Acceptable Use Policy

Last updated Nov 11, 2019

FreeClimb is a cloud-based Communications Platform as a Service that provides an API that allows businesses to integrate voice and messaging services into their software applications (“FreeClimb API Services” or “Services”). This Acceptable Use Policy (“AUP”) governs the use of FreeClimb API Services, which is owned by Vail Systems, Inc. (“Vail”). This AUP describes actions that Vail prohibits when any party uses the FreeClimb API Services. This Policy is incorporated by reference and governed by FreeClimb Terms of Service (“Terms”) between Vail and any user of FreeClimb API Services. Capitalized terms that are not defined in this AUP are defined in the Terms, and the Terms take precedence over any conflicting provisions in this AUP. You, the Customer, may not use FreeClimb API Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, the Services in prohibited manners, including but not limited to the following:

  1. Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of Vail.

  2. Using the Services in a way that could damage or overburden the Services or interfere with other users’ use or enjoyment of the Services.

  3. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Vail or any of its users.

  4. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.

  5. Using the Services in any manner that may subject Vail or any third party to liability, damages, or danger.

  6. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.

  7. Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.

  8. Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction); or requirements that Vail may communicate to its Customers including any usage requirements.

  9. Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).

  10. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.

  11. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.

  12. Using the Services to engage in or in connection with fraudulent activity.

  13. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, (“HIPAA”), except in compliance with HIPAA and the HIPAA rules.

  14. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.

  15. Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the Terms.

  16. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.

  17. Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.

  18. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call. Using the Services, or any component of the Services, in any manner not authorized by Vail.

Furthermore, you agree that the following minimum usage and call duration requirements, which will be measured at the master account level on a calendar month basis, apply to your use of the Services, and you understand that we will provide you with notice of any violation of these requirements and allow you thirty (30) days to comply before taking any further action with your account in accordance with the Terms or your then current Agreement with Vail:

  1. Each phone number must have at least two (2) transmissions, which transmissions may be in the form of an inbound or outbound call, or SMS message.
  2. Using the Services or causing the Services to be used in any manner that would result in more than 85% of customer’s traffic to consist of short duration traffic. For the purposes of this AUP, short duration traffic is any outbound or inbound voice call that is six (6) seconds or less in duration.
  3. No more than 10% of your inbound calls may be incomplete (i.e. unanswered).

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this AUP will be made by Vail in its sole discretion.

Contact Us

If you have questions or concerns regarding this AUP, you may send an email to legal@freeclimb.com with “Attn: General Counsel” in the subject line. Or, if you prefer, please write to us at:

Vail Systems, Inc.
Attn: General Counsel
570 Lake Cook Road STE 400
Deerfield, IL 60015