HARD CALL MODIFICATION AND TERMINATION POLICY
1. INTRODUCTION AND PURPOSE
1.1 This Modification and Termination Policy ("Policy") describes the circumstances and procedures under which HARD CALL LLC, organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), may modify the Hard Call communication-processing platform, websites, applications, and related services (collectively, the "Services"), and suspend or terminate access to the Services or contractual relationships with Users.
1.2 This Policy is drafted to withstand regulatory and judicial scrutiny and is intended to align with Applicable Law (as defined below), including but not limited to Section 230 of the Communications Decency Act, FOSTA-SESTA, GDPR, CCPA/CPRA, the EU Digital Services Act ("DSA"), COPPA, ADA, ECPA, CFAA, state consumer protection and data breach notification laws, payment network rules and PCI DSS requirements, and Section 5 of the FTC Act.
1.3 Hard Call’s mission is to reduce escalation and protect Clients from harmful replies by mediating sensitive communications. This Policy ensures that modifications and terminations are implemented in a manner that is transparent, risk-based, safety-focused, and consistent with Hard Call’s legal obligations and platform-liability protections.
1.4 This Policy supplements and is incorporated by reference into the Hard Call Terms of Service ("Terms"), Privacy Policy, Acceptable Use Policy, and other referenced policies. In the event of conflict concerning modification or termination mechanics, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise.
2. DEFINITIONS
2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, and rules governing online platforms, consumer protection, privacy, electronic communications, accessibility, payment processing, and platform liability, including without limitation ADA, GDPR, UK GDPR, CCPA/CPRA, DSA, COPPA, ECPA, CFAA, FOSTA-SESTA, PCI DSS, the FTC Act, and state unfair and deceptive practices statutes.
2.2 "User" or "you" means any individual or entity that accesses or uses the Services in any capacity, including Clients, Recipients who reply via the Services, Editors using internal tools, and visitors to Hard Call’s websites.
2.3 "Client" means the individual or entity that initiates a communication or message for review, refinement, and optional delivery through the Services.
2.4 "Recipient" means the individual or entity identified by the Client as the intended recipient of a message that may be sent via the Services.
2.5 "Account" means a registered user profile or credentials issued by or recognized by Hard Call that provide access to the Services for a Client, Recipient, Editor, or other authorized User.
2.6 "Suspension" means a temporary restriction, limitation, or disabling of some or all access to the Services or an Account, which may be partial or complete and may be applied at the level of a feature, message thread, or User.
2.7 "Termination" means the permanent closure of an Account or the permanent cessation of a User’s rights to access or use the Services, as determined by Hard Call or by the User in accordance with this Policy and the Terms.
2.8 "Legal Hold" means an internal directive to preserve information relevant to actual or reasonably anticipated litigation, regulatory investigations, law enforcement requests, or other legal obligations, as further described in the Data Retention and Deletion Policy.
3. SCOPE AND RELATIONSHIP TO OTHER POLICIES
3.1 This Policy applies to all modifications to the Services and to all decisions to suspend or terminate access to the Services or Accounts, whether initiated by Hard Call or by Users, including automated and human-reviewed decisions.
3.2 This Policy operates in conjunction with the Terms, Acceptable Use Policy, Privacy Policy, Data Retention and Deletion Policy, Cookies and Tracking Policy, Accessibility and ADA Compliance Policy, and Contact and Complaints Policy. Those documents provide additional detail on specific categories of conduct, data handling, and rights that may inform modification or termination decisions.
3.3 Nothing in this Policy limits non-waivable statutory rights or remedies under Applicable Law, including rights of Users under ADA, GDPR, CCPA/CPRA, or DSA to receive certain notices or to challenge termination decisions where such frameworks apply.
3.4 Hard Call’s rights and obligations under Section 230, DSA, DMCA, and other safe harbor regimes for good-faith moderation and platform management decisions remain fully in effect and are not waived by this Policy.
4. GENERAL RIGHT TO MODIFY SERVICES AND POLICIES
4.1 Hard Call may, to the fullest extent permitted by law, modify, enhance, update, or discontinue any aspect of the Services, including features, user interfaces, pricing, or technical infrastructure, in whole or in part, for reasons including but not limited to safety, security, legal compliance, performance, usability, or business strategy.
4.2 Hard Call may modify this Policy and other policies referenced in the Terms to reflect changes in legal requirements, regulatory guidance, risk assessments, or operational practices. Material changes will be communicated in accordance with Section 12 of this Policy and the notice provisions in the Terms.
4.3 Where Applicable Law requires transparency regarding modification practices (for example, under DSA for certain platform decisions), Hard Call will maintain appropriate records and, where required, publish reports or provide user-facing explanations consistent with such requirements.
4.4 Modifications to the Services or policies will be applied in a non-discriminatory manner and will be designed to respect accessibility and privacy obligations to the extent reasonably practicable.
5. MODIFICATION OF TERMS, POLICIES, AND DOCUMENTATION
5.1 Hard Call may update the Terms, this Policy, and other policies from time to time. Unless otherwise required by law, changes become effective upon posting or as of a specified effective date indicated in the notices.
5.2 Material changes may include, without limitation: (a) significant adjustments to rights or obligations of Users; (b) changes to dispute resolution mechanisms; (c) substantive modifications to data processing practices; or (d) major changes to enforcement or termination standards.
5.3 Where required by Applicable Law, Hard Call will provide Users with advance notice of material changes (for example, via email, in-Service notifications, or prominent banners), and may request renewed consent for changes involving data protection practices or new categories of processing.
5.4 If you do not agree with updated Terms or policies, you shall discontinue use of the Services and follow the user-initiated termination procedures described in Section 9. Continued use of the Services after the effective date of updated documents will, to the extent permitted by law, constitute acceptance of such changes.
6. MODIFICATION, SUSPENSION, OR DISCONTINUATION OF SERVICES
6.1 Hard Call may modify, limit, or discontinue any part of the Services, including specific products, plans, or features, for reasons such as: (a) security vulnerabilities; (b) legal or regulatory changes; (c) low adoption or high risk relative to benefit; (d) infrastructure constraints; or (e) strategic business decisions.
6.2 Where feasible and consistent with safety and legal requirements, Hard Call will provide reasonable advance notice of discontinuation of significant features or Services that materially affect active Users, and may offer transition guidance or alternative solutions.
6.3 Hard Call may implement temporary or permanent technical or operational measures to mitigate risk, such as limiting message volumes, adjusting cooling-off periods, modifying reply handling, or altering access to certain categories of communication, in order to satisfy obligations under FOSTA-SESTA, DSA, safety regulations, or internal risk frameworks.
6.4 Hard Call is not obligated to maintain backward compatibility for all features or to support outdated browsers, operating systems, or devices, provided that accessibility and non-discrimination obligations are reasonably considered in deprecation decisions.
7. ACCOUNT SUSPENSION
7.1 Hard Call may suspend an Account, in whole or in part, where Hard Call in good faith believes that: (a) there has been a violation of the Terms, Acceptable Use Policy, or this Policy; (b) there is suspected fraud, abuse, or unauthorized access; (c) there is a credible safety risk to any person; (d) there is a need to investigate potential Platform Abuse; or (e) suspension is required by law, court order, or regulatory directive.
7.2 Suspension actions may include: (a) restricting login; (b) disabling message sending or receipt; (c) limiting access to certain features or data; (d) placing temporary holds on payment or payout flows; or (e) other targeted measures tailored to the risk identified.
7.3 To the extent permitted by law and consistent with safety, Hard Call will provide notice of suspension to the affected User, explaining the core reason for the action and, where appropriate, the steps required for potential reinstatement or review.
7.4 Suspensions will be reviewed periodically and may be converted to Termination, modified, or lifted, depending on the outcome of investigations, remedial actions taken by the User, and ongoing risk assessments.
8. IMMEDIATE TERMINATION BY HARD CALL
8.1 To the fullest extent permitted by law, Hard Call may immediately terminate an Account or access to the Services, without prior notice, where Hard Call in good faith determines that: (a) there is severe or repeated violation of the Acceptable Use Policy; (b) there is content or conduct implicating FOSTA-SESTA, trafficking, child exploitation, or other serious criminal activity; (c) there is a credible threat of violence or imminent harm; (d) there is significant fraud, chargeback abuse, or unlawful payment activity; or (e) continued access would create an unreasonable legal, operational, or safety risk.
8.2 In cases of immediate Termination, Hard Call may, where consistent with safety and legal constraints, provide a post-termination notice summarizing the reason for termination and any available avenues for appeal or review.
8.3 Hard Call’s decision to terminate an Account does not waive or limit any rights or defenses under Section 230, DSA, or analogous safe harbor frameworks, and Termination decisions are made in good faith, based on available evidence and risk assessments at the time.
8.4 Termination may be accompanied by Legal Holds or retention of certain records where necessary for legal, regulatory, or safety purposes, as described in the Data Retention and Deletion Policy.
9. USER-INITIATED TERMINATION
9.1 Users may terminate their Accounts at any time in accordance with the procedures made available in the Services or through the Contact Channels described in the Contact and Complaints Policy, subject to any contractual minimum terms or outstanding payment obligations.
9.2 User-initiated Termination will generally result in the deactivation of login credentials and cessation of access to the Services for that Account. Certain data associated with the Account may continue to be processed as described in the Privacy Policy and Data Retention and Deletion Policy.
9.3 User-initiated Termination does not automatically discharge obligations that, by their nature, extend beyond termination, including payment of outstanding fees, indemnification obligations, and agreed dispute resolution mechanisms.
9.4 If a User terminates their Account in response to a material change in Terms or policies, Hard Call’s liability and obligations will be limited as provided in the Terms, subject to any non-waivable rights under Applicable Law.
10. EFFECT OF TERMINATION OR SUSPENSION
10.1 Upon Suspension or Termination, access to some or all portions of the Services will cease for the affected Account, and the User shall immediately stop using the Services and any credentials, tokens, or access keys provided by Hard Call.
10.2 To the extent permitted by law and consistent with safety and confidentiality obligations, Hard Call may, but is not obligated to, provide Users with the opportunity to export or request access to certain non-sensitive data associated with their Account prior to or following Termination, subject to technical feasibility and any conflicting Legal Holds.
10.3 Termination or Suspension does not, by itself, entitle the User to a refund or credit, unless otherwise required by the Terms, a specific service-level agreement, or Applicable Law. Refunds, if any, will be handled in accordance with Section 13 of this Policy and the Terms.
10.4 Hard Call may continue to retain and process data associated with a terminated or suspended Account for purposes including legal compliance, prevention of fraud and abuse, safety and risk management, and recordkeeping, in accordance with the Privacy Policy and Data Retention and Deletion Policy.
11. DATA PROTECTION, PRIVACY, AND TERMINATION
11.1 Data processing associated with modification, Suspension, or Termination decisions will be carried out in accordance with the Privacy Policy, GDPR, CCPA/CPRA, and other applicable privacy and data protection laws, including obligations to provide notices, respond to data subject or consumer rights requests, and implement appropriate security measures.
11.2 Users may retain certain rights to access, correct, delete, or restrict processing of their Personal Data even following Termination, subject to legal exceptions and retention requirements described in the Privacy Policy and Data Retention and Deletion Policy.
11.3 Where feasible, Hard Call will segregate or pseudonymize data associated with terminated or suspended Accounts to reduce the risk of unauthorized access, while preserving information necessary for legal, regulatory, and safety purposes.
11.4 Termination of an Account does not automatically trigger deletion of all associated data, particularly where Hard Call is subject to Legal Holds, statutory retention periods, or safety obligations that require continued processing.
12. NOTICE, TRANSPARENCY, AND USER COMMUNICATION
12.1 Hard Call will, where appropriate and to the extent permitted by law, provide Users with notices regarding modifications to the Services, changes to policies, Suspensions, and Terminations through reasonable means, which may include email, in-Service alerts, banners, or updates to published policies.
12.2 Notices may be limited or delayed where immediate action is necessary to prevent imminent harm, preserve evidence, comply with law enforcement requests, or mitigate serious risks under FOSTA-SESTA, DSA, or analogous frameworks.
12.3 Where required by DSA or other transparency-focused regulations, Hard Call will provide affected Users with concise statements of reasons for certain moderation or Termination decisions and may publish anonymized data about enforcement actions as part of transparency reporting obligations.
12.4 Hard Call will maintain documentation of significant modification and enforcement decisions as part of its governance, risk, and compliance programs and may be required to provide such records to regulators or courts under appropriate legal process.
13. PAYMENTS, BILLING, AND REFUNDS UPON TERMINATION
13.1 Payment obligations incurred prior to Suspension or Termination, including subscription fees, per-use fees, or other charges, remain due and payable in accordance with the Terms and any applicable order forms or statements of work.
13.2 If Hard Call terminates an Account without cause (for example, due to discontinuation of a service line), Hard Call may, at its discretion or where required by Applicable Law, provide a prorated refund or credit for any prepaid, unused portion of paid Services, subject to limitations set out in the Terms.
13.3 If Hard Call terminates or suspends an Account for cause, including significant policy violations, fraud, or dangerous conduct, Hard Call is generally not obligated to provide refunds, except as required by Applicable Law or specific consumer protection rules.
13.4 Any refunds or billing adjustments will be processed through Hard Call’s PCI DSS-compliant payment providers, and Users may need to cooperate in providing necessary information to complete lawful refund transactions.
14. INDEMNIFICATION, LIMITATION OF LIABILITY, AND PLATFORM PROTECTIONS
14.1 To the fullest extent permitted by law, your obligations to indemnify, defend, and hold harmless Hard Call for claims arising out of or related to your use of the Services, including claims challenging Suspensions or Terminations based on your conduct, are governed by the indemnification provisions of the Terms, which are incorporated by reference into this Policy.
14.2 Hard Call’s liability for claims arising out of or relating to modifications, Suspensions, or Terminations is governed by the limitation of liability and disclaimer of warranties provisions in the Terms. Nothing in this Policy expands Hard Call’s liability beyond those provisions.
14.3 Hard Call’s good-faith moderation, enforcement, and Termination decisions are further protected by Section 230, DSA, DMCA, and analogous safe harbor frameworks. This Policy is not intended to waive or limit those protections, and Hard Call reserves all defenses available under Applicable Law.
14.4 Users acknowledge that certain modifications and Terminations are necessary to maintain safety, comply with law, and protect the integrity of the Services, and agree that such actions, when taken in good faith and consistent with this Policy, shall not give rise to liability except as expressly provided in the Terms and non-waivable law.
15. DISPUTES, APPEALS, AND REVIEW OF ENFORCEMENT DECISIONS
15.1 If you believe that a Suspension, Termination, or material modification materially affecting your use of the Services was made in error, you may submit a complaint or appeal through the Contact Channels described in the Contact and Complaints Policy, providing relevant details and supporting information.
15.2 Hard Call will review such appeals in good faith and may, where appropriate, assign a reviewer who was not directly involved in the initial decision, particularly where safety and regulatory considerations permit a secondary review.
15.3 Appeal processes are subject to reasonable limits to prevent abuse, including limits on repetitive or manifestly unfounded appeals. Hard Call may close appeals that do not present new facts or arguments after a fair review.
15.4 Appeal and review mechanisms under this Policy are without prejudice to any rights you may have under Applicable Law to bring claims or complaints to regulators, courts, or dispute resolution bodies, subject to any arbitration or forum selection clauses in the Terms that are enforceable in your jurisdiction.
16. NON-DISCRIMINATION AND ACCESSIBILITY IN MODIFICATION AND TERMINATION
16.1 Hard Call will not intentionally target or treat Users differently in Suspension, Termination, or modification decisions on the basis of protected characteristics such as disability, race, religion, gender, or other statuses protected by ADA, civil rights laws, or analogous statutes, except where differential treatment is required to provide Reasonable Accommodations or ensure safety.
16.2 Accessibility-related needs or accommodations may be taken into account in modification or enforcement decisions to avoid adverse impacts on Users with disabilities, consistent with the Accessibility and ADA Compliance Policy.
16.3 Users with disabilities may request accessible formats of notices relating to Suspension or Termination and may request assistance in understanding or responding to such notices, as described in the Accessibility and ADA Compliance Policy.
16.4 Hard Call may treat safety risks differently where a User’s conduct is materially influenced by medical or mental health factors, but such consideration does not eliminate Hard Call’s right or obligation to act to prevent serious harm or legal violations.
17. INTERACTION WITH LAW ENFORCEMENT, REGULATORS, AND THIRD PARTIES
17.1 Hard Call may suspend or terminate Accounts, or modify access to Services, when required or reasonably requested by law enforcement, regulators, courts, or other competent authorities, consistent with ECPA, CFAA, privacy laws, and applicable due process requirements.
17.2 Hard Call may also proactively suspend or terminate Accounts, or preserve and provide relevant information, where there is credible evidence of serious crimes, imminent threats, trafficking, exploitation, or other conduct implicating FOSTA-SESTA or analogous laws, to the fullest extent permitted by law.
17.3 Hard Call may notify affected Users of law enforcement or regulatory actions that impact their Accounts where legally permitted, but may be prohibited from doing so in some cases by gag orders, confidentiality requirements, or safety considerations.
17.4 Third-party partners, referring professionals, or enterprise customers may be notified of Suspensions or Terminations that materially affect joint projects or integrated workflows, subject to confidentiality obligations and data protection laws.
18. GOVERNING LAW, DISPUTE RESOLUTION, AND SURVIVAL
18.1 This Policy is governed by the same governing law specified in the Terms, typically the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules, except where non-waivable local law requires otherwise.
18.2 Any disputes arising out of or relating to this Policy, including disputes regarding modifications, Suspensions, or Terminations, shall be resolved in accordance with the dispute resolution, arbitration, and class action waiver provisions set forth in the Terms, to the fullest extent permitted by law.
18.3 Provisions of this Policy that by their nature should survive Suspension, Termination, or discontinuation of the Services, including those relating to Legal Holds, data retention, limitation of liability, indemnification, dispute resolution, and platform protections, shall survive for as long as necessary to fulfill their purpose and comply with Applicable Law.
19. CHANGES TO THIS MODIFICATION AND TERMINATION POLICY
19.1 Hard Call may update this Policy from time to time to reflect changes in legal requirements, regulatory guidance, platform functionality, risk assessments, or business practices. When material changes are made, Hard Call will provide notice consistent with Section 12 of this Policy and the Terms.
19.2 Unless otherwise stated, changes to this Policy are effective when posted. Your continued use of the Services after the effective date of an updated Policy constitutes your acknowledgment of the changes, to the extent permitted by law.
19.3 Where frameworks such as GDPR, CCPA/CPRA, or DSA impose specific requirements for changes affecting user rights or enforcement practices, Hard Call will comply with those requirements in addition to the mechanisms described in this Section.
19.4 Hard Call may maintain historical versions of this Policy or summaries of material changes as part of its governance, risk, and compliance records and may provide such records to regulators or courts under appropriate legal process.
20. CONTACT INFORMATION
20.1 If you have questions or concerns about this Policy, or wish to raise an issue regarding modifications, Suspensions, or Terminations, you may contact us at: HARD CALL LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Compliance and Legal, and INFO@HARDCALL.COM.
20.2 If GDPR or UK GDPR applies, you may also have the right to lodge complaints with your local data protection authority. If CCPA/CPRA or similar U.S. state privacy laws apply, you may have additional rights described in the Privacy Policy, which you may exercise independently of this Policy.
20.3 Hard Call will review and respond to modification- and termination-related inquiries in good faith and in accordance with this Policy, the Terms, and Applicable Law, prioritizing safety, privacy, and the integrity of the Services.