Acceptable use policy

1. Who this policy covers

This Acceptable Use Policy applies to every customer and user of Banana Dialer, a service of Modern Apex Strategies LLC. It is part of the Terms of Service. The customer is responsible for making sure its users, contractors and anyone acting for it follow this policy. It sets minimum standards. Where a law, a provider's rules or your own obligations are stricter, follow the stricter rule.

2. Business prospecting only

Use Banana Dialer to prospect businesses for business purposes. Do not use it to call, text or email consumers about goods or services for personal, family or household use unless you maintain your own documented compliance program for consumer outreach (including do not call registry checks, consent records, state registrations and required disclosures) and have told Modern Apex in writing before you begin.

Do not run debt collection, lending, credit repair, political, health care or other specially regulated campaigns through the service without Modern Apex's prior written approval.

3. Calls

• A person starts every call. Banana Dialer does not place calls, and you may not make it or a connected calling service do so. No autodialers, predictive or parallel dialing, and no scripts, macros, browser automation or other tools that dial, press Call or place calls without a person deciding to make each one.
• No robocalls or synthetic voices. Do not use prerecorded messages, voicemail drops, artificial voices or AI-generated voices through or in connection with the service.
• Legal hours only. Call only during the hours allowed in the recipient's local time. Federal rules prohibit telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. local time, and several states are stricter. Do not disable, work around or misuse the service's calling window, and confirm the prospect's local time before calling whenever the service cannot determine it.
• Reasonable frequency. Follow the call-frequency limits that apply to you. Some states limit calls to the same person on the same subject to three in 24 hours.
• Accurate caller ID, no spoofing. Display a number you are authorized to use, which can receive calls and do not call requests. Never alter or disguise caller ID.
• Say who you are. At the start of each call, give your name, the business you represent and the reason for the call.
• Recording needs consent. Banana Dialer does not record calls. If you record or monitor calls with another tool, obtain every consent the law requires. Several states require the consent of everyone on the call, so when in doubt, announce the recording and get consent.
• No harassment. Do not threaten, abuse or harass anyone, or call repeatedly to annoy someone. Do not call emergency lines or health care facility patient lines.

4. Opt outs and do not call lists

• Honor opt outs immediately. When anyone asks not to be contacted, in any reasonable way, stop contacting them right away. Add the number or email address to the workspace do-not-contact list during or right after the conversation, and apply it to calls, texts and email. Some laws allow up to ten business days to process a request. This policy does not.
• Respect suppression lists. Do not call, text or email a number or address on the workspace do-not-contact list, your own internal do not call list or any other suppression list you are required to honor.
• Check the registries. Do not call a number on the National Do Not Call Registry or a state do not call list unless you have confirmed that a legal exemption applies, such as a call to a business line, and you keep a record of that decision. A mobile number that a sole proprietor lists for their business may still be treated as residential.
• Do not remove an entry from the do-not-contact list unless the person has clearly asked to be contacted again, and keep a record of that request.

5. Text messages

• Text only people who have given the consent the law and your messaging provider require. Marketing texts generally need prior express written consent. A number that appears in a business listing, on a website or in a purchased list is not consent.
• Do not buy, sell, rent or share consent or opt-in lists.
• Send texts only through a registered A2P 10DLC campaign or another sending method your provider approves, and follow your provider's messaging policy.
• Identify your business in your messages and honor STOP and other opt-out replies immediately.
• Follow the same calling-hour limits for texts that apply to calls.

6. Email

• Follow the CAN-SPAM Act and state email laws. CAN-SPAM applies to business-to-business email.
• Use accurate “From” names, addresses and routing information, and send only from domains and accounts you are authorized to use.
• Use honest subject lines. Do not add “Re:” or “Fwd:” to a message that is not a reply or forward.
• Identify commercial messages as advertisements where the law requires, and include a valid physical postal address.
• Include a clear, working way to unsubscribe, and stop emailing anyone who unsubscribes.

7. Prospect data and discovery

• Use Google Maps Platform and every other connected provider only as their terms allow. Do not scrape, bulk download, cache, store or export provider content beyond what those terms permit, and do not use the service to build a listings, directory or data resale product.
• Do not use Google Maps content or other provider content to train or improve AI models, or with text-to-speech services.
• Do not scrape or harvest information from websites or services that prohibit it, and do not get around rate limits or other provider controls.
• Import only lists you have the right to use for your intended outreach. Do not import purchased lists for texting.
• Do not put payment card numbers, bank account numbers, government identification numbers, health information or other sensitive personal information into prospect records, notes or AI prompts.

8. Honest, lawful outreach

• Do not misrepresent who you are, whom you represent, what you sell, its price or terms, or any affiliation. Never claim to be Google, a government agency or another business.
• Do not use the service for fraud, phishing, scams or deceptive practices, or to promote illegal goods or services.
• Do not send content that is defamatory, infringing, obscene, threatening or otherwise unlawful.
• Review AI-generated suggestions before you use them. You are responsible for everything you say and send.

9. Protecting the service

• Do not bypass or disable the service's guardrails, including the calling window, call-attempt limits, the do-not-contact list and role permissions.
• Do not share logins, access another customer's workspace or use another person's account.
• Do not probe, scan or test the security of the service without written permission, upload malicious code or overload the service.
• Do not copy, reverse engineer or resell the service except as the Terms of Service allow.

10. Complaints and cooperation

Tell us promptly about any complaint, demand letter, lawsuit, regulator inquiry, or carrier or provider notice about outreach you conducted with the service. When we ask, provide the records we reasonably need to respond, such as consent records, do not call registry checks and how an opt out was handled.

If you received an unwanted call, text or email from someone using Banana Dialer, email nick@modernapexstrategies.com with the date, the number or address that contacted you and the business named. We may pass your report to the customer, investigate and take action under this policy. You can also ask the business that contacted you to add you to its do not call list.

11. Enforcement and changes

Modern Apex may investigate suspected violations. We may suspend calling, messaging, a connected integration or the whole account immediately, remove content, notify affected providers, cooperate with law enforcement and regulators, and end the account under the Terms of Service. We are not required to monitor your use, and our decision not to act in one case does not waive our right to act later.

We may update this policy and will post the new version with a new “Last updated” date. Material changes are handled as described in the Terms of Service. Questions about this policy can go to nick@modernapexstrategies.com.