This Acceptable Use Policy (the "Policy") governs use of the services provided by Mortem AI Inc. ("Mortem AI", "we", "us"), including the Sarah AI conversational assistant, web chat, SMS and MMS messaging, email workflows, lead capture, and related products (the "Services").
This Policy is incorporated into and forms part of the Mortem AI Terms of Service and, where a Master Service Agreement is in place, of that agreement and its Schedules. Capitalised terms not defined here have the meaning given in those documents. Where this Policy and a signed Master Service Agreement conflict, the Master Service Agreement controls.
The examples in this Policy are illustrative and not exhaustive.
1. Who this applies to
This Policy applies to customers of Mortem AI, to their Authorised Users, and to any party accessing the Services through a Mortem AI partner, reseller, or channel arrangement. Customers are responsible for the conduct of their Authorised Users and for any use of the Services under their account.
Where you use the Services to send messages, you are the sender for regulatory purposes. Mortem AI provides the infrastructure. The consent, the contact list, and the compliance obligation are yours.
2. Consent to receive messages
2.1 Consent is required
Before sending the first message to an individual you must obtain that individual's agreement to receive messages of the type you intend to send. The individual must be able to understand what they are agreeing to receive.
2.2 Consent is specific to you and to the stated purpose
Consent cannot be bought, sold, rented, transferred, or shared. It does not extend to other brands, other locations, or other purposes. Consent obtained for at-need service communication does not authorise pre-need marketing.
2.3 Consent does not transfer on acquisition
Where you acquire another funeral home, cremation provider, or related business and receive its contact records, the consent held by that business does not automatically carry over to messages sent by you through the Services. Obtain fresh consent before messaging acquired contacts.
2.4 Prohibited contact sources
You must not send messages through the Services to contacts obtained from:
purchased, rented, leased, or exchanged lists;
data appending or enrichment services;
obituaries, death notices, funeral notices, memorial pages, or death certificates, whether yours or another provider's;
public records, scraping, or automated collection from any website;
any source where the individual did not knowingly provide their number to you.
2.5 Alternative consent
Consent is established without a separate opt-in in two circumstances:
Inbound contact. Where an individual messages you first, their message is both consent and proof of consent for that conversation. It does not authorise messages outside that conversation.
Existing relationship, informational content only. Where an individual has given you their number and has taken an action that triggers a communication (booking an appointment, placing an order, requesting a callback, arranging a service), you may send informational messages relating to that action, such as appointment reminders, confirmations, and service coordination. These messages must not promote a product or service or solicit a purchase.
2.6 Ongoing and stale consent
Where you message an individual on a recurring basis you must periodically remind them how to unsubscribe. Where a significant period has passed since consent was given and no message has been sent, reconfirm consent in your first message. Respect any stated preference about frequency of contact.
3. Consent records
3.1 You must keep a record of consent for every individual you message through the Services. The record must identify the individual, the date and time consent was given, the method by which it was given, and the wording the individual saw.
3.2 You must retain each consent record for at least four (4) years after the individual opts out, or longer where required by applicable law.
3.3 Where Mortem AI receives a complaint, a carrier enquiry, a regulatory enquiry, or a legal demand relating to messages sent from your account, you must provide the relevant consent records to Mortem AI within five (5) business days of written request. Failure to do so is grounds for immediate suspension of messaging under section 11.
4. Sender identification and opt-out
4.1 Every message must clearly identify you as the sender, except in follow-up messages within an ongoing conversation.
4.2 Your first message to an individual must include standard opt-out instructions, such as "Reply STOP to unsubscribe."
4.3 You must honour any standard opt-out keyword, including STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT. After an opt-out you may send one confirmation message and nothing further. The individual must give fresh consent before any further messages are sent.
4.4 You must not use a separate number, sending domain, or Location to reach an individual who has opted out.
5. Timing
Non-emergency messages must not be sent outside the hours of 8:00am to 9:00pm in the recipient's local time, or within any narrower window required by applicable state, provincial, or local law. This restriction does not apply to messages responding to an inbound inquiry from that individual, or to time-critical at-need coordination the individual has requested.
6. Conduct specific to funeral and cremation services
You must not use the Services to:
solicit the family or representatives of a decedent who have not contacted you, where such solicitation is restricted by the funeral or cremation regulator in the relevant jurisdiction;
market pre-need arrangements in a manner that contravenes applicable pre-need, trust, or insurance regulation, or any state or provincial restriction on the solicitation of seniors;
make pricing, availability, or service representations that conflict with your General Price List or with disclosure obligations under the FTC Funeral Rule or its state and provincial equivalents;
obtain, or purport to obtain, cremation authorisation, next-of-kin authorisation, or any other authorisation requiring a signed instrument;
represent Sarah as a licensed funeral director, or as capable of providing funeral directing, legal, financial, insurance, or medical advice;
disable, modify, or obscure Sarah's identification of itself as an automated assistant, or otherwise represent the Services as a human service.
7. Prohibited content
You must not use the Services to send, or to encourage others to send, content that is:
unsolicited, or sent without the consent required by this Policy;
unlawful, fraudulent, deceptive, or misleading, including phishing and impersonation;
harassing, defamatory, obscene, abusive, or invasive of privacy;
infringing of another party's intellectual property or proprietary rights;
harmful to systems or data, including malware, viruses, and harmful code.
8. Prohibited data
You must not submit to the Services, or configure Sarah to elicit, any of the categories of sensitive and prohibited data set out in the Mortem AI Terms of Service, including Social Security and Social Insurance numbers, financial account and payment card data, Protected Health Information, and cause-of-death or other health information.
Where a configuration appears to require processing of restricted data, contact [email protected] before deployment.
9. Filtering evasion
Carrier enforcement action is applied at the level of the messaging infrastructure, not the individual sender. Conduct by one customer can therefore degrade or suspend message delivery for every other Mortem AI customer. You must not:
design content to evade carrier or platform filtering, including deliberate misspellings and non-standard opt-out phrases;
distribute similar or identical messages across multiple numbers to evade volume detection ("snowshoeing");
use shared public URL shorteners such as Bitly or TinyURL in messages sent through the Services;
misrepresent the origin of a message or alter sender identifiers.
You must comply with Twilio's Acceptable Use Policy and Messaging Policy as they apply to traffic originating from your account, and with the terms of any A2P 10DLC campaign registration made on your behalf.
10. Platform integrity
You must not:
probe, scan, or test the vulnerability of the Services, bypass access controls, or interfere with security measures. Security researchers acting in good faith may report findings to [email protected] under our vulnerability disclosure programme;
reverse engineer, decompile, or attempt to extract source code, models, system prompts, or platform design, except to the extent applicable law expressly permits;
exceed the usage limits stated in your Order Form or signed agreement, or place unusual or excessive load on the Services in a manner that impairs their availability to others;
access the Services to build a competing product, or permit a competitor to do so on your behalf.
11. Monitoring and enforcement
11.1 Mortem AI may, but is not obliged to, monitor traffic sent through the Services and investigate suspected violations of this Policy.
11.2 Where Mortem AI reasonably believes that use of the Services creates carrier, regulatory, or legal risk, Mortem AI may suspend the affected Location, messaging channel, or account immediately and without prior notice, and may require remediation before restoring service. For all other violations Mortem AI will give written notice and a reasonable opportunity to remedy where circumstances permit.
11.3 Suspension under this section does not relieve you of the obligation to pay fees for the affected period, and does not limit any other remedy available to Mortem AI.
11.4 Mortem AI may report suspected unlawful activity to law enforcement, regulators, or carriers, and may disclose account information as part of that report or in response to a lawful request.
12. Reporting violations
If you become aware of a violation of this Policy, notify us at [email protected] and provide reasonable assistance to stop or remedy it.
13. Related documents
Terms of Service, the agreement governing use of mortemai.com, demos, and the Services where no signed Master Service Agreement is in place.
Privacy Policy, covering how we collect, use, retain, and protect personal information.
Security, covering our security programme and vulnerability disclosure process.
Sub-processors, the current list with data categories and processing locations.
Legal Hub, including our documented recommended procedures for human oversight of the Services.
14. Changes
Mortem AI may revise this Policy by posting an updated version at mortemai.com and revising the version number and "Last updated" date. Where a revision is material, customers with a signed Master Service Agreement receive notice through the channels specified in that agreement. Continued use of the Services after a revision takes effect constitutes acceptance.
Contact
Questions about this Policy:
Mortem AI Inc.
1717 Devney Drive
Altoona, Wisconsin 54720
United States