1. Purpose & Scope
This Acceptable Use Policy ("AUP") governs all voice calls, SMS/MMS messages, and other
communications made through the Sellphone platform (the "Service"). It applies to every
account holder, authorized user, and end customer who accesses or uses the Service, whether
directly or through an embedded integration. By using the Service you agree to this AUP in
its entirety. Capitalized terms not defined here have the meanings given in the
Terms of Service.
Sellphone is a Communication Service Provider (CSP) registered with The Campaign Registry
(TCR) for A2P 10DLC messaging. Our obligations to wireless carriers and to TCR flow down to
every customer who sends messages or makes calls through our platform. Violations of this AUP
may therefore affect not only your account but the messaging deliverability of the entire
platform and may trigger carrier-level sanctions.
2. Prohibited Content — SHAFT-C and Related Categories
Wireless carriers, TCR, and federal law prohibit specific content categories collectively
known as SHAFT-C: Sex, Hate, Alcohol, Firearms, Tobacco, and Cannabis.
You may not use the Service to send messages or place calls involving any of the following:
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Sex / Adult content. Sexually explicit material, pornography, escort
services, adult dating, or any content that is obscene under applicable law.
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Hate speech. Content that promotes discrimination, vilification, or
violence against any individual or group based on race, ethnicity, religion, national
origin, gender, sexual orientation, disability, or any other protected characteristic.
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Alcohol. Unsolicited promotion of alcoholic beverages to recipients who
have not affirmatively opted in or who may be minors.
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Firearms, ammunition, and dangerous weapons. Promotion, sale, or
distribution of firearms, firearm parts, ammunition, suppressors, or any item whose sale
is regulated by the Gun Control Act or National Firearms Act, including unlicensed dealer
transactions.
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Tobacco and vaping products. Promotion or sale of cigarettes, cigars,
chewing tobacco, e-cigarettes, vapes, or related nicotine products, except where
expressly permitted by applicable law with proper age-gating.
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Cannabis and controlled substances. Promotion or sale of marijuana,
hemp-derived cannabidiol (CBD), THC products, or any other Schedule I controlled substance,
regardless of state-level legality, unless a specific carrier exemption is obtained in
writing. Prescription-drug diversion and illicit-drug sale or facilitation are also
prohibited.
Additionally, the following content categories are prohibited in all communications:
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Illegal content or activities. Any content that violates federal, state,
or local law, including content that facilitates illegal gambling, unlicensed financial
services, pyramid schemes, or multi-level marketing programs that violate the FTC Act.
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Fraud and phishing. False or misleading representations about identity,
affiliation, pricing, or product/service capabilities; impersonation of any person,
company, or government entity; phishing attempts designed to harvest credentials or
personal information; and advance-fee, lottery, prize, or romance scams of any kind.
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Malware and malicious links. Sending URLs, files, or instructions that
deliver viruses, ransomware, spyware, or any other malicious code; links to sites that
engage in drive-by downloads or credential harvesting.
3. Prohibited Messaging Practices
Beyond content restrictions, the following messaging practices are prohibited regardless of
the underlying message content:
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No-consent messaging (spam). Sending any commercial SMS or MMS to a
recipient who has not provided prior express written consent to receive messages from you.
Spam — unsolicited bulk or commercial messaging — is strictly prohibited and violates
the Telephone Consumer Protection Act (TCPA), CAN-SPAM, carrier codes of conduct, and
this AUP.
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Snowshoeing. Distributing message volume across multiple phone numbers,
campaigns, or accounts to evade carrier spam filters or dilute detection of abusive
sending patterns.
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URL cloaking and link obfuscation. Using URL shorteners, redirect chains,
or cloaking techniques to hide the true destination of a link, or to bypass carrier
filtering systems. All links must resolve transparently to a domain that matches or is
clearly affiliated with the stated sender.
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Shared or affiliate opt-in lists. Sending messages to consumers whose
consent was obtained by a third party or through a shared opt-in form covering multiple
unrelated senders. Each consent must be specific to your brand and the type of messages
you intend to send.
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Gray-route or off-network messaging. Routing messages through unauthorized
aggregators, SIM farms, international gray routes, or any channel that bypasses registered
carrier interconnects or TCR-approved campaign paths.
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Falsified sender information. Presenting a phone number, name, or identity
in your messages that you are not authorized to use, or that is designed to mislead
recipients about who is contacting them.
4. Prohibited Calling Practices
The following voice-calling practices are prohibited through the Service:
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Robocalling without consent. Using auto-dialers, predictive dialers,
pre-recorded or artificial voice messages, or any automated calling system to contact
consumers who have not provided prior express written consent, as required by the TCPA
and FCC regulations.
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Caller-ID spoofing. Transmitting false or misleading caller-ID information
with the intent to defraud, cause harm, or wrongfully obtain anything of value, in
violation of the Truth in Caller ID Act. You may present only a number you own and are
authorized to use through the Service.
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Do-Not-Call (DNC) violations. Calling numbers on the National
Do-Not-Call Registry, or on any state DNC list, without a recognized exemption (such as
an established business relationship or express written consent); and failing to maintain
an internal do-not-call list that honors consumer opt-out requests.
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Telemarketing violations. Engaging in outbound telemarketing to consumers
before 8 a.m. or after 9 p.m. in the called party's local time zone; failing to identify
yourself and the purpose of the call at the outset; or failing to provide the caller's
telephone number and name when requested.
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Harassment and threatening calls. Placing calls with the intent to
annoy, abuse, harass, or threaten any person, including repeated unwanted calls and
calls containing obscene or threatening language.
5. Consent & Opt-Out Requirements
Compliance with consent and opt-out rules is a condition of continued access to the Service.
The following requirements apply to all messaging and certain calling use cases:
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Written consent required. Prior express written consent — as defined by
the TCPA, FCC, and applicable carrier guidelines — is required before sending any
marketing or promotional SMS or MMS message, or before placing any telemarketing call
using an automated dialing system or pre-recorded voice. Consent must be obtained
separately for each distinct type of communication and cannot be bundled with unrelated
terms or conditions.
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Consent records. You must maintain auditable records of every opt-in,
including the date, time, channel, and language used to obtain consent. These records
must be retained for a minimum of five (5) years and produced to Sellphone upon request.
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STOP and opt-out must be honored. All SMS/MMS campaigns must include a
clear opt-out mechanism. When a recipient replies STOP, STOPALL, UNSUBSCRIBE, CANCEL,
END, or QUIT, you must immediately cease all further messaging to that number. Opt-out
requests must be processed within ten (10) business days and must be honored permanently
unless the consumer affirmatively re-consents.
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HELP keyword. All SMS campaigns must support the HELP keyword, returning
a brief message identifying your company and providing a customer-support contact
(phone number, email, or website URL).
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One-time password (OTP) and transactional messages. OTP, appointment
reminder, and order-notification messages sent to recipients who provided their number
for that specific purpose are generally exempt from the marketing-consent requirement,
but must still honor opt-out requests and must not contain any unapproved promotional
content.
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A2P campaign approval. Outbound SMS through the Service is gated on
10DLC campaign approval with TCR and the wireless carriers. Sending messages that deviate
from your approved campaign use case — including changing the message content category,
adding unsanctioned call-to-action types, or routing messages for third parties — is
a violation of this AUP and your campaign registration.
6. Security & Abuse
The following practices protect the integrity of the platform and the security of all
customers. They are prohibited regardless of intent or method.
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No unauthorized access. You may not attempt to gain unauthorized access
to Sellphone's infrastructure, other customers' accounts, carrier networks, or any
third-party systems through the Service.
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No interference or disruption. You may not take actions that impose an
unreasonable or disproportionate load on the Service, interfere with the integrity or
performance of the network, or circumvent any technical measures Sellphone has implemented
to enforce this AUP.
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No resale or sub-provisioning without authorization. You may not resell,
sublicense, or re-provision Sellphone services to third parties, or use the platform to
offer communications services to your own customers, without Sellphone's prior written
permission and execution of a reseller or white-label agreement.
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Credential protection. You are responsible for maintaining the
confidentiality of your account credentials and for all activity that occurs under your
account. Report any suspected unauthorized access to support@sellphone.pro
immediately.
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Call recording disclosure. If you enable per-user call recording through
the Service, you are solely responsible for complying with all federal and state
wiretapping, eavesdropping, and recording-consent laws applicable to the jurisdiction of
each call participant, including obtaining any required all-party consent.
7. Consequences of Violations
Sellphone reserves the right to take any of the following actions, without prior notice,
upon discovering or receiving a credible report of an AUP violation:
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Message filtering or blocking. Immediate filtering, blocking, or
throttling of outbound messages associated with the violating campaign or account.
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Account suspension. Temporary or indefinite suspension of the violating
account and all associated sub-accounts, pending investigation.
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A2P deregistration. Deletion of the associated 10DLC Brand and Campaign
registrations with TCR and notification to wireless carriers. Re-registration after
deregistration for cause requires Sellphone's written approval and may not be possible
if the carrier has issued a permanent block.
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Account termination. Permanent termination of the account and all
services, with no refund of prepaid balances, if a violation is egregious, repeated, or
results in regulatory or carrier sanctions against the platform.
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Legal referral. Referral of evidence of illegal activity to law
enforcement, the FCC, FTC, state attorneys general, or other regulatory bodies.
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Liability for damages. You remain liable for any fines, penalties,
carrier charges, or litigation costs that Sellphone incurs as a direct result of your
AUP violation, as set forth in the Terms of Service.
8. Reporting Abuse
If you receive unwanted calls or messages from a phone number managed through Sellphone,
or if you observe what you believe is a violation of this AUP, please report it to:
Email: support@sellphone.pro
Subject line: AUP Complaint — [phone number or nature of abuse]
Please include the originating phone number, date and time of the communication, and any
message content or call details available. Sellphone investigates all credible complaints
and will take appropriate action consistent with this AUP and our obligations to wireless
carriers and TCR. Anonymous reports are accepted.
Sellphone does not tolerate retaliation against any person who in good faith reports an
AUP violation or cooperates with an investigation. If you believe you have been retaliated
against, contact support@sellphone.pro.