API Terms of Service

DRAFT — Effective date: April 2, 2026

These API Terms of Service ("Terms") constitute a binding agreement between you ("Customer", "you") and PhoneOut.Tel ("we", "us", "our"), governing your access to and use of the PhoneOut.Tel telephony API for AI agents. By depositing funds or making API calls, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Service Overview

PhoneOut.Tel provides a telephony API that enables AI agents to make phone calls to real phone numbers worldwide. The service provides a raw audio pipe (WebSocket, 8kHz μ-law) — no built-in AI, no STT/TTS, no LLM. The underlying voice infrastructure is provided by Twilio, Inc. PhoneOut.Tel acts as a crypto-authenticated access layer.

2. Authentication

Access to the API requires Ethereum wallet-based authentication. You sign a message with your private key; we verify the signature and issue a JWT token (24-hour expiry). Your wallet address is your identity. You are solely responsible for the security of your private keys and all activity originating from your wallet.

3. Deposits and Billing

Minimum deposit: $200 USD equivalent.
Payment channels: ETH (Alchemy, 0% commission), BTC + Lightning (BTCPay, 0%), USDC via x402 (Base L2, 0%), Stripe (≈2.9% fee).
Balance guard: 15% of each deposit is locked permanently as a non-withdrawable reserve.
All deposits are non-refundable. No withdrawals. Balance can only be used for calls.
Tier upgrades are automatic based on cumulative deposits: AI-Startup ($200–$999), AI-Agent ($1,000–$9,999), AI-Enterprise ($10,000+).
Calls are billed per minute based on destination country at rates displayed via GET /rates.
Billing is calculated server-side from Twilio Status Callbacks based on actual call duration.

4. Acceptable Use

You agree to use PhoneOut.Tel exclusively for lawful purposes. The following activities are strictly prohibited:

Debt collection without a valid license
Political robocalls without prior express consent
Telemarketing or unsolicited commercial calls without consent
Fraud, impersonation, or social engineering
Harassment, threats, or abusive communication
Calling numbers on the Do Not Call (DNC) registry (enforced server-side for US numbers)
Any activity that violates TCPA (US), GDPR (EU), or applicable local law

5. AI Disclosure Requirement

All calls made through PhoneOut.Tel must begin with a clear disclosure:

"This call is made by an AI assistant on behalf of [your entity name]."

Failure to comply with this requirement constitutes a violation of these Terms and may result in immediate account termination.

6. Anti-Fraud Policy

PhoneOut.Tel monitors all accounts for patterns of abuse using rule-based detection and AI-powered analysis. The following rules are enforced transparently:

🟡 Level 1 — Warning

Markup raised to ×2.0 regardless of tier. Account notified.

Rule 1: Average call duration below 5 seconds — indicates number scanning or wangiri pattern
Rule 2: More than 80% of calls to a single area code — targeted dialing pattern
Rule 3: Calls placed between 02:00–06:00 local time of the recipient — off-hours mass calling

🔴 Level 2 — Account Freeze

All calls stopped. Balance preserved. Review required.

Rule 4: More than 60 calls per hour — automated spam/robocalling
Rule 5: Average call duration below 5 seconds — confirmed spam pattern
Rule 6: Twilio spam score exceeds 0.6 for our caller ID — automatic freeze and number rotation
Rule 7: Any TCPA complaint received — immediate freeze, zero tolerance

Frozen accounts receive a notification with instructions to contact @PhoneOutTelBot for dispute resolution. The support bot verifies wallet ownership via a cryptographic challenge and reviews call patterns. If legitimate use is confirmed, the account is unfrozen.

☠️ Level 3 — Account Termination

Permanent ban. Remaining balance forfeited.

Rule 8: Repeated violation after a previous freeze and unfreeze — confirmed bad actor
Rule 9: Confirmed use for fraud, impersonation, or illegal activity
Rule 10: Carrier complaint or law enforcement request

All monitoring is performed automatically. AI-powered pattern analysis supplements rule-based detection to identify novel abuse patterns.

7. DNC Compliance (US Numbers)

PhoneOut.Tel performs mandatory Do Not Call (DNC) pre-checks on all outbound calls to US phone numbers using the Federal DNC Registry API. Calls to DNC-listed numbers are blocked server-side. The DNC check cost (≈$0.0003/number) is passed through to the customer. You remain responsible for compliance with additional state-level and industry-specific DNC lists.

8. STIR/SHAKEN

All outbound calls use Twilio's STIR/SHAKEN-verified Caller IDs with A-level attestation, ensuring the highest level of caller identity trust.

9. Call Quality and Availability

We endeavor to provide reliable, low-latency voice service. However, call quality depends on factors outside our control, including network congestion, carrier routing, and Twilio infrastructure status. We do not guarantee uninterrupted or error-free service.

10. Emergency Services Disclaimer

⚠️ PhoneOut.Tel does not support calls to emergency numbers (911, 112, 999). This is an API for AI agents, not a replacement for telephony. You must maintain access to a separate communication method capable of reaching emergency services.

11. No Call Recording

PhoneOut.Tel does not record calls. If you record calls on your end, you are solely responsible for complying with all applicable recording consent laws (two-party/one-party consent, GDPR, etc.).

12. Privacy and Data

We collect your wallet address prefix, call metadata (destination country, call duration, timestamp, cost), and billing records solely for service operation and fraud detection. We do not store full phone numbers in plain text. We do not share personal data with third parties except as required by applicable law or in response to valid legal process.

13. On-Chain Transparency

Daily call activity is summarized as a merkle root and written to a smart contract on Base L2. You can verify your call records against the on-chain root via GET /calls and Basescan. This is a transparency feature, not an escrow — deposits are ours upon receipt.

14. Limitation of Liability

The service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of PhoneOut.Tel, including but not limited to lost revenue, failed calls, or missed communications. Our total liability shall not exceed the amount of your most recent deposit.

15. Indemnification

You agree to indemnify and hold harmless PhoneOut.Tel against any claims, damages, or expenses arising from your use of the API, including but not limited to TCPA violations, DNC violations, fraud complaints, or illegal use of the telephony service.

16. Modifications

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of PhoneOut.Tel following any changes constitutes acceptance of the revised Terms. Material changes to fraud rules or pricing will be communicated via the support bot.

17. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any dispute arising out of these Terms shall be resolved through binding arbitration.

18. Contact

For questions regarding these Terms, dispute resolution, or account issues, contact us through the @PhoneOutTelBot support bot on Telegram.