Branded Communication – INFORM®

Service Specific Terms

Last Updated: December 15, 2023

Version 1.3

These Service Specific Terms for Inform® (“INFORM Terms”) govern Customer’s use of the Services described below and are in addition to and incorporate by reference the First Orion Terms of Service located at https://firstorion.com/first-orion-customer-portal-terms-of-service/ (the “Terms”). Capitalized terms used but not defined in these Service Specific Terms will have the respective meanings assigned to them in the Terms. If you do not agree to these Service Specific Terms or any changes thereto, your sole remedy is to stop using the Services. Use of the Services after any changes shall constitute acceptance of the updated INFORM Terms.

1. Definitions. The following capitalized terms shall have the meanings set forth below.

1.1 API(s) – means any application program interfaces used by Client in connection with the Services.

1.2 Device – means the handset or other similar device that is able to show the Inform Display associated with an incoming call as a result of the Distribution.

1.3 Distribution – means the functionality or capability, whether provided by First Orion or a First Orion Distribution Partner, that allows for the delivery of an Inform Display to Devices.

1.4 Distribution Partner – means any third party that provides Distribution for branded calling.

1.5 INFORM® – means First Orion’s branded communication solution that allows customers to deliver enhanced call information with outbound calls made from calling party (A) numbers to called party (B) numbers supported by a Distribution Partner.

1.6 Inform Display – means the alpha-numeric caller name delivered to called parties for display on a Device through the use of the Services. The number of characters (including spaces) allowed for the Inform Display is based on the capability provided through the applicable Distribution channel.

1.7 Paired – means First Orion’s optional INFORM feature that authenticates INFORM calls before they terminate in the Distribution Partner network by creating a unique check key at the time of the INFORM call for the calling party (A) number and the called party (B) number pair based on information provided by Client.

1.8 Program – means First Orion’s optional feature that authenticates Inform calls before they terminate in the Distribution Partner network by creating a unique check key at the time of the Inform call for the calling party (A) number and the called party (B) number pair based on information provided by Customer via pre-call API. The use of Paired may require interaction with First Orion prior to enablement and may vary based on the applicable Distribution Partner.

2. Distribution. Unless otherwise set forth in the Order, all available Distribution will be enabled for INFORM branding by the Customer. The period of time required to onboard Customer for branding may vary based on the Distribution Partner.

3. Registration and Certification. Prior to branding calls using the Services, all Customers must have (i) completed the Registration process for the Customer and for the Customer’s A number(s) from which branded calls will be made and (ii) passed the Registration and Certification processes. See the Service Specific Terms for Registration/Basic Service and Business Certification. Delays in the Registration and/or Certification process may occur in the event validation requires a manual review process. Ongoing monitoring will be conducted during the term of the Order in order to confirm that validation is maintained.

4. Permitted Uses

4.1 Customer may use the Services to make calls for its own internal purposes by designating Customer’s business name as the Inform Display.

4.2 If and to the extent explicitly set forth in the Order, Customer may use the Services to make calls on behalf of other brands using the brand names of such enterprises as the Inform Display. Customer must have received First Orion’s approval in writing prior to setting up any Program on behalf of another brand or enterprise customer. Customer acknowledges and agrees that any entity Customer makes branded calls for is subject to vetting and approval by First Orion.

4.3 If and to the extent explicitly set forth in the Order, Customer may use the Services to make calls on behalf of its affiliate and subsidiary businesses or on behalf of its enterprise customers. Customer must notify First Orion prior to setting up any Program on behalf of a new affiliate or subsidiary entity or an enterprise customer. Customer acknowledges and agrees that any entity Customer makes branded calls for is subject to vetting and approval by First Orion.

5. Prepaid vs Postpaid Customers. First Orion offers the INFORM Services through prepaid and postpaid options. The following provisions apply to Customers purchasing through either a prepaid or postpaid option:

5.1 Prepaid Customers. If you sign up for one of our prepaid plans or subscriptions, your use of the INFORM Service is subject to these unique terms and features:
5.1.1 Your fees for the Services will be payable in advance, for the period following the date on which the plan was purchased (the “subscription period”). You can cancel at any time effective as the end of the current subscription period.
5.1.2 The Fees are inclusive of Taxes and include components for platform fees and branding your calls.
5.1.3 Your plan will have limitations on the number of A numbers that can be branded and the number of custom display names that can be used (these are platform fee components), and your plan will have a cap on the number of calls that can be branded during a monthly subscription period. Once you reach the cap on the number of calls that can be branded, branding of your calls will be stopped (i.e., there are no overages on volume or charges) or you will be able to upgrade to a higher plan (if available) and continue to brand calls or wait and start branding again on the first day of your next monthly subscription period.
5.1.4 You will be able to upgrade your plan at any time or downgrade your plan effective at the beginning of the next subscription period.

5.2 Postpaid Customers. If you are a postpaid Customer, your use of the INFORM Service is also subject to these unique terms and features:
5.2.1 Fees are payable in arrears based on the pricing in your Order.
Fees are exclusive of Taxes.

6. Customer Responsibilities

6.1 Customer agrees to comply with the Pass-Through Terms in connection with its use of the Services.

6.2 Program Requirements. Customer will:

• Create Programs
• Add/upload and assign the calling party (A) numbers
• Define the Inform Display and comply with First Orion’s Display Name guidelines, as those guidelines may be modified from time to time by First Orion in its sole discretion
• Establish the start date/time and end date/time for the Inform Display for each Program, such that the Inform Display will no longer be displayed on a Device after the end date/time has expired

7. First Orion Responsibilities

7.1 First Orion will make available reasonable education and training in order to facilitate Customer’s use of the Services which may be provided through online tutorials and/or instructions.

7.2 Customer support for INFORM will be available Monday – Friday from 8:00 a.m. – 5:00 p.m. Central Standard Time via Zendesk on the Customer Portal or at enterprisesupport@firstorion.com.

7.3 Reporting. First Orion will provide Customer with the standard reporting available in the Customer Portal at no additional charge. If included in the Order or as part of a prepaid subscription, First Orion will provide Advanced Analytics using Customer Data.

8. Additional Terms

8.1 The content of any Inform Display may be identified as inconsistent with or unacceptable for delivery using INFORM, including, but not limited to, those restrictions set forth in in the Acceptable Use Policy located at https://firstorion.com/acceptable-use-policy/. First Orion or its Distribution Partner(s) may reject an Inform Display or require that Customer make appropriate modifications. First Orion will promptly notify Customer in writing in such case.

8.2 If, in First Orion’s reasonable determination, Customer’s use of the Services violates the Acceptable Use Policy or causes material and demonstrable harm to First Orion, the Services, or other entities using the Services including Distribution Partners, First Orion may take all remedial actions it deems necessary, including suspending access to the Services. First Orion will provide Customer with notice of such suspension, including the reasons for suspension and any required corrective actions, as soon as reasonably practicable under the circumstances. Customer agrees to cooperate with First Orion in any investigation into any events that resulted in a suspension.

8.3 First Orion may impose additional restrictions and/or prohibitions on the use of the Services to the extent they are imposed on First Orion by a Distribution Partner or applicable law. First Orion will notify Customer of any such restrictions and/or prohibitions as soon as reasonably possible after receiving notice thereof. Customer agrees to comply with such restrictions.

8.4 First Orion may terminate all or a portion of the Services provided under the Order to the extent a third party Distribution Partner precludes or materially modifies First Orion’s ability to provide such Services. First Orion will provide notice of a termination under this section promptly upon becoming aware of the circumstances giving rise to the termination right.