Acceptable Use Policy

1. Relationship to the Terms#

A violation of this Policy is a breach of the Terms. The Terms control, except that this Policy controls on the acceptable-use and compliance matters it addresses. You are responsible for every Authorized User and for anyone who acts for you, including our assistants when they act under the Assistant Outreach Authorization in Section 6.

2. Your Responsibility for Legal Compliance#

We provide tools, data, and staffing that you direct and control. You are responsible for making sure that everything you do with them is lawful, including your compliance with:

• the Telephone Consumer Protection Act and the FCC's rules, including 47 C.F.R. § 64.1200;
• the Telemarketing Sales Rule and the National Do Not Call Registry;
• the Truth in Caller ID Act;
• the CAN-SPAM Act;
• state telemarketing, telephone solicitation, and mini-TCPA laws, including the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act of 2022, Maryland's Stop the Spam Calls Act of 2023, and Texas telephone solicitation law as amended by Senate Bill 140, and any registration, licensing, or bonding they require;
• state laws on the recovery of Excess Proceeds and unclaimed property (Section 5);
• federal and state call-recording and wiretap laws, including those that require the consent of all parties;
• the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and the Driver's Privacy Protection Act (Section 7);
• privacy, consumer protection, and unfair or deceptive practices laws; and
• carrier rules, the CTIA Messaging Principles and Best Practices, and A2P 10DLC registration requirements.

In practice this means you must, among other things: scrub your lists, honor opt-outs promptly and across every channel, keep your own internal do-not-call list, respect calling-time limits in the called person's time zone, identify your business accurately, register where required, and keep records that show your compliance. We do not monitor, audit, or verify your compliance, and our tools and flags do not replace your own legal review. You have not relied on any statement by us, oral or written, about whether your outreach is lawful.

3. Sender Status, Consent, and Records#

You are the seller, sender, and initiator of every call, text message, email, and letter you create, schedule, or send, or that our assistants make for you under Section 6, and you are responsible for its content, its recipients, and its timing. We do not obtain or verify consent for you. Before anyone contacts a person for you, you must have any consent the law requires for that channel, purpose, and technology. You must document how and when each consent was given and each opt-out received, keep those records for at least five (5) years or longer if the law requires, and produce them to us promptly on request. Consent given to someone else, and lists bought or rented from others, are not your consent. For outreach our assistants make for you, we keep the records about our assistants, including any working name each one uses, and the call and text detail records of that outreach, and you keep every other record that the Telemarketing Sales Rule requires; this is our written allocation of recordkeeping under 16 C.F.R. § 310.5(e).

4. Channel Rules#

4.1 Text messages#

• Send texts only from numbers and campaigns registered to your business under A2P 10DLC or another approved route, and only for the use case you registered.
• Identify your business in your first message and include opt-out instructions, such as "Reply STOP to opt out".
• Honor STOP and every other reasonable opt-out request immediately, and send no further messages to that number except one confirmation.
• Do not send texts to numbers on the National Do Not Call Registry or a state list unless the law allows it, do not send outside permitted hours, and do not use the Platform for person-to-person messaging from shared numbers.
• Do not use link shorteners from public services, rotate numbers to avoid filtering, or disguise content to avoid carrier review.

4.2 Calls#

• Place calls only within lawful calling times in the called person's time zone, identify your business, and give a callback number.
• Your caller ID must be a number you are authorized to use. Do not spoof caller ID. No one may obscure or misstate who is calling or for whom. You are responsible for any caller identification and disclosures the law requires on calls made for you, including calls our assistants make under Section 6.
• Calls placed through the Platform may be recorded where recording is turned on. You are responsible for giving any notice and obtaining any consent the law requires for recording the calls made for you, including calls our assistants make under Section 6 and calls in states that require the consent of all parties.
• Our assistants call and text only between 8 a.m. and 8 p.m. in Florida, Oklahoma, and Maryland; between 9 a.m. and 9 p.m. Monday to Saturday and between noon and 9 p.m. on Sunday in Texas; and between 8 a.m. and 9 p.m. elsewhere, in the called person's local time, using the strictest of these windows where the time zone is uncertain. They place no more than three calls to the same person in any 24 hours.
• Ivy, our AI assistant, does not place calls. Voicemail drop plays a recorded message; you are responsible for having any consent the law requires before you use it.

4.3 Email#

Comply with the CAN-SPAM Act and applicable state law: use accurate header and sender information and truthful subject lines, include your physical mailing address and a working unsubscribe method, and honor unsubscribe requests within ten (10) business days.

4.4 Direct mail#

You are the sender of record for every letter mailed through the Platform, which is printed with your name, business, and return address. You must not send mail that is false, misleading, or deceptive, that imitates or implies affiliation with a government agency, court, or county, including through seals or official-looking markings, or that misstates deadlines, urgency, or legal consequences. Templates are reference material, not legal advice, and you should have your letters reviewed by an attorney. Mail is printed and delivered by third parties and the postal service, and we do not guarantee delivery dates.

5. Surplus Funds Recovery Laws#

Many states regulate the recovery of Excess Proceeds and unclaimed property. They may limit or ban fees, require registration or a license, impose waiting periods before owners may be contacted or agreements signed, require specific written disclosures, such as telling owners that they may claim the funds themselves without paying anyone, restrict assignments, or void agreements obtained through telephone or in-person solicitation. For example, Texas Tax Code section 34.04 limits who may charge a fee to recover tax sale excess proceeds and voids assignments that result from telephone or in-person solicitation. Our SignDeck agreements, letters, scripts, and other templates are samples only: you must edit each one to comply with those rules before you send it or have it signed (Terms Section 5.3). You must know and follow the rules of each state and county you work in before you contact an owner, and you must not use the Services, or ask our assistants, to contact owners in a way those rules forbid.

6. Assistant Outreach Authorization#

6.1 What you authorize#

If you buy assistant services, you authorize Excess Quest and its assistants, as your agents for this limited purpose, to do the following in your account and in your name:

• select leads that meet your written criteria, such as states, counties, sale types, dates, and estimated surplus ranges;
• import and pull those leads, including Licensed Data, into your workspace, and order skip traces for them where your plan allows;
• build calling, texting, and email queues from them;
• call, text, and email the people in those queues, using your caller ID numbers, your registered texting campaigns, your sending addresses, and scripts and templates you approve, only within the calling times and states you set and the hours in Section 4.2; and
• tick consent, compliance, and attestation boxes in the Platform for those actions, as described in Section 6.4.

Assistants do not work leads or numbers outside your written criteria and never add numbers of their own. You may narrow or change your criteria and instructions at any time in writing.

6.2 You remain the seller and sender of record#

Every call, text, and email made under this authorization is made for you and in your name. You are the seller, sender, and initiator of record for it, and you are responsible for it as if you had made it yourself.

6.3 Your warranties#

You warrant that, for every number and address worked under this authorization: (a) the do-not-call checks the law requires have been done, including against every applicable state list; (b) you have any consent the law requires for the channel, purpose, and technology used; and (c) the outreach complies with Sections 2 to 5. A do-not-call flag shown in the Platform is not your registry check. Before an assistant calls or texts a number whose do-not-call status is unknown or was checked more than thirty-one (31) days ago, we check it against the National Do Not Call Registry through a third-party service and record the result. If the check cannot be completed, the assistant does not contact that number.

6.4 Boxes ticked for you#

When an assistant ticks a consent, compliance, or attestation box in the Platform while working your account, including the statements described in Section 8, the assistant does so on your behalf under this authorization. The statement is yours, it rests on your written criteria, instructions, and warranties, and you are bound by it as if you had ticked it yourself. We record who ticked it, and when, as described in Section 8.

6.5 Numbers flagged Do Not Call#

Assistants never call or text a number that the Platform flags as on a do-not-call list. There is no exception, and no approval or instruction from you changes this. You may still call or text such a number yourself, from your own login, where the law allows it. Numbers on your account's own do-not-call list are blocked for everyone.

6.6 Opt-outs, restrictions, and identification#

You must tell us in writing of any restriction on a lead or number, any opt-out you receive through another channel, and any caller identification or disclosure the law requires in the states you work (Section 4.2). We keep our own do-not-call policy, and assistants add to your account's do-not-call list any number whose owner asks not to be contacted. We may refuse or stop any instruction we believe is unlawful.

6.7 Acceptance and duration#

You accept this authorization by ticking the box that refers to it when you buy assistant services. If you already have assistant services, this authorization applies to you under the change process in Section 1.3 of the Terms. It lasts while you have assistant services. Ending it does not affect outreach already made.

6.8 Responsibility#

Section 16 of the Terms applies to all outreach under this authorization. It does not apply to the extent a claim results from an assistant's failure to follow your written criteria or documented instructions, from an assistant calling or texting a number flagged as on a do-not-call list, or from our fraud or willful misconduct.

7. Licensed Data and Automated Access#

7.1 Licensed Data#

You may use Licensed Data only for your own internal surplus funds recovery business, within your plan, and only through the Services while your subscription is active and in good standing. You must not:

• copy, export, download, print, screenshot, or collect Licensed Data in bulk, or in a volume beyond what your own case work reasonably requires;
• page through, search, or import records systematically to build a copy of any part of our database, inside or outside the Services, including by importing records and then deleting them to move them elsewhere;
• sell, license, share, publish, or transfer Licensed Data to anyone outside your organization, including affiliates, partners, investors, list brokers, and data vendors;
• use Licensed Data after your subscription ends or while it is suspended;
• use Licensed Data, or any data from the Services, to train, fine-tune, evaluate, or ground an artificial intelligence or machine learning model outside the Services (using the AI features built into the Services is allowed); or
• use Licensed Data as a consumer report, or as a factor in deciding anyone's eligibility for credit, insurance, employment, housing, or tenancy, including tenant screening, or for any other purpose covered by the Fair Credit Reporting Act. Licensed Data is not a consumer report, and we are not a consumer reporting agency.

7.2 Automated access#

Use the Services only through the interfaces we provide: the web application, the mobile apps, and any connector or API we make available and that you use as we document it. Without our written permission, you must not access, search, copy, export, or collect any part of the Services by automated, scripted, or agent-driven means, including bots, crawlers, scrapers, headless or automated browsers, browser extensions or macros that act without a person directing each step, and AI agents that operate the Services for you, whether under your login or anyone else's. You must not get around any limit on access, volume, or speed, including rate limits and export and print controls. Written permission means a signed agreement or an email from us naming the tool and what it may do; a connector we publish, set up as we document it, has that permission for the actions it offers. Data taken in breach of this Section was taken outside your license.

7.3 Skip-trace and contact data: permitted use#

Contact and skip-trace data may come from sources that are subject to the Gramm-Leach-Bliley Act or the Driver's Privacy Protection Act. The first time you order a skip trace, you certify the following by ticking the box shown, and each later order or use of the data repeats that certification:

• you will use it only to locate and contact people about Excess Proceeds for your own surplus funds recovery business;
• where any of it is subject to the Gramm-Leach-Bliley Act or the Driver's Privacy Protection Act, your use is a permissible use under that law, and you will give any further certification that we or our data provider ask for;
• you will not use any of it that we or our data provider identify as coming from motor vehicle records, or from a financial institution under an exception in the Gramm-Leach-Bliley Act, to market to or solicit anyone, unless that law expressly allows the use;
• you will not use it to obtain information under false pretenses, to locate a person for harassment, stalking, or any unlawful purpose, or for any purpose listed in Section 7.1; and
• you will keep it secure and limit access to Authorized Users who need it.

If you cannot make these certifications, do not order a skip trace or use the data.

8. Attestations#

We may ask you to confirm specific statements when you import contacts, pull records from our database into your workspace, start a calling queue, include a number flagged as on a do-not-call list, or launch a campaign or mailing. Each confirmation is true when it is made, we are entitled to rely on it, and we record who made it and when, and, where the Platform captures them, the list, queue, or campaign, the numbers or records involved, the IP address and device, and the version of the statement shown. A confirmation made by an assistant for you under Section 6.4 is your confirmation. A false attestation is a material breach.

9. Other Prohibited Uses#

You must not use the Services to:

• break any law, or help anyone else do so;
• send spam, or contact anyone who has asked not to be contacted;
• harass, threaten, or mislead anyone, including by misrepresenting who you are, whom you represent, the amount of Excess Proceeds, or the owner's rights;
• impersonate any person, business, government agency, or court;
• access accounts, data, or systems without authorization, probe or test our security, or interfere with the Services;
• reverse engineer, decompile, or copy the Services, or use them to build a competing product or database;
• resell, sublicense, or share access to the Services, or let anyone outside your organization use your logins; or
• upload malware or content you have no right to use.

10. Enforcement#

We may investigate suspected violations, review activity on your account, and change account settings, such as do-not-call and calling-time settings, to protect compliance. If we believe you have violated this Policy, or a carrier, regulator, or person you contacted complains, we may without notice remove content, block numbers or campaigns, suspend features or your account, stop exports, keep records of the activity, report it to carriers or authorities, and terminate your account under the Terms. Fees remain payable and are refunded only as the Terms provide. Our failure to act on a violation is not a waiver. Report violations or complaints to [email protected].

11. Changes#

We may change this Policy under the change process in Section 1.4 of the Terms, except that changes required by law or by carriers may take effect sooner.

12. Contact#

Excess Quest LLC, 8 The Green, STE A, Dover, DE 19901, United States. Email [email protected].

This Policy is available in English and Spanish. If the two versions differ, the English version controls.