1. Scope
This policy is part of the Terms of Service. It sets out what you may and may not do with Nexgen Call, and it is written mainly around one fact: the service places and receives telephone calls and text messages on your behalf, which puts you under the Telephone Consumer Protection Act, state telemarketing and wiretap law, and the carrier rules that sit on top of both.
You are the caller and the sender. We provide the software. Nothing on this page is legal advice, and you should take your own before you run an outbound campaign.
2. Consent to call and to text
Before you dial or message a number through Nexgen Call you must have a lawful basis to contact it. In practice that means:
- Marketing calls and texts to a mobile number placed with an automatic dialer need prior express written consent from that person, obtained for your business by name, and you must be able to produce the record of it.
- Informational and transactional messages (appointment reminders, a text back after a missed call, delivery updates) need prior express consent, which can be the person giving you their number for that purpose.
- Scrub against the National Do Not Call Registry and against your own internal do-not-call list before a marketing campaign, and keep your subscription to the Registry current.
- Do not upload a list you bought, scraped, or received from a third party unless you can show that the consent travels with it. Consent given to another business is not consent given to you.
3. Calling hours
Federal rules bar telephone solicitations before 8:00 am or after 9:00 pm in the recipient's local time, and several states are stricter. Nexgen Call enforces a window for outbound campaigns: it uses your workspace's configured quiet hours and, on top of that, applies a hard 8:00 am to 9:00 pm floor in the recipient's own time zone, derived from their area code. Where an area code spans two time zones we apply the stricter of the two.
The floor is a safety net, not a compliance program. Set your workspace's quiet hours to whatever your own counsel tells you is right for the states you call.
4. Opt-outs
- Nexgen Call honors inbound STOP, UNSUBSCRIBE, CANCEL, END and QUIT automatically, scoped to your workspace, and re-checks the suppression list before every outbound dial and message.
- HELP is answered automatically with your brand name and a contact route.
- You must not remove a number from the suppression list to contact it again. If a person opts back in, keep the record of how they did it.
- An opt-out given to you by any channel, including on a phone call or by email, must be honored across every channel.
5. Registration before you send SMS
United States carriers require application-to-person traffic on standard 10-digit numbers to be registered. Before you send any SMS from a Nexgen Call number you must complete 10DLC brand and campaign registration in your own Twilio account.
Unregistered traffic is filtered or blocked by the carriers, most aggressively by T-Mobile. That failure is silent from your side: the message shows as sent and never arrives, and it takes your automatic opt-out confirmations with it. Register first, then send.
Your registered campaign must describe what you actually send. Sending marketing traffic on a campaign registered as customer care is a carrier violation and can get your brand blocked across every carrier at once.
6. Identify yourself
- State the name of the business on whose behalf the call is made, at the start of the call, and give a telephone number that reaches you.
- Send accurate caller ID. Spoofing a number you do not control, or one chosen to make the call look local when it is not, is prohibited here and unlawful under the Truth in Caller ID Act when done to defraud or mislead.
- Include your business name in the first message of an SMS conversation with a new recipient.
7. Recording
Recording is configured per source in your workspace and it is your decision. Roughly a dozen states require the consent of every party to a call before it may be recorded. Read the recording consent guidance before turning it on, and put an audible disclosure at the front of the call if you record in, or into, an all-party state.
8. Prohibited use
You may not use Nexgen Call to:
- Send or place unlawful, deceptive, harassing, threatening or fraudulent communications, including phishing and impersonation of another business or agency.
- Promote illegal drugs, illegal firearms sales, sexually explicit content, high-risk financial offers such as advance-fee loans, or any category a carrier prohibits on messaging traffic.
- Run traffic pumping, robocall broadcasting to lists that never gave consent, ringless voicemail drops, or number rotation designed to evade carrier filtering.
- Access the service to build a competing product, to benchmark it for a competitor, or to resell it without a written agreement with us.
- Probe, scan or load-test the service without our written permission, circumvent rate limits or tenant isolation, or use another customer's workspace.
- Upload malware, or content that infringes someone else's rights.
- Store payment card numbers, government identity numbers, or protected health information in call notes, contact fields or tags. Nexgen Call is not built to hold them and no business associate agreement is offered on the published plans.
9. How we enforce this
We monitor for the operational signals of abuse: complaint rates, carrier filtering, opt-out rates, and unusual dialing patterns. If something looks wrong we will normally contact you first and ask you to fix it. For unlawful traffic, a carrier demand, or activity that puts other customers at risk, we suspend the workspace immediately and tell you why.
Suspension for breach of this policy does not entitle you to a refund of the current period. Report abuse of Nexgen Call by another customer to [email protected].
10. Governing law
This policy is governed by the laws of the State of Florida and disputes are heard in the state and federal courts located in Miami-Dade County, Florida, on the same terms as section 15 of the Terms of Service.