Jobber Phone Calls Terms of Service

This Jobber Phone Calls Terms of Service (“Policy”) applies when you use two-way calling or text-messaging functionality integrated into Jobber (“Jobber Phone”). You agree to be bound by this Policy and any additional terms, conditions, or policies that are provided to you in connection with Jobber Phone from time to time. This Policy is subject to change at any time without notice, and the changes will be effective when posted. Your continued use of the Jobber Phone indicates your acceptance and agreement to the updated Policy.

These terms are supplemental to the Jobber Terms of Service and Privacy Policy, which bind all users of the Jobber Phone. Capitalized terms not defined in this Policy have the meanings given in the Jobber Terms of Service, as applicable.

You are responsible for anyone who uses Jobber Phone through your Jobber account, including your employees, contractors, and other authorized users.

1. Permitted use

You may use Jobber Phone only to communicate with your own clients and prospective clients about services they requested, scheduled, received, or reasonably inquired about. Permitted communications may include:

• responding to a client’s inquiry;
• confirming or rescheduling an appointment;
• providing service updates;
• sending quotes, invoices, receipts, or payment reminders; and
• following up about services you rendered or that the client requested.

2. Prohibited use

You must not use Jobber Phone:

• for unsolicited telemarketing, advertising, or solicitation campaigns, or to send bulk communications without all required consents or in a manner inconsistent with your registered messaging use case, as further described in Section 6 (Registered messaging use case);
• to contact purchased, rented, shared, harvested, or scraped contact lists;
• to send spam or other bulk communications unrelated to a recipient’s requested or existing services;
• to contact anyone who has withdrawn consent or asked not to be contacted;
• to evade a block, suppression list, complaint, or opt-out by rotating phone numbers, accounts, workspaces, identities, or messaging providers;
• to transmit content that is obscene, defamatory, hateful, exploitative, or that promotes or facilitates violence, child exploitation, or other unlawful or harmful conduct;
• to transmit malware, viruses, malicious code, phishing content, or links intended to compromise a recipient or obtain personal, health, or financial information through deception;
• to promote products, services, or activities prohibited or restricted by applicable law, telecommunications carriers, or Jobber’s service providers, including illegal drugs, cannabis, vaping or tobacco products, firearms or explosives, gambling, adult services, prescription drugs, and debt relief;
• to engage in traffic pumping, artificially inflate call volumes, generate excessive short-duration calls or abnormal spikes in call attempts, or direct calls to high-cost or revenue-sharing numbers;
• to call large numbers of unique or sequential phone numbers, or routinely call conference lines, chat lines, or similar services, in a manner inconsistent with ordinary business use;
• to spoof, manipulate, or use caller identification or callback information in a misleading manner or with intent to deceive, harass, or commit fraud;
• to use bots, autodialers, prerecorded messages, voicemail drops, or other automated calling systems, other than functionality made available by Jobber and used as intended, or as otherwise expressly authorized in writing by Jobber, and used in compliance with this Policy and applicable law;
• in a way that is deceptive, fraudulent, abusive, harassing, threatening, or unlawful; or
• to transmit content that infringes another person’s rights.

3. Consent and legal compliance

You represent and warrant that:

• you have obtained and will maintain all consents and permissions required by applicable law for each call or text message you initiate through Jobber Phone, including any additional consent required for an automated or prerecorded call or message;
• you can produce reasonable records of that consent if requested;
• your communications comply with all applicable telecommunications, marketing, privacy, consumer-protection, call-recording, and do-not-call laws;
• your contact information, caller identification, and message content are accurate and not misleading; and
• each call or text message includes any sender identification, disclosure, and opt-out mechanism required by applicable law or telecommunications-provider requirements.

Jobber Phone does not determine whether you have sufficient consent or whether a particular communication is lawful. You are solely responsible for making those determinations.

4. Opt-outs and revocation of consent

You must:

• promptly honour a recipient’s request to stop receiving calls or messages;
• treat consent as revoked when the recipient communicates that request by any reasonable method;
• not require the recipient to use particular words, a particular communication channel, or a particular process to revoke consent;
• maintain and apply appropriate internal suppression and do-not-contact records, and screen calls against all applicable national, state, provincial, and other external do-not-call lists; and
• ensure that a person who opts out is not contacted again unless that person subsequently provides valid consent.

You must not avoid or override an opt-out by using another phone number, account, workspace, employee, or communication channel.

5. Calling hours

You must comply with all calling-hour restrictions that apply to your calls. Unless applicable law requires a narrower calling window or additional day-of-week, holiday, or emergency restrictions, you must not place calls before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time.

You are solely responsible for identifying and complying with all requirements that apply to you and your communications.

6. Registered messaging use case

Your use of Jobber Phone must remain consistent with the business, brand, message types, consent process, and other use cases declared through any application-to-person messaging registration, including A2P 10DLC registration.

You must not:

• use an approved registration for a materially different messaging campaign;
• misrepresent your identity, business, expected message volume, or consent practices; or
• share or allow another business to use your registered numbers or campaign.

You must promptly update your registration information if your use case changes.

7. Call recording and transcription

If you enable call recording, transcription, or similar functionality, you are responsible for:

• determining whether one-party, all-party, or other consent requirements apply;
• providing all legally required notices;
• obtaining and documenting all required consents;
• determining whether recording employees, clients, or other participants is permitted; and
• complying with all applicable privacy, employment, retention, and data-protection requirements.

Jobber may provide an audible announcement or other notice that a call is being recorded. If Jobber permits you to disable that announcement, doing so is your decision and does not remove your obligation to provide any legally required notice or obtain consent.

8. Emergency calls and 911 limitations

Jobber Phone is not a replacement for traditional mobile or landline telephone service and must not be relied on as the sole means of contacting emergency services.

When you attempt to place a 911 or other emergency call through Jobber Phone:

• Jobber Phone will attempt to redirect the call to your device’s native phone dialer;
• the emergency call must then be completed through your device’s native calling service, rather than through Jobber Phone;
• the call may not work if your device does not have active native voice service, an adequate cellular connection, or another supported means of completing the call;
• the redirection or call may be delayed, interrupted, or unavailable due to device settings, network availability, power loss, technical failure, or other circumstances; and
• Jobber Phone may not provide emergency responders with your location or callback information, so you must confirm that the call connects, immediately provide your location and call-back number to the emergency operator, and do not disconnect until instructed. If the call does not connect or is disconnected, you must call back or use another phone immediately.

You must ensure that your employees, contractors, and other authorized users:

• understand these limitations;
• know that emergency calls are redirected to the device’s native dialer;
• maintain access to a reliable alternative method of contacting emergency services; and
• do not rely exclusively on Jobber Phone for 911 or other emergency communications.

9. Monitoring, complaints, and suspension

Jobber may investigate or suspend your access to Jobber Phone, with or without advance notice, including if Jobber receives or identifies:

• recipient complaints or unusually high opt-out, blocking, or complaint rates;
• usage patterns inconsistent with ordinary business use, including unusually high call or message volumes, excessive short-duration calls, abnormal spikes in call attempts, or unusually large numbers of unique or sequential numbers contacted;
• a traceback request;
• a carrier, provider, industry-monitoring, law-enforcement, or regulatory notice;
• suspected unlawful, fraudulent, abusive, or non-compliant activity; or
• activity that may threaten Jobber, its providers, telecommunications networks, or other users.

You must reasonably cooperate with an investigation and provide requested information concerning consent, registration, message content, recipients, and opt-out handling. Jobber may continue a suspension until it is satisfied, in its sole discretion, that the issue has been resolved.

10. Indemnity

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Jobber, its affiliates, and their personnel and service providers from claims, investigations, penalties, losses, liabilities, damages, judgments, settlements, and reasonable legal costs arising from or relating to:

• calls or messages initiated through your Jobber account;
• your Jobber Phone content, recipient lists, consent practices, or opt-out handling;
• your recording or transcription of communications;
• your failure to comply with this Policy or applicable law; or
• the acts or omissions of your employees, contractors, or other authorized users.

This indemnity does not apply to the extent a claim results directly from Jobber’s material breach of its obligations or its gross negligence or willful misconduct.

11. Changes and enforcement

You are independently responsible for complying with applicable laws and our policies, including this Policy. Jobber may monitor your activities for potential violations of this Policy.

Jobber may impose reasonable technical or usage limits, block particular communications, require corrective action, or restrict or terminate access to Jobber Phone to protect recipients, telecommunications networks, Jobber, or its service providers. Jobber also reserves the right to suspend, restrict, or terminate your access to Jobber Phone at Jobber’s sole discretion if it believes or suspects that any activity violates this Policy or the Jobber Terms of Service, or is otherwise illegal, unsuitable or presents regulatory, financial, reputational, or operational risk.

If you have any questions about Jobber Phone, or if you’d like to report any known or suspected violations of this Policy, please email [email protected].