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DNCSolution Heroku Addon

Default

Agreement

Production

<h3 class="slate-h3 " >Trial Agreement </h3><h4 class="slate-h4 " >Trial Services Provided</h4><h4 class="slate-h4 " >Services and Data for Evaluation Only</h4><p class="slate-p " >Customer agrees that all Services received under this Trial Agreementare for evaluation purposes only and will not be used for any production purpose. Customer further agrees andacknowledges that all data used as part of this trial period should be considered test data (“Test Data”). Provider makes no warranties with respect to Test Data.</p><h4 class="slate-h4 " >DNCSolution Heroku Add-on</h4><p class="slate-p " >A special purpose API set for Do Not Contact (DNC) compliance will be made available through an add-on to Salesforce’s Heroku platform to facilitate the call and text services further detailed below (the “Services”).i. Call and Text – The APIs will support real time statusing for calling or messaging a phone number at a moment in time based on Area Code, and/or the known State of Residence. </p><p class="slate-p " >For the purpose of this trial, the following scrub capabilities will be utilized to provide a current contact status for a phone number:</p><ul class="slate-ul " ><li class="slate-li " ><div style="position:relative">US National Do Not Call Registry</div></li><li class="slate-li " ><div style="position:relative">Default State Lists</div></li><li class="slate-li " ><div style="position:relative">Includes Wireless Status and Call Curfew Information</div></li></ul><p class="slate-p " >Upon Customer’s migration to a <strong class="slate-bold">custom plan</strong>, and execution of an enterprise agreement, the following additional capabilities may be made available:</p><ul class="slate-ul " ><li class="slate-li " ><div style="position:relative">Internal Do Not Contact List Management</div></li><li class="slate-li " ><div style="position:relative">Canadian Do Not Call Registry</div></li><li class="slate-li " ><div style="position:relative">Existing Business Relationships (EBR)</div></li><li class="slate-li " ><div style="position:relative">Premium Filters (including Wireless status)</div></li><li class="slate-li " ><div style="position:relative">Litigator List</div></li><li class="slate-li " ><div style="position:relative">Reassigned Numbers Database (RND)</div></li><li class="slate-li " ><div style="position:relative">State and National Call Curfew Windows</div></li><li class="slate-li " ><div style="position:relative">State of Emergency and Holiday</div></li><li class="slate-li " ><div style="position:relative">Do Not Email (DNE)</div></li></ul><h4 class="slate-h4 " >Access to the Services</h4><p class="slate-p " >“Authorized Users” are employees or agents of Customer who may access and use the Services pursuant to the terms of this Trial Agreement.</p><p class="slate-p " >For the Trial Agreement – One (1) user ID will be provided. </p><h4 class="slate-h4 " >Limitations</h4><p class="slate-p " >A maximum of 1,000 API calls with a maximum of 500 phone numbers per call.</p><div style="width:100%;
	min-width:100%;" class="callout-widget" data-type=info ><div class="callout-icon"><svg width="20" height="20" viewBox="0 0 20 20" fill="none" xmlns="http://www.w3.org/2000/svg"><path d="M10.0628 14.1676C10.2434 14.1676 10.3927 14.1086 10.5107 13.9905C10.6288 13.8725 10.6878 13.7232 10.6878 13.5426V9.77177C10.6878 9.6051 10.6253 9.46274 10.5003 9.34469C10.3753 9.22663 10.2295 9.1676 10.0628 9.1676C9.88227 9.1676 9.73296 9.22663 9.61491 9.34469C9.49685 9.46274 9.43783 9.61205 9.43783 9.7926V13.5634C9.43783 13.7301 9.50033 13.8725 9.62533 13.9905C9.75033 14.1086 9.89616 14.1676 10.0628 14.1676ZM10.0003 7.62594C10.1948 7.62594 10.358 7.56344 10.4899 7.43844C10.6219 7.31344 10.6878 7.15371 10.6878 6.95927C10.6878 6.76482 10.6219 6.59816 10.4899 6.45927C10.358 6.32038 10.1948 6.25094 10.0003 6.25094C9.80588 6.25094 9.64269 6.32038 9.51074 6.45927C9.3788 6.59816 9.31283 6.76482 9.31283 6.95927C9.31283 7.15371 9.3788 7.31344 9.51074 7.43844C9.64269 7.56344 9.80588 7.62594 10.0003 7.62594ZM10.0003 18.3343C8.81977 18.3343 7.72255 18.1225 6.70866 17.6989C5.69477 17.2752 4.81283 16.6884 4.06283 15.9384C3.31283 15.1884 2.72602 14.3065 2.30241 13.2926C1.8788 12.2787 1.66699 11.1815 1.66699 10.0009C1.66699 8.83427 1.8788 7.74399 2.30241 6.7301C2.72602 5.71621 3.31283 4.83427 4.06283 4.08427C4.81283 3.33427 5.69477 2.74399 6.70866 2.31344C7.72255 1.88288 8.81977 1.6676 10.0003 1.6676C11.167 1.6676 12.2573 1.88288 13.2712 2.31344C14.285 2.74399 15.167 3.33427 15.917 4.08427C16.667 4.83427 17.2573 5.71621 17.6878 6.7301C18.1184 7.74399 18.3337 8.83427 18.3337 10.0009C18.3337 11.1815 18.1184 12.2787 17.6878 13.2926C17.2573 14.3065 16.667 15.1884 15.917 15.9384C15.167 16.6884 14.285 17.2752 13.2712 17.6989C12.2573 18.1225 11.167 18.3343 10.0003 18.3343ZM10.0003 17.0843C11.9448 17.0843 13.6114 16.3898 15.0003 15.0009C16.3892 13.612 17.0837 11.9454 17.0837 10.0009C17.0837 8.05649 16.3892 6.38982 15.0003 5.00094C13.6114 3.61205 11.9448 2.9176 10.0003 2.9176C8.05588 2.9176 6.38921 3.61205 5.00033 5.00094C3.61144 6.38982 2.91699 8.05649 2.91699 10.0009C2.91699 11.9454 3.61144 13.612 5.00033 15.0009C6.38921 16.3898 8.05588 17.0843 10.0003 17.0843Z" fill="#3960B4"></path></svg></div><div ><p class="slate-p " >The API tiers and user allotment will be determined on a case-by-case basis for custom plans.</p></div></div><h4 class="slate-h4 " >Term</h4><p class="slate-p " >The Term of this Trial Agreement shall be sixty days (60) days from the activation of the Heroku add-on</p><h4 class="slate-h4 " >License and Proprietary Rights</h4><p class="slate-p " >Subject to the terms and conditions of this Trial Agreement, Provider (i) agrees to provide Customer the Services; and (ii) grants to Customer, during the term of this Trial Agreement, a limited, nontransferable, nonexclusive license for the Authorized Users to use the Services solely to support Customer&apos;s evaluation of the Services. Customers hereby grants Provider the right to use, copy, modify, manipulate and create derivative works of the Test Data as necessary in order to perform the Services.</p><p class="slate-p " >Except as expressly permitted herein, neither Customer nor the Authorized Users shall, directly or indirectly, (1) license, sell, redistribute, lease or otherwise transfer or assign any of the Services (2) alter or permit a third party to alter any part of the Services (3) use the Services for the benefit of any third party (4) permit any third party, other than an Authorized User with appropriate access authority, to access or use the Services (5) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Services; (6) use the Services on equipment in contravention of any specifications or instructions of Provider with respect thereto; (7) use the Services for any unlawful purpose. Customer shall be liable for any breach of this Trial Agreement by an Authorized User.</p><h4 class="slate-h4 " >Confidentiality</h4><p class="slate-p " >Each party agrees to safeguard and hold confidential from disclosure to any person or organization, except a person or organization approved by the other party in its sole discretion, all information that a party receives directly or indirectly from the other party in connection with this Trial Agreement, herein referred to as “Confidential Information”. The use of such Confidential Information by each party shall be limited to the purpose(s) specified in this Trial Agreement. Confidential Information subject to this Section shall not include information which is, or becomes part of, the public domain (other than by an act or omission of the receiving party) or which is or becomes known to a receiving party internally (other than through such party’s receipt of Confidential Information hereunder) or becomes known to the receiving party from third parties not under an obligation of confidence.</p><h4 class="slate-h4 " >Provider Termination</h4><p class="slate-p " >Provider may, at its sole discretion, terminate access to the services without notice.</p><h4 class="slate-h4 " >Provider Warranties</h4><p class="slate-p " >No warranties of any kind, whether express or implied, are provided under this Trial Agreement and all Services hereunder are provided on an “AS IS” basis.</p><h4 class="slate-h4 " >Limit to Liability</h4><p class="slate-p " >TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR DIRECT DAMAGES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR PROPERTY ARISING FROM ANY CLAIMS WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT TORT), OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THIS TRIAL AGREEMENT, EVEN IF THE OTHER PARTY, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.  
</p><p class="slate-p " ></p>

Customer agrees that all Services received under this Trial Agreementare for evaluation purposes only and will not be used for any production purpose. Customer further agrees andacknowledges that all data used as part of this trial period should be considered test data (“Test Data”). Provider makes no warranties with respect to Test Data.

A special purpose API set for Do Not Contact (DNC) compliance will be made available through an add-on to Salesforce’s Heroku platform to facilitate the call and text services further detailed below (the “Services”).i. Call and Text – The APIs will support real time statusing for calling or messaging a phone number at a moment in time based on Area Code, and/or the known State of Residence. 

For the purpose of this trial, the following scrub capabilities will be utilized to provide a current contact status for a phone number:

, and execution of an enterprise agreement, the following additional capabilities may be made available:

“Authorized Users” are employees or agents of Customer who may access and use the Services pursuant to the terms of this Trial Agreement.

For the Trial Agreement – One (1) user ID will be provided. 

A maximum of 1,000 API calls with a maximum of 500 phone numbers per call.

The Term of this Trial Agreement shall be sixty days (60) days from the activation of the Heroku add-on

Subject to the terms and conditions of this Trial Agreement, Provider (i) agrees to provide Customer the Services; and (ii) grants to Customer, during the term of this Trial Agreement, a limited, nontransferable, nonexclusive license for the Authorized Users to use the Services solely to support Customer's evaluation of the Services. Customers hereby grants Provider the right to use, copy, modify, manipulate and create derivative works of the Test Data as necessary in order to perform the Services.

Except as expressly permitted herein, neither Customer nor the Authorized Users shall, directly or indirectly, (1) license, sell, redistribute, lease or otherwise transfer or assign any of the Services (2) alter or permit a third party to alter any part of the Services (3) use the Services for the benefit of any third party (4) permit any third party, other than an Authorized User with appropriate access authority, to access or use the Services (5) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Services; (6) use the Services on equipment in contravention of any specifications or instructions of Provider with respect thereto; (7) use the Services for any unlawful purpose. Customer shall be liable for any breach of this Trial Agreement by an Authorized User.

Each party agrees to safeguard and hold confidential from disclosure to any person or organization, except a person or organization approved by the other party in its sole discretion, all information that a party receives directly or indirectly from the other party in connection with this Trial Agreement, herein referred to as “Confidential Information”. The use of such Confidential Information by each party shall be limited to the purpose(s) specified in this Trial Agreement. Confidential Information subject to this Section shall not include information which is, or becomes part of, the public domain (other than by an act or omission of the receiving party) or which is or becomes known to a receiving party internally (other than through such party’s receipt of Confidential Information hereunder) or becomes known to the receiving party from third parties not under an obligation of confidence.

Provider may, at its sole discretion, terminate access to the services without notice.

No warranties of any kind, whether express or implied, are provided under this Trial Agreement and all Services hereunder are provided on an “AS IS” basis.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR DIRECT DAMAGES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR PROPERTY ARISING FROM ANY CLAIMS WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT TORT), OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THIS TRIAL AGREEMENT, EVEN IF THE OTHER PARTY, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

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