1. Purpose
This Fair Usage Policy (“FUP”) defines the per-User monthly fair usage thresholds applied by smrtPhone to all smrtPhone and smrtDialer seat offerings that carry a monthly calling or texting allowance, and is based on the voice and text usage profile of an ordinary business User. We may modify and update this FUP from time to time without prior notice to you. All updates and modifications will be posted here and you are responsible for monitoring the same.
2. Scope
This document applies to smrtPhone seat offerings that include unlimited calling and unlimited texting subject to fair usage, and to smrtDialer Business seats, which carry a fixed monthly talk-minute allowance for calls to the United States and Canada. It applies regardless of the specific contract instrument under which the seat is sold.
Where a customer agreement contains its own express usage caps, those caps prevail with respect to that customer.
3. Fair Usage Thresholds
Each seat contributes the following monthly allowance to the customer’s account, according to its seat type. Allowances are pooled at the account level and shared across all Users on the account, measured per calendar month:
| Service | Per-Seat Monthly Allowance | Measurement Basis |
|---|---|---|
| Talk minutes (inbound & outbound voice) | 2,500 minutes | Combined sum of inbound and outbound call minutes on the User’s seat |
| Text messages (SMS/MMS segments) | 2,500 segments | Sum of outbound text segments sent from the User’s seat (excluding smrtCast) |
| smrtDialer Business talk minutes (United States & Canada) | 5,000 minutes | Sum of dial minutes placed from a smrtDialer Business seat to destinations in the United States and Canada |
Pooling. Allowances are pooled at the customer-account level rather than enforced per individual User. The total monthly account allowance is calculated by multiplying the per-seat allowance by the number of active seats on the account. For example, an account with 5 active smrtPhone unlimited seats has a combined monthly allowance of 12,500 talk minutes (5 × 2,500) and 12,500 text segments (5 × 2,500), available for use by any User on the account. Unused allowance does not roll over to subsequent months.
4. Excluded Services and Charges
The following services and charges fall outside the seat allowances set out in Section 3 and are billed separately:
| Item | Treatment |
|---|---|
| smrtDialer Single Line and Multi Line calls | Not included in any seat allowance. These seats are pay-as-you-go: dial minutes are billed per minute from the account credit balance at the standard rate in Section 5. |
| smrtDialer Business calls beyond the included allowance, or placed to destinations outside the United States and Canada | Not covered by the allowance in Section 3. Excess United States and Canada minutes are billed at the standard rate in Section 5; other destinations are billed at the applicable per-destination international rate. |
| smrtCast text messages | Not included in the unlimited allowance; billed separately per the applicable agreement. |
| Phone numbers (DIDs) | Not included in the seat. Billed separately per applicable agreement, plus applicable taxes, FCC fees, A2P 10DLC fees, and pass-through regulatory charges. |
| Carrier / regulatory pass-throughs | Billed at cost (or cost plus applicable handling fee) and unaffected by these caps. |
| International calling and texting | Subject to separate per-destination rates; not included in the unlimited allowance. |
5. Overage Handling
Where a User’s actual usage exceeds the applicable monthly cap in Section 3, the excess usage is treated as billable on a pay-as-you-go (“PAYG”) basis at the standard rates set forth below, plus applicable taxes, FCC fees, A2P 10DLC fees, and pass-through regulatory charges. All variable charges are based on actual usage recorded by smrtPhone systems.
| Service | Standard PAYG Rate |
|---|---|
| Voice, inbound & outbound, smrtPhone seats (per minute) | $0.03 |
| smrtDialer talk minutes, all smrtDialer plans (per minute) | $0.03 |
| Text segment (SMS/MMS) | $0.02 |
6. Acceptable Use Reference
The thresholds in this document are intended to characterize ordinary business communications by individual human Users. Usage patterns that materially exceed this profile — such as seat sharing across multiple individuals, automated outbound traffic generated outside smrtDialer, resale or wholesale termination, traffic pumping, SIM-box operation, unsolicited bulk messaging, or any conduct that violates applicable telecommunications, consumer-protection, or anti-spam laws (including the TCPA, CAN-SPAM, and applicable A2P 10DLC requirements) — are addressed under the smrtPhone Acceptable Use Policy and the relevant customer agreement, not by this Policy.