Acceptable Use Policy

Acceptable Use Policy

Last updated: February 05, 2025

Capitalized terms used herein not defined are defined in the Fello Terms and Conditions and the Fello Privacy Policy as may be updated from time to time. This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Customers that are mandated or prohibited by Fello (collectively with its subsidiaries, parents, and other affiliates, from time to time as applicable, “Fello”) when using the Fello product (“Service”). “Customers” means customers of Fello. “User” means any consumers that Customer is interacting with via the Service.

THIS POLICY IS SUBJECT TO CHANGE FROM TIME TO TIME IN FELLO’S SOLE DISCRETION WITH SUCH CHANGES BEING EFFECTIVE UPON POSTING. PLEASE REVIEW THIS POLICY CAREFULLY

1. 1. LAWFUL USE

Customer acknowledges and represents to Fello that Customer has the full legal authority and right and, when required, has obtained the express consent to contact any individual or entity Customer uses its Fello account to contact. Customer acknowledges that Services may only be used for lawful, proper, and appropriate purposes. Uses must use any Services only in a manner that, in Fello’s sole discretion, is consistent with the purposes of such Services. Customers will not engage in any legal or illegal activity that either (i) harms Fello, the Services and/or any User, or (ii) interferes with the provision or use of the Services by Fello or any other User. Services may not be used for illegal, improper, and/or inappropriate purposes.

1. 2.ILLEGAL ACTIVITIES

Illegal purposes include, but are not limited to:

Using any Service in connection with the violation of or to violate any Laws (as defined hereinafter)
Engaging in threatening, abusive, harassing, defamatory, libelous, malicious, deceptive, or fraudulent behavior.

As used herein, “Laws” includes applicable international, federal, state, or local laws, rules, or regulations, including, without limitation, as pertaining to infringement of copyright or trademark, misappropriate of trade secrets, wire fraud, telemarketing, or other inappropriate selling, data privacy, call recorded, or obscenity, as well as anti-spam and other laws and regulations regarding unsolicited advertising, marketing or other similar activities (including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (TCPA) and the Do-Not-Call Implementation Act), import/export laws, limitations and regulations, and all applicable anti-bribery laws and regulations.

1. 3.IMPROPER AND INAPPROPRIATE USES

Improper and/or inappropriate uses include, but are not limited to:

Using the Services in a manner that causes injury to person or property
Using the Services in any manner that violates industry standards or any third-party policies
Calling, messaging, storing, posting, or transmitting harassing, threatening, or abusive materials.
Posting or transmitting any information or software that contains a virus, worm, cancelbot, or other harmful component.
Reverse-engineering any of the Services or any portion thereof,
Engaging in any other conduct that adversely impacts the availability, reliability, or stability of the Services

1. 4.COMPLIANCE WITH LAWS AND REGULATIONS

Customers must adhere to all applicable Laws and regulations, including:

CAN-SPAM
CTIA Messaging Principles
Data Privacy Laws
Anti-spam laws
Real Estate Settlement Procedures Act (RESPA)
Telemarketing laws, including TCPA, DNC, TSR, and any other state or federal telemarketing laws. This includes obtaining the proper consent as well as dispositioning consumers correctly if the consumer revokes their consent.

1. 5.CUSTOMER IMPORTED DATA

Customer further acknowledges and represents to Fello with respect to any data imported to its Customer account, Customer has:

Obtained explicit permission from each individual or entity whose contact information Customer imports before importing their information and contacting them;
Acknowledged, agreed to, and followed Fello’s policies, which forbid uploading any third-party data that has been purchased and any use of such lists in association with any Fello site or feature;
Committed to using Fello's sites and tools in compliance with Fello’s policies and industry best practices;
Agreed to contact only individuals or entities who have expressed their intention to actively engage in such communication;
Established and maintained opt-out mechanisms in all communications generated by or in association with Fello's sites and tools.

1. 6.INDEMNIFICATION

Customer shall indemnify, defend, and hold harmless Fello and its affiliates, officers, directors, members, and employees from any claims, costs, demands, damages, liabilities, or expenses arising from or related to Customer’s use of Fello’s Services including but not limited to: (a) Fello’s contact import tool or importing data in violation of Fello’s policies; (b) Customer’s improper use of the personal information of Users Customer adds to its Fello account, (c) Customer’s use of a Fello account to contact any individual, (d) any alleged or actual breach of Laws, including but not limited to Laws governing consent and Customer’s right to contact any individual, (e) any dispute resulting from Customer’s use of a Fello account to contact any individual, and (f) any breach or violation by Customer of any representation or warranty in this Policy.

Contact Us:
For any questions or comments about this policy, need to report an issue with Fello's Tools and Services, or want to exercise one of the rights under this policy, please contact Fello at: info@hifello.com or by regular mail at Fello, 2000 Auburn Drive, Suite 200, Beachwood OH 44122

In the correspondence, please include name, contact information, and the nature of the request to ensure a proper and timely response. Allow ninety (90) calendar days for a response to any inquiry submitted to Fello.