Customer agrees to comply with the terms and conditions set forth below (the “Pass-Through Terms”), which are hereby incorporated by reference into the applicable branded calling services agreement (the “Agreement”), as these terms may be amended from time to time. To the extent any of the Pass-Through Terms conflict with the terms of the Agreement, the Pass-Through Terms shall govern. As used herein, “Services” means the services provided to Customer under the Agreement. The Pass-Through Terms may be updated from time to time upon reasonable notice, which may be provided to Customer at the contact information provided by Customer to First Orion or via the Customer Portal.
- Customer represents and warrants that Customer has sufficient rights, by ownership or otherwise, to use the A number(s) submitted by the Customer for registration and use with the Services. Customer agrees to promptly advise First Orion in writing (email being sufficient) when Customer no longer owns or has the right to use any such A number (which may include removal of the A number(s) from registration).
- Customer acknowledges and agrees that its right to access and use the Services is subject to the following conditions: (a) Customer represents and warrants that it lawfully owns or controls all A number from which it uses the Services; (b) Customer is responsible for, and assumes all risks and liability associated with, all acts and omissions of its users of the Services; and (c) Customer shall not, directly or indirectly: (i) attempt to decompile, reverse engineer, sell, transfer, assign, sublicense or otherwise provide third parties any rights to the Services, in whole or in part; (ii) circumvent or disable any security or other access controls of the Services; (iii) use the Services and/or any documentation provided hereunder for the purpose of developing a competitive product or service; or (iv) access or use the Services in any manner or for any purpose that (1) violates applicable law and regulation, including laws protecting consumer rights and individual privacy; or (2) infringes or misappropriates third party intellectual property or proprietary rights.
- Customer acknowledges that the Services are designed only to deliver a branded call experience to called parties and are not designed (nor may be used) to satisfy any legal or regulatory requirement applicable to Customer.
- Customer acknowledges that the Services may be suspended in their entirety, at an enterprise level, on a business caller profile level, or on an individual telephone number basis, at any time (i) for any known or suspected violation of these Pass-Through Terms and (ii) at the request of a carrier or OEM partner (to the extent branded calls terminate on such carrier or OEM partner-network).