# Recording, SMS & Calling Terms

> These terms apply when a company uses hellojade to send text messages, place or receive calls, or record calls or meetings. They are part of the [Terms of Service](/terms) between **Uplevel Digital Services, LLC** and your company, and they are accepted for the company by its owner or an admin when the company turns these features on.

## 1. Your company is the sender {#sender}

Every text message and call that hellojade sends or places for your company is sent by your company, from numbers registered to your company. Your company is responsible for who it contacts, for what it says, and for following every law that applies — including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and state telemarketing, texting and privacy laws.

## 2. Consent {#consent}

Before texting or calling anyone, your company must have the consent the law requires — for marketing messages sent with automated technology, that generally means **prior express written consent** — and must keep a record of it. hellojade lets you record where a contact came from and when they agreed, but your company decides whether it has consent. Do not text or call anyone who has not agreed, or whose number you bought or scraped.

## 3. Opt-outs {#opt-out}

When someone replies **STOP** (or UNSUBSCRIBE, CANCEL, END, QUIT or STOPALL), hellojade stops texting that number from your company and refuses any further text to it until the person replies **START**. Your company must also honor opt-outs it receives any other way — by phone, email or in person — and must not try to get around one.

## 4. Timing and content {#timing}

Your company must follow the quiet hours and other timing rules of the state where each recipient is, and must identify itself in its messages. It must not send content that is unlawful, deceptive, harassing, or that carriers do not allow (for example, messages about illegal drugs, firearms sales, sexual content, or hate speech), and must not use the Service for high-risk financial offers, debt collection, or lead generation for other businesses without our written agreement.

## 5. Carrier registration {#registration}

Business texting in the United States requires the business and its messaging campaign to be registered with the carriers (10DLC). Your company will give us accurate information for that registration and will send only the kinds of messages the registration describes. Carriers, our telecommunications provider (Sinch) or we may filter, pause or block messages that appear to break these terms or carrier rules.

## 6. Recording calls and meetings {#recording}

Recording is off unless your company turns it on. Many states require **every** person on a call to agree before it is recorded. When recording is on, hellojade tells every participant before recording begins and asks each of them to agree, and it does not record a person who does not. Your company remains responsible for making sure recording is lawful for everyone on the call, wherever they are, and for any other notice the law requires. Transcripts are produced on our own servers.

## 7. Keeping and deleting recordings {#retention}

Recordings, transcripts and messages are Customer Data, kept and deleted as the [Terms of Service](/terms#data) and [Privacy Policy](/privacy#retention) describe. Your company can delete a recording in the app. Your company is responsible for keeping records it is required by law to keep.

## 8. No emergency calls {#emergency}

hellojade is not a replacement for a telephone service and **must not be used to call 911 or any other emergency service**. Calls may fail or be delayed if power, the internet, or our providers are unavailable.

## 9. Responsibility {#responsibility}

Your company will defend and indemnify Uplevel against claims, fines and penalties arising from messages it sends, calls it places, or recordings it makes through hellojade, as section 16 of the Terms of Service describes. We may suspend texting, calling or recording for an account that we reasonably believe is breaking these terms.

## Contact {#contact}

Uplevel Digital Services, LLC, Naperville, Illinois, United States. [go@hellojade.ai](mailto:go@hellojade.ai) · [(888) 667-5418](tel:+18886675418).