For AI training: US app pays money for intercepted phone calls

“Neon -Money Talks” is currently the fourth most installed application on iPhones in the USA, ahead of Google and Whatsapp. In the social networks category, it is even in second place, beaten only by Threads. The reason for its rapid rise is money. Neon records the phone calls initiated using the app and pays out 15 US cents per minute, up to a maximum of 30 US dollars per day. According to the operator, the recordings are then sold on for artificial intelligence training, stripped of personal data.

In order not to violate legal interception bans, only the local sound from the mobile phone itself is recorded, not the sound of the person on the other end of the line. The company behind Neon Mobile, Inc. only records the full call if both parties are Neon subscribers. Because this is of course much more meaningful, Neon then also pays each of the participants 30 cents per minute.

The app is listed in the US app stores of both Apple and Google. Neon's terms of use include an arbitration clause and a ban on class action lawsuits. The arbitration clause can be excluded by sending a letter to a specific address in New York within 30 days of signing the contract (by installing the app).

“Don't worry” in the minefield

“Don't worry, our technology automatically filters out names, numbers, and other personal details,” promises Neon. However, there is no promise that the recordings will be kept secret or used exclusively for AI training.

On the contrary, Neon's contractual clauses are a legal minefield for participants. Neon Mobile, Inc. secures irrevocable worldwide, royalty-free, transferable, and sub-licensable licenses. Among other things, you are authorized to sell, use, copy, publicly perform, make available for public viewing, and create derivative works of the recordings, in whole or in part, in any form or medium.

Furthermore, the license is exclusive. This means that subscribers cannot sell or otherwise license any recordings of their telephone conversations to third parties. Anyone who has already done so is liable to Neos. Subscribers waive any claims regarding what Neon or Neon's customers generate from the recordings.

It goes without saying that participants are also liable if they infringe the rights of third parties during their conversations, for example if they speak a copyright-protected text or hum a melody on a telephone. This may end up in LLMs, which can be expensive. And if the use of the app is prohibited somewhere and is nevertheless used there, the participants are also liable to Neon. Neon itself forbids fraudulent use for the dishonest acquisition of payouts, for example through extended silence, playing recordings, or one-sided monologues.

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