This Acceptable Use Policy (“AUP”) governs your use of any service provided by JadeTrade Marketplace LLC (“JadeTrade,” “we,” “us”), including AI receptionists, intake automation, scheduling, document generation, websites, and any related services (collectively, the “Services”).
This AUP is incorporated by reference into our Terms of Service and Master Services Agreement (MSA). Violations of this AUP are grounds for immediate suspension or termination of the Services without refund.
1. Lawful Use Only
You will use the Services only for lawful purposes and in compliance with all applicable laws, including but not limited to:
- Federal and state consumer protection laws
- The Telephone Consumer Protection Act (TCPA) and FCC rules on prerecorded and AI-generated calls
- The CAN-SPAM Act of 2003
- Federal and state recording-consent laws
- The Health Insurance Portability and Accountability Act (HIPAA), where applicable
- The Fair Credit Reporting Act (FCRA), where applicable
- All licensing and disclosure requirements applicable to your industry
- Federal, state, and foreign data protection laws (CCPA, CPRA, VCDPA, GDPR, etc.)
2. Prohibited Content and Activities
You will not use the Services to send, store, distribute, generate, or facilitate any of the following:
Illegal content or activities:
- Anything that violates federal, state, or foreign law
- Content that infringes intellectual property, privacy, or publicity rights
- Content that is fraudulent, deceptive, or misleading
- Content that incites violence, harassment, or discrimination
- Child sexual abuse material (CSAM) or exploitation of minors
Harmful or abusive communications:
- Spam, unsolicited bulk messaging, or messaging that violates CAN-SPAM
- Outbound AI-generated, prerecorded, or autodialed voice calls without prior express written consent meeting the requirements of the TCPA, applicable FCC rules (including the FCC's 2024 classification of AI-generated voices as “artificial or prerecorded”), and applicable state telemarketing laws — regardless of any established business relationship or DNC posture
- Outbound text messages without the legally required consent for the message type: marketing/promotional SMS requires prior express written consent; informational/transactional SMS (appointment reminders, order confirmations, similar) requires prior express consent. Both consent types must meet TCPA, applicable FCC rules, and applicable state telemarketing laws (see Section 5 for the operational requirements that apply to outbound SMS sent through the Services)
- Harassment, threats, hate speech, or abusive language
- Phishing, social engineering, or credential harvesting
Regulated professional advice (without licensing):
- Medical diagnosis, treatment recommendations, or any output that constitutes the practice of medicine
- Legal advice, legal opinions, or any output that constitutes the practice of law
- Investment advice, securities recommendations, or other regulated financial advice (without proper Investment Adviser registration)
- Insurance quoting, binding, or coverage advice (without producer licensing)
- Mortgage rate quotes, prequalification, or RESPA-regulated activities (without appropriate licensing)
- Real estate valuation, CMAs to consumers, or brokerage activity (without appropriate licensing)
- Tax advice or preparation (without CPA or EA credentials, where required)
Service abuse:
- Reverse-engineering, decompiling, or attempting to extract source code or model weights
- Bypassing authentication, rate limits, or access controls
- Probing or testing security vulnerabilities without our written authorization
- Using automated tools to scrape JadeTrade's interfaces or systems
- Reselling, sublicensing, or repackaging the Services as your own offering without a separate written agreement
System harm:
- Distributing malware, viruses, ransomware, or other malicious code
- Attempting to overload, crash, or disrupt the Services or third-party providers
- Interfering with other JadeTrade customers' use of the Services
3. Industry-Specific Restrictions
If your business operates in a regulated industry, the following restrictions apply in addition to those in your MSA. These restrictions exist because the AI cannot independently verify professional licensing or regulatory context.
Healthcare providers (dental, medical, veterinary, dermatology, optometry, chiropractic, physical therapy, hospice, home health, urgent care, pharmacy, imaging, primary care, audiology, mental health, medical lab, and any other healthcare vertical):
The restrictions in this Section 3 apply to every archetype deployed on your behalf — voice receptionist, SMS sequencer, inquiry responder, check-in/nurture sequencer, insurance verification, booking flow, document generator, photo quote generator, or any other archetype that may foreseeably encounter PHI. Selection of multiple archetypes does not relax these restrictions; each archetype is subject to the BAA chain below.
- The AI may not provide diagnoses, treatment recommendations, dosage guidance, or any clinical advice
- The AI may not handle Protected Health Information (“PHI”) as defined by HIPAA unless and until ALL of the following are in place:
- (a) a Business Associate Agreement signed between you and JadeTrade
- (b) Business Associate Agreements (or equivalent contractual protections) signed between JadeTrade and each of OpenAI (covering the realtime voice model and PHI-touching LLM inference) and LiveKit (covering the voice agent platform, SIP trunking, and observability infrastructure)
- (c) Business Associate or equivalent terms with each downstream subprocessor that may handle PHI (which may include Twilio, Cal.com, the ancillary LLM provider used for post-call analysis, and others)
- (d) OpenAI is on a BAA-eligible tier (e.g., Enterprise / Healthcare offering) and LiveKit Cloud is on the Scale tier (or higher) with HIPAA features enabled for your account
- (e) the operational controls described in your BAA (encrypted retention, restricted access, breach-notification procedures, audit logging) are demonstrably implemented
- Until all of (a)-(e) are in place, you must (i) instruct callers not to provide PHI through pre-call signage, scripts, and your phone-tree announcements; (ii) configure the AI to capture only non-clinical intake (caller's name, callback number, and general reason for contact); and (iii) configure routing such that any disclosure suggesting PHI prompts immediate transfer to a human staff member with no AI-side retention beyond the routing event
- You acknowledge that callers may inadvertently disclose PHI before such routing occurs. JadeTrade is not responsible for PHI inadvertently captured prior to a complete BAA chain being in place; you accept this risk in exchange for the lower service price applicable to non-PHI deployments. To enable PHI handling, contact us in writing for the additional fees and timeline.
Insurance agents and brokers:
- The AI may not quote rates, recommend coverage, bind policies, or perform any activity requiring producer licensing
- AI interactions delivered to consumers are limited to information capture (name, contact, general inquiry) and routing to a licensed agent
- You must include in your business's pre-call disclosure that quotes and coverage decisions require speaking with a licensed agent
- Internal draft generator exception: if you have signed the Regulated Internal Draft Addendum to your SOW, the Services may generate internal-only drafts (e.g., quote drafts, coverage comparisons) for your licensed producer to review and edit before any consumer delivery. Internal drafts must be labeled “DRAFT” and never delivered to consumers without licensed-producer review
Mortgage and lending professionals:
- The AI may not quote rates, perform pre-qualification, recommend loans, or perform any activity that triggers obligations under RESPA, TILA, ECOA, or state lender licensing
- AI interactions delivered to consumers are limited to information capture and routing to a licensed loan officer
- Referral fees from settlement service providers are prohibited under RESPA Section 8 — do not configure the AI to facilitate such fees
- Internal draft generator exception: if you have signed the Regulated Internal Draft Addendum, the Services may generate internal-only drafts (e.g., prequal worksheets, rate-range estimates) for your licensed loan officer to review. Same labeling and delivery restrictions apply
Financial planning, investment advisory, broker-dealer:
- The AI may not provide investment advice, recommend securities, perform suitability analyses, or perform any activity regulated under the Investment Advisers Act of 1940 or state equivalents
- AI interactions delivered to consumers are limited to information capture and routing to a licensed advisor
- Internal draft generator exception: if you have signed the Regulated Internal Draft Addendum, the Services may generate internal-only drafts (e.g., situation summaries) for your licensed advisor to review. Same labeling and delivery restrictions apply
Real estate professionals:
- The AI may not deliver Comparative Market Analyses (CMAs), valuations, or any output that constitutes brokerage or appraisal activity to consumers
- AI interactions delivered to consumers are limited to information capture and routing to a licensed agent
- Internal draft generator exception: if you have signed the Regulated Internal Draft Addendum, the Services may generate internal-only drafts (e.g., draft CMA worksheets, marketing-plan outlines) for your licensed agent to review. Same labeling and delivery restrictions apply
Legal services:
- JadeTrade does not knowingly contract with law firms. If you are a law firm and have engaged JadeTrade, the AI may not provide legal advice, draft legal documents for client use, predict case outcomes, or perform any activity that constitutes the practice of law.
4. Caller Recording and Consent
Recording of AI receptionist calls is opt-in by you. In your Statement of Work you elect either Recording ON or Recording OFF (default).
If you elect Recording ON, the AI receptionist's opening message will include the disclosure: “Calls are recorded for quality. If you'd prefer not to be recorded, please hang up now and call back during our staffed hours.” JadeTrade maintains a per-call audit log of when the disclosure played and when the caller continued the call, available on request as evidence of consent.
You are responsible for:
- Ensuring the recording disclosure satisfies the consent requirements of every state in which your callers may be located, taking into account any judicial interpretations specific to that state
- Adding additional disclosures or consent prompts (e.g., on signage, on your website, in IVR or call-tree announcements) if your jurisdiction or business circumstances require more than the standard message
- Disclosing recording at the point of any inbound communication beyond the AI handover (e.g., during call transfer, in voicemail, in callback flows)
The Services do not currently support a per-call mid-call opt-out — that is, a caller cannot continue the conversation without being recorded. The only mechanisms available are (i) hanging up after the disclosure and calling back during staffed hours, or (ii) you electing Recording OFF account-wide.
Required action for businesses operating in all-party-consent states. If your business primarily serves callers located in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington, or any other jurisdiction requiring all-party consent, you must either:
- (a) Elect Recording OFF, OR
- (b) Implement an alternative compliance path (e.g., a recorded pre-AI announcement on your phone tree advising the caller that continuing connects them to an AI assistant whose calls are recorded, with an option to press a key to reach a human-answered line that does not record), AND have counsel confirm the path satisfies the all-party-consent law of every state your callers may be located in.
Failure to comply with recording-consent laws is a violation of this AUP, may expose you to civil or criminal liability under state wiretap statutes, and is grounds for immediate suspension of the Services.
5. Outbound Communications
The Services include outbound SMS workflows (lifecycle reminders, reactivation, follow-ups, inventory alerts, intake-respondent follow-ups, and similar) when a Client elects an SMS-based archetype in their Statement of Work. The Services do not currently include outbound voice calling. If outbound voice is added in a future archetype, the rules below for SMS apply equivalently to voice, plus the additional TCPA requirements specific to artificial/prerecorded calls.
For all outbound SMS sent through the Services, you will:
- Maintain prior express written consent that meets the requirements of TCPA, applicable FCC rules, and applicable state telemarketing laws for every recipient on every list. Marketing/promotional messages require prior express written consent; informational messages (transactional reminders, appointment confirmations) require prior express consent
- Attest to the consent basis at SOW signing (see Statement of Work — required attestation for any SMS archetype)
- Honor STOP / UNSUBSCRIBE / CANCEL / END / QUIT replies immediately — the Services automatically suppress further messages to opted-out recipients, but you remain responsible for ensuring the opt-out is honored across every other channel you use to contact the recipient
- Scrub outbound voice campaigns (when added in a future archetype) against the National Do-Not-Call Registry and applicable state DNC lists
- Identify the sender in every message (your business name) and provide opt-out instructions
- Respect quiet hours— the Services default to 8am-9pm in the recipient's local timezone and you will not direct the Services to override this without confirmed legal basis
- Not use the Services to harvest, purchase, or rent contact lists that lack documented opt-in basis
- Bear sole responsibility for any TCPA, state-telemarketing, or carrier penalty arising from your recipient list, your message content, or your override of default safeguards. You will indemnify JadeTrade for any such claim per MSA §11.
The FCC has classified AI-generated voices as “artificial or prerecorded” under TCPA (effective February 2024). This means written consent requirements will apply to virtually all outbound AI voice calls when that capability is added. Any future outbound-voice deployment will require a separate written amendment to your SOW expressly authorizing it.
6. Customer Data You Capture
When the Services capture data about your customers (including caller identifiers, transcripts, intake responses, and email addresses), you are the data controller of that information. You will:
- Maintain your own privacy policy disclosing how you use customer data
- Honor your customers' privacy requests (access, correction, deletion) within the timeframes required by law
- Not use the data for purposes outside what your customers reasonably expect from your business
- Not transfer the data to third parties without an appropriate legal basis
- Notify affected customers and authorities in the event of a data breach as required by law
7. Volume Limits and Fair Use
If your Statement of Work includes volume caps (calls/month, messages/month, etc.), you will not exceed them without our prior written consent. We may charge overage fees as specified in your SOW.
We reserve the right to throttle or temporarily suspend Services if usage threatens system stability or third-party rate limits, with reasonable effort to notify you.
8. Reporting Violations
If you become aware of a violation of this AUP — your own or a third party's — please notify us at max@jadetradeapp.com. We will investigate and take appropriate action.
9. Enforcement
We may suspend or terminate the Services for any AUP violation:
- Immediate suspension without prior notice for: child exploitation, malware, credential harvesting, repeated TCPA violations, repeated CAN-SPAM violations, or activity creating immediate legal or reputational risk to JadeTrade
- Suspension after notice for: lower-severity violations, with a reasonable opportunity to cure
- Termination for: material or repeated violations, refusal to cure, or violations causing actual harm
Suspension or termination for AUP violation does not entitle you to a refund of fees paid. We may also pursue any legal remedies available, including indemnification under your MSA or our Terms of Service.
10. Changes to This AUP
We may update this AUP from time to time. Material changes affecting active customers will be notified by email at least thirty (30) days in advance. Continued use of the Services after the effective date constitutes acceptance.