it. Predictive, multi-line, and other modes that place more calls than there are available agents are not enabled by default and are made available, if at all, only under written configuration.

12.2 Where any such mode is enabled, federal telemarketing rules impose additional duties, including a maximum abandonment rate of three percent (3%) of live answered calls measured over a thirty (30) day period, connection to a live representative within two (2) seconds of the consumer's completed greeting, and, for any call not so connected, a recorded message identifying the seller by name and a telephone number and stating the call's telemarketing purpose rather than a silent disconnect. You are responsible for these duties, and for any state definition of automated dialing that is broader than the federal one.

13. State registration, bonding and mini-TCPA statutes

13.1 A substantial number of states require telemarketer or telephone solicitor registration, licensing, and/or the posting of a surety bond before calls may be placed to their residents, with separate fees and, in some states, separate registry subscriptions. Determining where your Agency must register, and completing and maintaining those registrations, is your obligation. Polca's registrations, where any exist, are for its own operations and do not cover your Agency.

13.2 Several states have enacted their own telephone solicitation statutes that impose stricter consent standards, define automated dialing more broadly than federal law, restrict calling hours further, maintain their own do-not-call registries, and confer private rights of action with statutory damages. Compliance with federal law alone is not compliance with these statutes.

14. Recordkeeping

You must retain, in complete and retrievable form for at least five (5) years after the applicable communication (or longer where law requires), records evidencing: consent and its disclosure language; lead provenance, including source, named seller, and capture data; registry screening and reassigned number queries; attestations and confirmations made under Section 4; opt-out and revocation activity and the date each was honored; and the identity of the personnel who placed or configured the calls.

15. Indemnification and allocation

Your indemnification obligations under Section 20.1 of the Terms apply in full to claims, investigations, fines, and penalties arising from your lead sources, consent practices, list screening, dialing configuration, recording practices, and calling conduct, including claims under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and state telemarketing, do-not-call, call recording, and artificial voice statutes.

16. Changes

Telephone consumer law changes frequently, including by regulatory action and appellate decision, and specific requirements described here may be amended, stayed, or vacated. Polca may update this Policy prospectively on notice as provided in the Terms. Nothing in this Policy is a substitute for advice from your own counsel, and you should not rely on it as a statement of current law.