Call Service Terms
Additional terms specific to the Call delivery product.
1. Scope
These Call Service Terms apply to every Order involving the future delivery of a prerecorded
personal audio Message through a telephone Call.
They supplement:
- The Global Terms and Conditions;
- The Global Privacy Policy;
- The Recipient Privacy Notice;
- The Cancellation and Withdrawal Policy;
- The Acceptable Use Policy;
- The Service Availability Policy; and
- Any applicable regional supplement.
By purchasing a Call, the Customer agrees to these Call Service Terms.
Where these Call Service Terms conflict with the Global Terms and Conditions concerning a
matter specific to Calls, these Call Service Terms will prevail.
Mandatory applicable law will always prevail where it cannot lawfully be varied by contract.
2. The Call service
The Call service allows a Customer to:
- Record a personal audio Message;
- Provide the intended Recipient’s telephone number and email address;
- Select a future Delivery Date;
- Store the audio until delivery;
- Arrange an automated outbound Call;
- Require identity confirmation before playback;
- Make up to three Call attempts;
- Allow the Recipient to reschedule an unsuccessful Call; and
- Where offered, allow secure online listening.
The service is intended for personal, non-urgent and non-marketing Messages.
Dear Future does not guarantee that the intended Recipient will answer, confirm their
identity, listen to the entire Message or understand it.
3. Definitions
For these Call Service Terms:
Audio File means the Customer’s original recorded audio and any technically converted
version needed to store or play it.
Attempt means an outbound Call attempt initiated by or on behalf of Dear Future to the
telephone number provided for the Recipient.
Bird means the telecommunications provider currently used by Dear Future to route Calls.
Call means an automated outbound telephone Call intended to play the Customer’s
prerecorded personal Message.
Caller ID means the telephone number or identifier displayed to the person receiving the
Call.
Confirmation Step means the process requiring the person answering the telephone to
press 1 or perform another stated action before the personal Message is played.
Delivery Window means the period during which Dear Future may attempt the Call.
DTMF means the keypad signal produced when a person presses a number on a telephone.
Online Listening Page means a protected webpage through which the Recipient may listen
to the Message after verification.
Rescheduling Link means a protected link through which the Recipient may select another
available Call time.
Other capitalised terms have the meanings given in the Global Terms and Conditions.
4. Personal and non-marketing use only
The Call service may only be used for personal Messages.
The Customer must not use the service for:
-
Advertising;
-
Telemarketing;
-
Sales offers;
-
Promotional campaigns;
-
Political campaigning;
-
Fundraising;
-
Debt collection;
-
Commercial lead generation;
-
Surveys intended primarily for marketing;
-
Unsolicited business communications;
-
Mass messaging; or
-
Any similar commercial or promotional purpose.
Dear Future may refuse or cancel a Call that appears to contain commercial, promotional or
campaigning content.
A Customer wishing to use Dear Future for an organisational or commercial project must first
enter into a separate written agreement.
5. Eligibility
The Customer must:
- Be at least eighteen years old;
- Have legal capacity to enter into the agreement;
- Have the rights necessary to provide the audio;
- Have a lawful reason to provide the Recipient’s information;
- Have obtained all legally required permission;
- Provide accurate information; and
- Comply with these Call Service Terms.
An adult may create a Call intended for a minor only where the adult is the parent, legal
guardian or otherwise legally authorised and the Call is appropriate and lawful.
6. Calls for the Customer
Where the Customer is also the Recipient, the Customer must:
- Provide a telephone number they are authorised to use;
- Provide a valid email address;
- Agree to receive the automated or prerecorded Call;
- Understand that up to three attempts may be made;
- Understand that Caller ID may change; and
- Maintain access to the telephone number and email address until delivery.
The Customer must update the Delivery Details if their number or email address changes.
7. Calls for someone else
Where the Call is intended for another person, the Customer must actively select that the
Message is for someone else.
The Customer must then complete the combined Recipient declaration presented during the
Order process.
The Customer must not select “for myself” where the telephone number belongs to another
person.
8. Recipient declaration
By completing the Recipient declaration, the Customer represents and warrants that:
- The Recipient knows that their telephone number and email address will be provided
to Dear Future; - The Recipient knows that Dear Future will store and use those details to deliver a
future personal Message; - The Recipient received or could access the Recipient Privacy Notice;
- The Customer is legally permitted to provide the information;
- The Recipient agreed to the intended use of their information;
- The Recipient specifically agreed to receive an automated or prerecorded Call from
Dear Future; - The Recipient agreed to receive the Call at the telephone number provided;
- The Recipient understands that Dear Future may make up to three attempts;
- The Recipient understands that an email may be sent after an unsuccessful attempt;
- The Recipient understands that secure online listening may be offered;
- The Recipient has not withdrawn permission;
- The Recipient has not objected;
- No block, no-contact request, restraining order, protective order or comparable
restriction applies; - The intended Call is not harassment or an attempt to circumvent the Recipient’s
wishes; - The telephone number and email address are accurate to the best of the Customer’s
knowledge; and - The Customer will promptly notify Dear Future if any of these circumstances change.
The Customer is confirming that the Recipient’s permission already exists. The Customer is
not giving permission on behalf of the Recipient.
9. Scope of the Recipient’s permission
The Recipient’s permission must be sufficiently clear to cover:
- Dear Future as the organisation placing the Call;
- An automated or prerecorded Call;
- The personal Message;
- The telephone number provided;
- Up to three delivery attempts;
- The approximate Call hours;
- The Confirmation Step;
- A service email following an unsuccessful Call;
- Rescheduling; and
- Secure online listening where offered.
General permission to contact the Recipient may not be sufficient.
Permission obtained through deception, pressure, impersonation or omission of important
information is not valid for the purposes of these Terms.
10. Evidence of permission
Dear Future does not routinely require evidence during every Order.
Dear Future may request reasonable evidence where:
- The Recipient denies giving permission;
- A complaint is received;
- Harassment or misuse is suspected;
- A legal restriction may apply;
- A regulator, court or telecommunications provider requests information;
- A destination has heightened consent requirements;
- An unusually sensitive or high-risk situation exists; or
- Dear Future otherwise reasonably believes verification is necessary.
Evidence may include:
- A written message;
- An email;
- A signed statement;
- A digital record;
- A recorded consent statement lawfully obtained;
- Another reliable record; or
- Information sufficient to demonstrate the circumstances in which permission was
given.
Dear Future may pause or cancel the Call if reasonable evidence is not provided when
requested.
11. Country-specific consent requirements
The legal form of permission can vary by country.
Depending on the destination, applicable law may require:
-
Oral consent;
-
Written consent;
-
Electronic consent;
-
A signed or attributable record;
-
Direct permission from the called person;
-
Specific identification of Dear Future;
-
Specific disclosure of prerecorded or automated calling;
-
A particular opt-out mechanism;
-
A local Caller ID;
-
Registration of the calling entity; or
-
Other procedural requirements.
A declaration by the Customer does not override a legal requirement that Dear Future obtain
permission directly from the Recipient.
Dear Future may therefore:
- Require additional evidence;
- Require direct Recipient verification;
- Apply a different Call flow;
- Restrict certain telephone-number types;
- Refuse particular destinations; or
- Disable Calls in a country.
12. Withdrawal of permission
The Recipient may withdraw permission at any time before or during delivery.
Withdrawal may be communicated through:
- Email to info@dearfuture.ink;
- A rescheduling or listening page;
- A privacy request;
- A complaint;
- A feature offered during the Call; or
- Another clear communication to Dear Future.
The Customer must immediately notify Dear Future if the Recipient withdraws permission
directly from the Customer.
After Dear Future receives a valid withdrawal:
- Future attempts will be stopped where operationally possible;
- The Call will be paused or cancelled;
- The telephone number may be placed on a suppression list;
- Delivery Details may be deleted;
- Limited evidence of the withdrawal may be retained; and
- No refund is normally due after the fourteen-day cancellation period unless required
by law.
13. Telephone number and email address
A Call Order requires:
- A valid telephone number; and
- A valid email address for the Recipient.
The telephone number must be supplied in a supported international format.
The email address is used for purposes such as:
- Delivery information;
- Failed-Call notification;
- Rescheduling;
- Secure online listening;
- Verification;
- Privacy communications;
- Corrections;
- Opt-outs; and
- Support.
Dear Future may refuse an Order where either item is missing, invalid or technically
unsupported.
14. Accuracy of Delivery Details
The Customer is responsible for ensuring that the telephone number and email address are
accurate.
The Customer must update the Delivery Details if they learn that:
- The number has changed;
- The number was entered incorrectly;
- The number now belongs to another person;
- The email address is incorrect;
- The email account is inaccessible;
- The Recipient no longer agrees;
- The Recipient died;
- A legal or personal restriction applies; or
- Delivery would otherwise be inappropriate.
Dear Future may send update reminders, but Dear Future is not responsible for
independently monitoring changes in the Recipient’s circumstances.
15. Reassigned and shared telephone numbers
Telephone numbers may be:
- Reassigned;
- Recycled;
- Shared between family members;
- Used by an employer;
- Connected to a reception service;
- Forwarded;
- Accessed by another person; or
- Connected to a shared voicemail system.
Dear Future may validate number format and route availability but does not guarantee that
the number still belongs exclusively to the intended Recipient.
Dear Future does not currently promise to perform an independent telephone-number
reassignment check before every Call.
The Customer must keep the number current.
16. Unsupported and prohibited numbers
The Customer must not direct a Call to:
- Emergency-service numbers;
- Police, fire or ambulance lines;
- Hospital emergency departments;
- Hospital patient-room lines;
- Care-facility emergency lines;
- Poison-control services;
- Crisis hotlines;
- Life-safety systems;
- Premium-rate numbers;
- Satellite numbers where unsupported;
- Numbers used for alarms or security systems;
- Public-service access numbers;
- A number for which automated Calls are prohibited;
- A number belonging to someone who opted out;
- A number covered by a contact restriction; or
- Another number Dear Future identifies as inappropriate or high risk.
Dear Future may reject a number based on its prefix, category, destination or provider
status.
17. Supported countries
A Call is available only where:
- Bird technically supports the outbound route;
- Dear Future has approved the destination for this use;
- The relevant number type is supported;
- A compliant Caller ID or calling route is available;
- Applicable consent requirements can be met; and
- The destination appears as available during checkout.
Bird’s technical availability does not by itself mean that Dear Future legally offers Calls to
that country.
Dear Future may maintain separate internal lists of:
- Technically supported countries;
- Legally approved countries; and
- Countries currently available to Customers.
Only the final available list will be offered during checkout.
18. Availability changes
Call availability may change because of:
- Carrier restrictions;
- Bird route changes;
- Local registration requirements;
- Changes to Caller ID rules;
- Telecommunications regulation;
- Sanctions;
- Fraud or abuse concerns;
- Government restrictions;
- Network instability;
- Safety concerns; or
- Other events outside Dear Future’s reasonable control.
Bird may technically support a route at one time and restrict it later. Bird currently
documents, for example, that its Call service is unavailable to mainland China because of
local restrictions.
If a destination becomes unavailable before delivery, Dear Future may offer:
- A later Delivery Date;
- Another supported telephone number;
- Secure online delivery;
- Earlier delivery;
- Export of the Audio File;
- Another delivery method;
- Cancellation; or
- An appropriate refund.
19. Caller ID
The Recipient may see a telephone number or Caller ID selected by Dear Future or Bird.
The Caller ID:
-
May be international;
-
May not be local to the Recipient;
-
May change before the Delivery Date;
-
May differ between attempts;
-
May be affected by carrier presentation;
-
May be labelled by a device or carrier; and
-
May not support incoming Calls.
Dear Future does not guarantee that the Recipient’s telephone will display:
- Dear Future’s name;
- A familiar number;
- A local number;
- An unaltered number; or
- Any Caller ID at all.
Dear Future will not intentionally use misleading Caller ID information.
20. Incoming Calls and callbacks
The displayed Caller ID is not intended as a customer-support number.
The Recipient may be unable to call it back.
An attempted callback may:
- Fail;
- Reach an unavailable line;
- Reach a generic automated message;
- Be rejected;
- Be routed incorrectly; or
- Incur ordinary carrier charges.
Customers and Recipients should use:
info@dearfuture.ink
for support, objections, changes or rescheduling unless another contact method is expressly
provided.
21. Audio duration
Unless a different limit is expressly shown, the personal audio Message may last no more
than ten minutes.
The limit may include:
- The substantive recording;
- Silences;
- Customer-added introductions; and
- Other audio contained in the uploaded or recorded file.
The separate Dear Future introduction and Confirmation Step do not normally count toward
the Customer’s ten-minute content limit.
Dear Future may reject or truncate a file exceeding the limit only where the Customer was
clearly informed and no substantive content is removed without authorisation.
22. Audio recording format
The Customer may record audio through the Dear Future website in WEBM or another
supported browser format.
Dear Future may convert the audio to a format suitable for telephone playback.
Technical conversion may include changes to:
- File container;
- Codec;
- Sample rate;
- Bit rate;
- Number of audio channels;
- Volume normalisation;
- Silence handling; and
- File metadata.
The Customer authorises those technical changes.
Dear Future will not intentionally alter:
- The spoken words;
- The identity of the speaker;
- The substantive meaning;
- The sequence of the Message; or
- The emotional character of the recording.
23. Audio quality
Telephone networks have limited audio quality compared with the original browser recording.
The Customer acknowledges that playback may be affected by:
-
Audio compression;
-
Telephone codecs;
-
Mobile reception;
-
Background noise;
-
Device speakers;
-
Network routing;
-
Volume settings;
-
International connections;
-
Hearing ability;
-
Language; or
-
The quality of the original recording.
Dear Future does not guarantee studio-quality playback.
A material technical defect caused by Dear Future will be handled under the Global Terms
and mandatory consumer law.
24. Customer responsibility for recording quality
Before payment, the Customer must confirm that:
- The correct audio was recorded;
- The recording is understandable;
- The recording is complete;
- The recording does not contain unintended audio;
- The recording belongs to the Customer or is lawfully used;
- Every speaker was lawfully recorded;
- The content complies with these Terms; and
- The intended Recipient is correct.
Dear Future may provide a playback function before payment.
The Customer is responsible for listening to and approving the audio before completing the
Order.
25. Finality after payment
After payment, the substantive audio Message is final.
The Customer may not normally:
- Record a replacement;
- Add new audio;
- Remove part of the recording;
- Replace the speaker;
- Rewrite the Message;
- Extend the recording; or
- Substitute a different Message.
The Customer may:
- Cancel the Order;
- Request deletion;
- Update permitted Delivery Details;
- Report a technical defect; or
- Request correction of an error caused by Dear Future.
A technical correction does not permit a substantive rerecording.
26. File validation
Dear Future may automatically inspect the Audio File for:
- File type;
- File size;
- Duration;
- Corruption;
- Malware;
- Audio presence;
- Technical compatibility;
- Conversion success;
- Excessive silence; and
- Basic playback functionality.
Passing a technical check does not guarantee that:
- Every word is understandable;
- The correct Message was recorded;
- The Customer intended every statement;
- The speaker had legal authority; or
- The content is lawful.
27. Temporary playback copy
Dear Future may create a temporary converted copy of the Audio File for Bird.
The temporary copy may be made available through:
- A restricted URL;
- A signed URL;
- A time-limited access token;
- A server-controlled audio response; or
- Another protected delivery method.
Bird’s current Voice API supports playing an audio message from a URL supplied for the
Call.
Dear Future will seek to:
- Limit the access period;
- Prevent public indexing;
- Prevent general browsing access;
- Use unpredictable identifiers;
- Restrict provider use to Call delivery; and
- Delete or disable the temporary copy when no longer needed.
28. Call recording disabled
Dear Future does not intend to enable Bird’s Call-recording function for the Call service.
Dear Future does not intentionally record:
- The Recipient’s voice;
- Background conversation;
- A live response;
- A spoken reaction; or
- The telephone connection.
Dear Future may still process:
- Keypad input;
- Call status;
- Connection time;
- Duration;
- Technical errors;
- Routing information; and
- Whether playback occurred.
Keypad and technical information are not treated as a recording of the Recipient’s live voice.
29. No live reply
The Call service is one-way.
Unless Dear Future introduces a separately disclosed feature, the Recipient cannot:
- Leave a live spoken reply;
- Record a return Message;
- Speak to the Customer;
- Speak to a Dear Future employee;
- Transfer the Call;
- Request live support during the Call; or
- Create a new recording through the Call.
Dear Future may later offer a separate reply service under additional terms and privacy
information.
30. Call introduction
Before the personal Message is played, the Call will normally provide a short introduction
identifying the service and the intended Recipient.
The introduction may state:
This is Dear Future with a personal message intended for [first name]. If you are
the intended recipient, press 1 to continue. Otherwise, please hang up.
Dear Future may modify the exact wording to:
- Comply with local law;
- Improve accessibility;
- Identify the calling entity;
- Provide legally required contact details;
- Add an opt-out mechanism;
- Support another language;
- Explain keypad input; or
- Address carrier requirements.
The introduction will not intentionally reveal the substantive Message.
31. Confirmation by pressing 1
The personal Message will not be played until the person answering completes the
Confirmation Step.
The normal Confirmation Step requires pressing 1.
Bird’s current Voice API supports gathering keypad digits and nesting that input with audio
playback.
If the correct confirmation is not received:
- The personal Message will not be played;
- The Call may repeat the instruction;
- The Call may end;
- The Attempt may be treated as unsuccessful; and
- A rescheduling or listening email may be sent.
Dear Future may replace the “press 1” method with another reasonably equivalent
verification method if required by accessibility, technical or legal considerations.
32. Limits of the Confirmation Step
The Confirmation Step reduces the risk of playing the Message to the wrong person, but it is
not a complete identity-verification guarantee.
Dear Future cannot prevent:
-
Another person pressing 1;
-
A family member falsely confirming identity;
-
A shared-device user continuing the Call;
-
Someone accessing an unlocked telephone;
-
Call forwarding;
-
Employer or institutional telephone monitoring;
-
Fraudulent impersonation; or
-
Another person hearing the Message through a speaker.
The Customer must consider these risks before including highly sensitive information.
Dear Future may refuse a Call to a shared, institutional or otherwise unsuitable number.
33. Calls answered by another person
Where another person answers and does not complete the Confirmation Step:
- The personal Message will not be played;
- The person should hang up;
- The Attempt may be recorded as unsuccessful;
- Another Attempt may be scheduled; and
- The Recipient may receive an email.
Where another person falsely completes the Confirmation Step, Dear Future may be unable
to detect the false confirmation.
A person who receives the Call incorrectly may contact info@dearfuture.ink.
Dear Future may then:
- Pause further attempts;
- Correct or remove the telephone number;
- Add a suppression record;
- Investigate the issue; and
- Notify the Customer where appropriate.
34. No voicemail playback
Dear Future does not intentionally play the personal Message into voicemail or an answering
machine.
If voicemail answers:
- The introduction may begin;
- No person will normally press 1;
- The personal Message should not play;
- The Call will end after the applicable timeout; and
- The Attempt may be treated as unsuccessful.
Dear Future cannot guarantee that every carrier or voicemail system will be detected
correctly.
The Customer accepts that a technical or human event could still cause part of the
introduction to be stored in voicemail.
35. Call schedule
The Call will be scheduled around the selected Delivery Date.
Dear Future may determine the exact Call time using:
- The Recipient’s time zone;
- The Customer’s selected preferences;
- Local legal calling hours;
- Bird route availability;
- Provider capacity;
- Weekends and public holidays;
- Call-attempt spacing; and
- Reasonable operational requirements.
The Customer does not purchase a guarantee of connection at an exact minute unless Dear
Future expressly offers such a product.
36. Local time zone
The default Call window is between:
08:00 and 21:00 in the Recipient’s local time
Dear Future may use:
- The time zone selected during checkout;
- The destination-country code;
- The telephone-number prefix;
- Address information;
- A time-zone service; or
- Another reasonable method.
The Customer must correct the time zone where it is inaccurate.
Where the Recipient is travelling, Dear Future may be unable to know the Recipient’s
physical location at the time of the Call.
37. Stricter local hours
Where applicable law, carrier policy or Dear Future’s internal rules impose a narrower
period, the narrower period will apply.
Dear Future may avoid or restrict Calls during:
- Public holidays;
- Sundays;
- Religious holidays;
- Night-time hours;
- Local quiet periods;
- Emergency events; or
- Other protected periods.
The 08:00 to 21:00 window is a maximum operational window, not a promise that Calls will
be made during every part of it.
38. Weekend Calls
Calls may be placed on Saturdays or Sundays where:
- The Customer selected or accepted the date;
- The Recipient has agreed;
- Local law permits it;
- Bird supports the route; and
- Dear Future considers the timing appropriate.
Dear Future may postpone a weekend Call to another day where necessary for compliance
or reliability.
39. Number of Attempts
Dear Future may make up to three Attempts for one Call Order.
The Attempts are normally made on up to three different days.
Dear Future will normally avoid making all three Attempts in a short period.
The exact spacing may depend on:
- The Delivery Date;
- The Recipient’s response;
- Rescheduling;
- Local law;
- Route availability;
- Technical failures;
- Provider outages; and
- Customer instructions.
40. What counts as an Attempt
An Attempt normally counts where Dear Future or Bird initiates an outbound Call toward the
Recipient’s telephone number.
An Attempt may still count where:
- The Recipient does not answer;
- The Call is declined;
- The Recipient hangs up;
- The Recipient does not press 1;
- Voicemail answers;
- The telephone rings without answer;
- The Recipient’s device rejects the Call;
- A carrier blocks the Call;
- The number is busy; or
- The Recipient cannot be reached for a reason outside Dear Future’s control.
Dear Future may decide not to count an Attempt where:
- A technical failure within Dear Future’s system prevented initiation;
- Bird did not submit the Call to the telecommunications network;
- The wrong number was used because of Dear Future’s error; or
- Another Dear Future-controlled defect prevented any meaningful attempt.
41. Ending the current Call
The person answering may end the current Call at any time by hanging up.
Hanging up:
- Ends the current Call;
- Stops current playback;
- Does not record a live reply;
- May count as an Attempt; and
- Does not necessarily cancel all remaining Attempts.
To stop all future Attempts, the Recipient should contact info@dearfuture.ink or use
any opt-out mechanism provided in the Call or email.
42. Unsuccessful Call email
Following an unsuccessful Attempt, Dear Future may send an email to the Recipient.
The email may allow the Recipient to:
-
Confirm that the number is correct;
-
Report a wrong number;
-
Reschedule the Call;
-
Listen through a secure Online Listening Page;
-
Withdraw permission;
-
Stop further Attempts;
-
Contact Dear Future; or
-
Read the Recipient Privacy Notice.
The email will not include the private audio as an ordinary attachment.
The email may reveal that a personal Message is awaiting delivery.
43. Rescheduling
The Recipient may be offered available times through a secure Rescheduling Link.
Rescheduling may be subject to:
- Supported Call hours;
- Legal restrictions;
- Bird route availability;
- Time-zone limitations;
- The remaining delivery period;
- The number of Attempts already used; and
- Technical availability.
Dear Future may limit:
- The number of rescheduling requests;
- How far into the future the Call can be moved;
- The period during which the link remains active; and
- The available times.
Rescheduling does not create a new Order unless expressly stated.
44. Effect of rescheduling on Attempts
Where the Recipient actively reschedules:
- A future Attempt may be moved to the selected time;
- An unused Attempt remains available;
- A failed rescheduled Attempt may count toward the maximum of three; and
- Dear Future is not required to provide more than three total Attempts.
Dear Future may provide an additional discretionary Attempt where a failure was caused by
Dear Future or Bird.
45. Secure online listening
Dear Future may allow the Recipient to listen online instead of receiving another Call.
The Online Listening Page may require:
-
Access through the Recipient’s email;
-
A one-time link;
-
A time-limited token;
-
Confirmation of limited personal information;
-
An additional code;
-
Another reasonable verification step; or
-
Acceptance of a short privacy notice.
Dear Future may prevent:
- Public access;
- Search-engine indexing;
- Browsing of other Messages;
- Reuse after expiration;
- Automated downloading;
- Excessive access attempts; and
- Access after a complaint or withdrawal.
46. Online listening limitations
The Recipient must not share the Online Listening Page with another person unless
authorised by the Sender or lawfully entitled to do so.
Dear Future cannot guarantee that:
- The Recipient’s email account is secure;
- The Recipient will not forward the link;
- Another person will not access an unlocked device;
- Browser extensions will not observe access;
- The Recipient will listen privately; or
- A person will not make an external recording.
The Recipient is responsible for choosing a private environment.
47. Expiration of secure links
A secure listening or rescheduling link may expire after the period stated in the email or
access page.
Dear Future may expire or revoke a link where:
- The Message has been delivered;
- The Order is cancelled;
- The Recipient objects;
- A security concern exists;
- The link has been used;
- The access period has ended;
- Excessive failed access attempts occur; or
- Dear Future is legally required to do so.
A replacement link may require identity verification.
48. Successful delivery
A Call may be treated as successfully delivered where:
- The intended Recipient completes the Confirmation Step; and
- The personal Message is substantially played.
Online delivery may be treated as successful where:
- The Recipient accesses the protected Online Listening Page; and
- The personal Message is substantially played or made available in accordance with
the selected service.
Dear Future does not guarantee that the Recipient:
- Listened attentively;
- Understood the Message;
- Heard every word;
- Remained alone;
- Agreed with the Message; or
- Experienced the intended emotional result.
49. Completion after three Attempts
Where Dear Future makes the permitted three Attempts in accordance with these Terms, the
Call service may be treated as performed even where the Recipient:
- Does not answer;
- Declines the Call;
- Does not press 1;
- Hangs up;
- Does not reschedule;
- Does not open the email;
- Does not use the Online Listening Page; or
- Cannot be reached for reasons outside Dear Future’s reasonable control.
The Message may then be retained for the failed-delivery period described in the Privacy
Policy.
Mandatory consumer remedies remain unaffected where the failure was caused by Dear
Future.
50. Failed delivery retention
Where delivery is unsuccessful, Dear Future may retain the Message and necessary
Delivery Details for up to twelve months after the intended Delivery Date.
During that period, Dear Future may:
- Investigate the failure;
- Respond to the Customer;
- Process an authorised rescheduling request;
- Provide secure online listening;
- Handle a complaint;
- Offer an alternative; or
- Complete a discretionary additional attempt.
Dear Future is not required to continue attempting delivery indefinitely.
51. Successful delivery retention
After successful telephone or online delivery, Dear Future may retain the Message for up to
ninety days.
The retention period allows Dear Future to:
- Resolve technical disputes;
- Investigate a complaint;
- Confirm delivery status;
- Restore access following a technical error; and
- Complete deletion workflows.
Earlier deletion may be requested, subject to lawful retention requirements.
52. Bird data processing
Bird may process information needed to route and administer the Call, including:
- Recipient telephone number;
- Caller ID;
- Call time;
- Call duration;
- Call status;
- Carrier and destination information;
- Signalling and routing information;
- DTMF input;
- Technical diagnostics; and
- Temporary access to the audio required for playback.
Dear Future will not instruct Bird to use the private Message for unrelated marketing or
general AI training.
53. Bird retention
Bird’s published data-protection materials currently state that a default six-month retention
period applies to communication content and traffic data within its SMS and Voice services.
Certain Flow records can also have a six-month default unless a different supported
retention setting is configured.
Dear Future will seek to:
- Minimise the information supplied to Bird;
- Avoid enabling Call recording;
- Use temporary audio access;
- Configure shorter retention where supported and appropriate;
- Delete Dear Future-controlled temporary copies promptly; and
- Reflect Bird’s actual contractual retention in the Privacy Policy.
Bird, carriers or authorities may retain limited telecommunications records for longer where
legally required.
54. Call logs
Dear Future may retain Call logs containing:
- Internal Order ID;
- Internal Message ID;
- Attempt number;
- Call start and end time;
- Destination country;
- Status;
- Confirmation result;
- Playback result;
- Duration;
- Error category;
- Rescheduling status;
- Online listening status; and
- Complaint or opt-out status.
Dear Future will seek to avoid including:
- The substantive Message;
- Full unnecessary contact details;
- Encryption keys;
- Permanent audio links;
- Full access tokens; or
- Unrelated personal information
in routine operational logs.
55. Sensitive content
Before confirming the Message, the Customer will be shown a warning that the audio may
contain deeply personal information.
The Customer must not include sensitive personal information about another person unless
legally permitted.
The Customer must consider that:
- A shared telephone may be answered by someone else;
- Another person may falsely press 1;
- The Recipient may use a speaker;
- The Recipient may share the secure link;
- Telecommunications networks cannot guarantee perfect confidentiality; and
- Another person could externally record the audio.
Dear Future may refuse a Call where the privacy risk is disproportionate.
56. Content rights
The Customer retains any intellectual-property rights they hold in the audio.
The Customer grants Dear Future and its Service Providers a limited licence to:
- Store the audio;
- Encrypt it;
- Make backups;
- Convert it;
- Validate it;
- Create a temporary playback copy;
- Provide it to Bird for the Call;
- Play it to the Recipient;
- Provide secure online access;
- Investigate technical or legal issues; and
- Complete the selected service.
The licence does not permit unrelated commercial use.
57. Voices of other people
The Customer must not include another person’s voice unless:
- That person agreed to be recorded and included;
- The recording was otherwise lawfully made and used; or
- Another valid legal basis exists.
The Customer must not:
- Secretly record a private conversation where unlawful;
- Impersonate another person;
- Use a cloned or synthetic voice without lawful authority;
- Mislead the Recipient about who is speaking; or
- Include unlawfully obtained audio.
Dear Future may request evidence of the speaker’s permission.
58. Artificial or synthetic voices
The Customer must not use a synthetic, cloned or generated voice to impersonate a real
person without that person’s valid permission or another lawful basis.
The Customer must not use artificial audio to:
- Commit fraud;
- Mislead the Recipient;
- Create false admissions;
- Make false threats;
- Manipulate an election;
- Damage a person’s reputation;
- Circumvent consent requirements; or
- Falsely suggest endorsement.
Dear Future may require disclosure that a voice is artificial or altered.
59. Prohibited content
The Call service must not be used for:
-
Threats;
-
Harassment;
-
Stalking;
-
Intimidation;
-
Blackmail;
-
Extortion;
-
Fraud;
-
Phishing;
-
Impersonation;
-
Hate or unlawful discrimination;
-
Incitement to violence;
-
Sexual exploitation;
-
Sexual material involving minors;
-
Unlawful disclosure of private information;
-
Unlawful recordings;
-
Copyright infringement;
-
Malware or harmful audio payloads;
-
Emergency instructions;
-
Medical directions requiring timely action;
-
Legal notices;
-
Debt collection;
-
Advertising;
-
Political campaigning;
-
Repeated unwanted contact;
-
Circumvention of a no-contact request; or
-
Any unlawful purpose.
60. Emergency and high-risk content
Dear Future must not be used to communicate:
- A suicide warning;
- A threat of imminent violence;
- Urgent medical information;
- Emergency evacuation information;
- A confession requiring immediate action;
- Time-sensitive safety instructions;
- A child-protection emergency;
- Instructions concerning urgent financial transactions; or
- Any Message where delay could foreseeably cause serious harm.
The Customer must use an appropriate immediate emergency or professional channel.
Dear Future may access, pause or disclose limited information where reasonably necessary
to address a credible and serious threat and where legally permitted.
61. Human access
Dear Future does not routinely listen to private audio Messages.
Authorised personnel or Service Providers may access limited audio where reasonably
necessary for:
- Technical support;
- File conversion;
- Call delivery;
- Audio troubleshooting;
- Security;
- Investigation of a complaint;
- Investigation of prohibited use;
- Legal compliance; or
- Protection against a credible serious threat.
Access should be restricted according to role and need.
62. No secondary use
Dear Future will not use private Call content for:
- Advertising;
- Targeted marketing;
- Marketing profiles;
- Behavioural profiling;
- Assessment of the Customer or Recipient;
- Sale to data brokers;
- Rental to advertisers;
- General-purpose AI training;
- Voice-biometric identification; or
- Unrelated marketing to the Recipient.
Dear Future may use limited technical information for:
- Call routing;
- File validation;
- Fraud prevention;
- System performance;
- Security;
- Complaints; and
- Legal compliance.
63. Telephone, roaming and data charges
Dear Future charges the Customer the price shown during checkout.
The Recipient’s own provider may impose ordinary:
- Incoming Call charges;
- Roaming charges;
- Mobile-data charges;
- Internet charges;
- Email-access charges; or
- International service charges.
Dear Future does not control or receive those third-party charges.
Dear Future may refuse or adapt Calls where there is a material risk of unusually high
Recipient charges.
64. Cancellation within fourteen days
The Customer may cancel within fourteen days after Order acceptance in accordance with
the Global Terms and Cancellation and Withdrawal Policy.
During this period:
- A full refund is normally provided;
- No Call Attempt will intentionally be made;
- The audio will not intentionally be submitted to Bird for delivery;
- Future delivery will be cancelled;
- Active Message and Delivery Details will be scheduled for deletion; and
- Legally required records may be retained.
The Customer may not replace the audio after payment.
65. Cancellation after fourteen days
After fourteen days, the Customer may still:
- Cancel the future Call;
- Stop remaining Attempts;
- Request deletion of the audio;
- Request deletion of Delivery Details; and
- Close the Order.
No additional cancellation fee is charged.
Unless required by law or caused by Dear Future’s failure, no refund is normally due after
the fourteen-day period.
66. Cancellation close to delivery
Dear Future will attempt to stop a Call where a cancellation is received before the Attempt
begins.
Dear Future cannot guarantee cancellation of:
- An Attempt already submitted to Bird;
- A Call already ringing;
- A connected Call;
- An email already sent; or
- Temporary information already processed by a telecommunications provider.
A valid opt-out or Recipient complaint will be acted upon as quickly as reasonably possible.
67. Recipient complaints
A Recipient may contact:
info@dearfuture.ink
to:
- Deny giving permission;
- Withdraw permission;
- Stop future Attempts;
- Report a wrong number;
- Report a wrong email address;
- Report harassment;
- Report a no-contact restriction;
- Report impersonation;
- Request deletion;
- Report that another person received the Call; or
- Make a privacy complaint.
A complaint will normally pause all remaining Attempts while Dear Future reviews the matter.
68. Complaint investigation
Dear Future may:
- Verify the Recipient’s identity;
- Pause the Order;
- Ask the Customer for evidence;
- Review the Customer’s declaration;
- Review limited Call logs;
- Review limited audio where necessary;
- Correct or delete Delivery Details;
- Add a suppression record;
- Cancel the Call;
- Restrict the Customer’s account;
- Delete the Message;
- Consult legal advisers; or
- Notify a competent authority where required.
Dear Future will seek to avoid revealing the private Message before delivery unless
reasonably necessary or legally required.
69. Suppression list
Where a Recipient asks not to receive further Calls, Dear Future may retain a limited
suppression record.
The record may contain:
-
A hashed or protected telephone number;
-
A hashed or protected email address;
-
The prohibited contact method;
-
The request date;
-
The scope of the restriction; and
-
Limited compliance information.
The suppression record may be retained for as long as reasonably necessary to avoid
contacting the person again.
70. Customer cooperation
The Customer must cooperate reasonably where Dear Future investigates:
- Consent;
- Permission;
- A wrong number;
- A complaint;
- Harassment;
- Impersonation;
- A payment dispute;
- A security incident;
- A legal restriction; or
- Prohibited content.
Failure to cooperate may result in suspension, cancellation or account restriction.
71. Carrier blocking and spam classification
A telecommunications provider or device may:
- Block the Call;
- Mark it as spam;
- Silence it;
- Reject the Caller ID;
- Redirect it;
- Require registration;
- Restrict the route; or
- Terminate the Call.
Dear Future does not control carrier spam-detection systems.
Dear Future may:
- Change Caller ID;
- Change route;
- Replace Bird;
- Postpone the Attempt;
- Use secure online listening;
- Request another number; or
- Cancel the Call.
A carrier block does not automatically mean that Dear Future breached the agreement.
72. Email-delivery failure
The fallback email may fail because:
- The address is incorrect;
- The mailbox is full;
- The message is marked as spam;
- The Recipient blocked the sender;
- The email provider rejected it;
- The domain no longer exists; or
- The Recipient does not open it.
Dear Future may attempt another service email but does not guarantee email receipt.
The Customer is responsible for providing a valid Recipient email address.
73. Bird or provider outage
Where Bird or another critical provider experiences an outage, Dear Future may:
- Postpone the Attempt;
- Move it to another day;
- Use another route;
- Replace the provider;
- Offer secure online listening;
- Offer another delivery method;
- Extend the failed-delivery period;
- Cancel the Call; or
- Provide an appropriate remedy.
A temporary provider outage does not automatically constitute a breach where Dear Future
takes reasonable steps to continue the service.
74. Replacement of Bird
Dear Future may replace Bird with another telecommunications provider where reasonably
necessary because of:
-
Service discontinuation;
-
Coverage;
-
Compliance;
-
Reliability;
-
Security;
-
Cost;
-
Caller ID availability;
-
Country availability;
-
Business continuity; or
-
Technical compatibility.
The replacement provider must be reasonably capable of performing the core purchased
service.
Dear Future will seek appropriate privacy, security and contractual protections.
75. Customer-caused failure
Dear Future is not responsible for a failure caused exclusively by:
- An incorrect number;
- An incorrect email address;
- Failure to update Delivery Details;
- A reassigned number;
- A shared number;
- Recipient withdrawal;
- A no-contact restriction;
- The Recipient’s device;
- The Recipient hanging up;
- Failure to press 1;
- Failure to reschedule;
- Failure to use online listening;
- Customer breach;
- Missing permission; or
- Another Customer act or omission.
This does not exclude Dear Future’s responsibility for its own breach, negligence or
non-excludable legal obligations.
76. Provider-caused failure
Dear Future will not disclaim all responsibility merely because Bird or a carrier was involved.
Where a provider failure materially affects the service, Dear Future may:
- Investigate;
- Repeat an Attempt;
- Reschedule;
- Replace the provider;
- Offer online listening;
- Offer another delivery method;
- Provide credit;
- Provide a partial or full refund; or
- Offer another appropriate remedy.
The appropriate remedy depends on:
- The cause;
- The number of Attempts already made;
- Whether the Message was otherwise made available;
- Work already performed;
- Mandatory consumer law; and
- The circumstances of the Order.
77. Delivery Date limitations
The Delivery Date is a target for beginning or completing the Call process.
Dear Future does not guarantee:
- Connection on an exact minute;
- Connection on the first Attempt;
- That the Recipient will be available;
- That the Recipient will press 1;
- That a carrier will accept the Call;
- That the Caller ID will be recognised;
- That the Recipient will hear the Message on the selected date; or
- That rescheduling will occur immediately.
The Customer must not rely on the Call for urgent, emergency or legally significant
communication.
78. Liability
The liability provisions in the Global Terms apply to the Call service.
Nothing excludes liability that cannot lawfully be excluded.
Subject to mandatory law, Dear Future is not liable for:
- Emotional disappointment caused solely by an unanswered Call;
- Failure by the Recipient to listen;
- A changed or reassigned telephone number;
- Another person falsely pressing 1;
- A shared telephone;
- Carrier spam classification;
- A device blocking unknown Calls;
- Ordinary network degradation;
- Consequences of using the Call for an urgent or legally significant purpose;
- Customer failure to obtain permission; or
- Indirect loss that was not reasonably foreseeable.
79. Customer responsibility for claims
To the extent permitted by law, the Customer is responsible for reasonable losses and claims
caused by:
- A deliberately false Recipient declaration;
- Lack of legally required permission;
- Harassment;
- Intentional circumvention of a contact restriction;
- Unlawful audio;
- Voice impersonation;
- An unlawful recording;
- Intellectual-property infringement;
- Fraud;
- Commercial or political use contrary to these Terms; or
- Another intentional or negligent breach.
The Customer is not responsible for loss caused by Dear Future’s own breach, negligence
or unlawful conduct.
80. Force majeure
Dear Future is not responsible for delay or failure caused by circumstances outside its
reasonable control, including:
- Widespread telecommunications failure;
- Carrier outages;
- Internet failure;
- Power failure;
- War;
- Sanctions;
- Government restrictions;
- Natural disasters;
- Fire;
- Flood;
- Severe weather;
- Cyberattacks that could not reasonably have been prevented;
- Civil unrest;
- Regulatory intervention; or
- Emergency network restrictions.
Dear Future will take reasonable steps to preserve the Message and offer an alternative
where possible.
81. Business continuity
Because Calls may be scheduled years in advance, Dear Future may:
-
Migrate audio between storage systems;
-
Change technical formats;
-
Replace Bird;
-
Replace Caller ID;
-
Change the Confirmation Step;
-
Use another secure online delivery method;
-
Offer earlier delivery;
-
Offer export; or
-
Transfer the Order to a suitable successor.
Any replacement should preserve the core purpose of storing and delivering the personal
Message.
82. Business closure
If Dear Future plans to discontinue Calls, it may:
- Continue existing Calls;
- Transfer Calls to a suitable successor;
- Appoint another provider;
- Offer earlier delivery;
- Offer secure online listening;
- Offer secure export;
- Offer another delivery method;
- Cancel the Order; or
- Provide an appropriate full or partial refund.
Dear Future will not intentionally sell private Call content or Recipient contact information as
a standalone advertising, data-broker or AI-training asset.
Mandatory rights remain unaffected.
83. Privacy
Personal information is processed under the Global Privacy Policy and Recipient Privacy
Notice.
The Customer acknowledges that Call delivery requires limited processing by:
- Vercel;
- Bird;
- Resend;
- Telecommunications carriers;
- Email providers; and
- Other necessary Service Providers.
Dear Future will seek to disclose only the information necessary for the selected function.
84. Changes to these Call Service Terms
Dear Future may update these Terms for future Orders.
The version accepted at the time of the Order will normally continue to govern that Order.
A later change may apply where:
- Required by law;
- Necessary for security;
- Necessary to comply with a carrier;
- Necessary to replace Bird;
- Necessary to preserve delivery;
- The change does not materially disadvantage the Customer; or
- The Customer agrees.
Material changes affecting an existing Call will be communicated where reasonably possible.
85. Contact
Questions, corrections, complaints, consent withdrawals and opt-outs may be sent to:
Dear Future BV/SRL
Belgium
Email: info@dearfuture.ink