Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is incorporated by reference into your Agreement with Tresta which you agreed to by signing up for any Tresta Service. This AUP governs your use of the Tresta Services, including the Tresta website, web application/portal, desktop and mobile apps, phone services, messaging services, conferencing, video calls and/or any other Services Tresta may offer to its customers.

All capitalized terms used in this AUP without definition will have the same meaning set forth in the Terms and Conditions available at www.tresta.com/legal/terms-of-use, into which this AUP is incorporated.

Reasonable and Fair Use of Services

Tresta is committed to providing reliable, high-quality Services to all of its customers at competitive prices. In order to provide the best Services, we depend on our customers to use the Services in a manner that is reasonable, normal and consistent with the operation of similarly situated users. If we reasonably believe that your usage, including, but not limited to, the total number or duration of calls you make or receive, the number and/or speed of SMS/MMS messages you send or receive, the number of downloads, website visits, API usage, or any other use of the Services, is not consistent with the fair and reasonable use of such Services, Tresta reserves the right to impose limits on your usage of the Services or to terminate the Services entirely pursuant to our Agreement. When it is reasonably possible, we will give you notice before taking any such action and allow a reasonable period for you to modify your use, however, Tresta is not obligated to do so if it determines, in its sole discretion, that the AUP violation cannot be corrected. Tresta’s Services are intended for use by individual users on the platform, not for any automated or high-volume telemarketing or computer-assisted calling/messaging applications.

Free Trial Period

The intent of the Free Trial is to allow you to use our Services in a manner consistent with your business practices to determine if our Services would be a good fit for your needs. Free Trial users who use the Services for purposes other than to conduct a fair and reasonable evaluation, or Free Trial users who, in our sole discretion, abuse the Free Trial, may be terminated at any time without notice. Tresta may place limitations of the Services during the Free Trial, including, but not limited to, restricting the quantity or types (local/toll-free) of phone numbers you may use, limiting the amounts of calls or minutes you may place during the Free Trial, restricting the quantity or availability of SMS/MMS messaging, limiting the number of users or user groups, extensions or other system components (such as auto-attendants, devices, audio prompts, etc.), or any other limitations Tresta determines is appropriate.

Prohibited Activity

You may not use Tresta’s Services for any activity that is illegal, fraudulent, inappropriate, improper, abusive, or in any way that interferes with or impairs Tresta’s ability to provide Services to other customers or damages Tresta’s property or reputation. Your use of the Services is subject to all applicable local, state, national and international laws and regulations, which you are expected to understand and comply with while using Tresta’s Services. Prohibited uses include, but is not limited to:
  1. Falsely impersonating any other individual, business or government entity, brand, law enforcement officer or agency, or in any way mispresenting who you are to Tresta or to any user, or recipient/sender of calls or messages on your Account;
  2. Behaving in any manner that is illegal, threatening, harassing, defamatory, obscene, deceptive, fraudulent, malicious, tortious or invasive of any other person’s privacy;
  3. Conducting any activity that infringes, misappropriates or otherwise violates Tresta or anyone’s rights (including intellectual property, privacy, personality, publicity or otherwise);
  4. Displaying or using Tresta’s intellectual property, including trademarks, logos or written content without Tresta’s consent;
  5. Conducting any activity that exploits or harms others, including but not limited to, any phishing activities;
  6. Transmitting any material to Tresta or via the Tresta Services that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware or any other malicious activity or program that may be harmful or dangerous;
  7. Misleading Tresta or recipients by creating false Caller IDs (e.g., Caller ID Spoofing) or faking your identity;
  8. Sending unsolicited messages or advertisements, including voice calling, voice mail, SMS/MMS messages, faxes, email or any other message/advertisement (commercial or otherwise) (“Spamming”);
  9. Using the Services for purposes of reviewing, monitoring or incorporating Services into other applications without Tresta’s prior written consent;
  10. Using the Services in excess of what would be expected of a single human user on the platform;
  11. Abusing any promotional, discount or bonus program offered by Tresta;
  12. Reverse engineering, or attempting to reverse engineer, or any attempt to obtain the source code or underlying ideas, data or information of or relating to the Services;
  13. Using any automated dialers, computer-assisted dialing or messaging applications or integrations to the Tresta platform that exceed the normal usage of a single human user on the platform;
  14. Trunking or Forwarding your Tresta phone numbers to or from other numbers that handle multiple simultaneous calls;
  15. Being abusive or inappropriate to Tresta’s employees or contractors, agents or related parties;
  16. Disparaging Tresta in any public forum;
  17. Using stolen or unauthorized credit cards on your Account; or
  18. Using the Services in any way that interrupts or interferes with other customer’s use and enjoyment of the Services in any manner.

High Risk Use

You may not use the Services in any application that may be deemed “high-risk” or in any situation where, in the normal course of use, service disruption could result in personal injury or death (e.g., phone services for 911 call centers or emergency response centers).  You acknowledge and understand the Services may not be available in the event of a loss of power, internet or other unforeseen outage.

SMS and MMS Messaging

Tresta is a participating Campaign Service Provider with The Campaign Registry (“TCR”), an organization tasked with vetting and authorizing whether companies can send/receive text messages to/from customers on Mobile Network Operator (“MNO”) (e.g., T-Mobile, Verizon, AT&T) platforms. The goal of TCR and relevant messaging guidelines is to eliminate spam, phishing, fraudulent and otherwise unwanted texting across all platforms. To help ensure these goals are met, and in order to comply with CTIA messaging guidelines, the following policies apply to the use of our SMS/MMS Services:
  • Messages may only be sent from a human user via our web or mobile app; no automated, integrated or other computer-based application may be used to generate or send messages;
  • Before sending an SMS or MMS message to any number you must have their express consent to do so (“Opt-in”). Implied consent is not considered sufficient (unless the recipient messages you first), nor is purchasing a list of “users who have opted into messaging”. Opt-in consent may be obtained via a web form where it is clearly explained that the user is opting into messaging, or by having them send a message to your number, or by some other intentional, documented method. You must keep records of how users opted-in to messaging as MNOs such as T-Mobile may require proof of that consent.
  • It is required that you provide a way for users to opt out of your messages via text. They may do so by texting you clear keywords, including STOP and UNSUBSCRIBE. Tresta will automatically prevent messages being sent to phone numbers that have previously sent a “STOP” or “UNSUBSCRIBE” text to you, but you should always maintain your opt-out data independently as Tresta assumes no liability for messages you send on your Account.
  • You must provide a way for recipients to request help via text. If a recipient sends you a message with HELP in the content, you must reply with information about how they can reach you for additional assistance, such as a phone number or email address.
  • You may not send messages that contain prohibited content, defined as:
    • Any message that is illegal, fraudulent or inappropriate as defined herein above;
    • Any activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted;
    • Depictions or endorsements of violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior;
    • Content related to the sale or promotion of substances that are classified as controlled substances under federal law, including marijuana (cannabis); or
    • Content associated with age-restricted products and services, such as alcohol, firearms, or tobacco.
  • You may not use Tresta’s Services to send or receive messages for the following purposes:
    • Third-party or affiliate lead and/or commission generation
    • Advertisements for loans
    • Credit Repair offers
    • Debt Relief
    • Debt Collection
    • Work from home, secret shopper, or other similar advertising campaigns
  • You may not engage in “snowshoe messaging”, which is a technique used to spread messages across many sending phone numbers.

Termination of Services for Violation of this AUP

Tresta can terminate services without notice if we determine or reasonably suspect that you have violated this Acceptable Use Policy.