These Product-Specific Terms are incorporated by reference into the Agreement. All terms not defined herein retain the meaning in the Agreement. 

Hearsay may update these Product-Specific Terms from time to time in its sole discretion. Hearsay will provide Customers with notice of any material updates at least thirty (30) days in advance, unless such material updates result from changes in laws, regulations, or as required by Hearsay’s External Service(s) and Thirty-Party Carrier providers.

Hearsay Social

1. External Services. For Hearsay Social, the External Services include all social media networks with which the Hearsay Social Services integrate. Hearsay reserves the right to modify or change the External Services in accordance with the procedures established in Section 2.5 of the Agreement (External Service Dependencies).

2. License Definition.  The total number of Licenses for Services may exceed the total number of Users of the Services (i.e., a single User may be allocated multiple Licenses).  Use of all Services is subject to the terms of the Agreement.  Licenses are sold on a per Service basis.  The definition of License is set forth as follows:
    
   A. For Hearsay Social, a “License” means a User that has access to the respective Service.  Access is conferred when an Administrator provides a log-in credential to a User.
   
   B. A single User must have a License to access a Service, and there is no requirement that a User have access to all licensed Services. For example, a User with access to the Hearsay Social App, the Hearsay Relate App, and the Hearsay Sites App will require three Licenses (one License per Service). A different User may only choose to license the Hearsay Social App and the Hearsay Relate App, and thus only require two Licenses.
   
   C. For Success Services, a “License” corresponds to any License for a Service.  The total number of Success Services Licenses is equal to the number of total Software Service Licenses.

3. Restrictions on Use.  In addition to the general restrictions on use as set forth in Section 4 (Customer’s Use of the Services) of the Agreement, when using Hearsay Social, Customer, including its Users, shall;
   A. refrain from modifying or altering the External Services to falsely imply association with the External Service;
   
   B. refrain from collecting, soliciting for, or otherwise using the login credentials of other External Service users;
   
   C. not permit integration of any User Data retrieved from LinkedIn APIs into any customer relationship management (“CRM”) application or solution (e.g., Salesforce, Microsoft Dynamics, SAP, Oracle or Siebel); 
   
   D. employ industry standard measures to protect the security of any stored User Data that is transmitted from the Service into Customer’s archival systems, but in no event shall employ security measures for User Data that is stored within Customer’s archival system which are at least as secure as those Customer uses to protect other sensitive information; and
   
   E. not transfer or provide stored User Data within Customer’s archival system to any third parties except to third parties under a duty of confidentiality or as required by a court or governmental authorities.

Hearsay Sites

1. External Services For Hearsay Sites, the “External Services” include third-party services used by Hearsay to deliver the Hearsay Sites Services. Hearsay reserves the right to modify or change the External Services in accordance with the procedures established in Section 2.5 (External Service Dependencies).

2. License Definition.  The total number of Licenses for Services may exceed the total number of Users of the Services (i.e., a single User may be allocated multiple Licenses).  Use of all Services is subject to the terms of the Agreement. Licenses are sold on a per Service basis. The definition of License is set forth as follows:
   
   A. For Hearsay Sites, a “License” means a single website (“Site(s)”). At minimum, each License for the Website Services must be associated with at least one User.  For example, multiple Users may have the ability to access and modify a single Site, or a single User may provision multiple Sites. 
   
   B. A single User must have a License to access a Service, and there is no requirement that a User have access to all licensed Services. For example, a User with access to the Hearsay Social App, the Hearsay Relate App, and the Hearsay Sites App will require three Licenses (one License per Service). A different User may only choose to license the Hearsay Social App and the Hearsay Relate App, and thus only require two Licenses.
   
   C. For Success Services, a “License” corresponds to any License for a Service. The total number of Success Services Licenses is equal to the number of total Software Service Licenses.

3. Restrictions on Use.  In addition to the general restrictions on use as set forth in Section 4 (Customer’s Use of the Services) of the Agreement, when using Hearsay Sites, Customer, including its Users, shall not engage in any of the following prohibited activity as required by the External Services.  In using the Hearsay Sites Services, Customer, including its Users, shall:
   
   A. not point Customer’s DNS (Domain Name System) away from Hearsay’s Hosting Services, or otherwise prevent Hearsay from providing the Services for Sites during the Term; and
   
   B. not display a privacy policy that has insufficient disclosures to the general public and its customers such that Hearsay’s performance of the Services would be legally impermissible.

Hearsay Relate 

1. External Services. For Hearsay Relate, the “External Services” include the Third-Party Carriers. Uniquely provisioned telephone numbers (including landline number), as well as any text message and voice calling telecommunication delivery services, shall be serviced by third parties. Hearsay is not a FCC-regulated telecommunications provider, and as such Licenses for Hearsay Relate are inclusive of the telecommunications fees that are passed on to the Customer at-cost. Hearsay Relate will not affect any voice services provided by the landline telecommunication provider.  Hearsay reserves the right to modify or change the External Services in accordance with the procedures established in Section 2.5 (External Service Dependencies).  

2. License Definition. The total number of Licenses for Services may exceed the total number of Users of the Services (i.e., a single User may be allocated multiple Licenses).  Use of all Services is subject to the terms of the Agreement.  Licenses are sold on a per Service basis. The definition of License is set forth as follows:
   
   A. For Hearsay Relate, a “License” means a User that has access to the respective Service. Access is conferred when an Administrator provides a log-in credential to a User.
   
   B. A single User must have a License to access a Service, and there is no requirement that a User have access to all licensed Services.  For example, a User with access to the Hearsay Social App, the Hearsay Relate App, and the Hearsay Sites App will require three Licenses (one License per Service). A different User may only choose to license the Hearsay Social App and the Hearsay Relate App, and thus only require two Licenses.
   
   C. For Success Services, a “License” corresponds to any License for a Service. The total number of Success Services Licenses is equal to the number of total Software Service Licenses.

3. Relate Transition Services. Provided that Customer is in compliance with the terms and conditions of the Agreement and all applicable Order Form(s), Hearsay will provide up to 10 hours of transition services at no cost to Customer solely to assist Customer with porting numbers assigned to Relate Users to a new telecommunications provider if Customer does not renew its Licenses to the Relate App at the end of the Order Form Term. Customer must notify Hearsay at least fourteen (14) days in advance of the expiration of the Order Form Term if it requires any such transition services.  

4. Relate Volume Limits.  Based on the number of Licenses purchased, Customer may initiate and/or receive a combined total of messages and minutes for incoming and outgoing calls through Hearsay Relate across all Users during each year of the Order Form Term (the “Annual Aggregate Relate Volume Limit”). The Annual Aggregate Relate Volume Limit is calculated by allocating a number of text messages per License per year and a number of minutes per License per year.  If the Annual Aggregate Relate Volume Limit of a Customer is exceeded Customer may purchase additional minutes and messages to increase the Annual Aggregate Relate Volume Limit. Any unused portion of the Annual Aggregate Relate Volume Limit will automatically expire at the end of the Order Form Term and will not carry forward to Renewal Order Form Terms. 

5. Restrictions on Use.  In addition to the general restrictions on use as set forth in Section 4 (Customer’s Use of the Services) of the Agreement, when using Hearsay Relate, Customer, including its Users, shall not engage in any of the following prohibited activity as required by the External Services. In using Hearsay Relate, Customer, including its Users, shall: 
   
   A. not use the Service in any illegal, abusive or other manner that interferes with the business or activities of any other party;
   
   B. when required, provide disclosure to third parties regarding the collection, processing, and storing of information by Hearsay through the Service that are consistent with Hearsay’s Privacy Policy located at https://hearsaysystems.com/company/legal/privacy-policy/;
   
   C. not submit multiple requests for a mobile telephone number or shall have an existing landline telephone number reconfigured in order to send and receive text message (SMS and MMS) communications.  Existing telephone numbers that already have text messaging capability (mobile, landline or otherwise) are not compatible with the Service; 
   
   D. when utilizing an existing landline telephone number, use a landline telephone number that is compatible with Hearsay’s Service at all times, and own the landline telephone number in question;
   
   E. not assert or claim intellectual property or other ownership right in the telephone number assigned to the User through the Service;     
   
   F. comply with all applicable federal, state, and local laws, rules, regulations, guidance and standards in using the Services. These , includeing, but are not limited to, the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, as amended (the “TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevent Act, 15 U.S.C. § 6101 et seq., CAN-SPAM Act of 2003, 15 U.S.C. §§ 7701- 7713 (the “CANSPAM Act”), the Children’s Online Privacy Protection Act (“COPPA”), and the Telemarketing Sales Rule, 16 C.F.R. Part 310 (the “TSR”), any rules and orders of the Federal Trade Commission, the Federal Communications Commission, the privacy, e-mail and telephone marketing laws of the several states that are not preempted by federal law, any federal and state laws governing consumer privacy and the collection, use, storage, and disclosure of consumer personal information, and any other regulatory body having jurisdiction over Customer’s business and the activities contemplated under this Agreement;
   
   G. not use the Service to communicate with individuals via Text Message or voice calls (unless the individual has consented in accordance with applicable law to receive communications from Customer);
   
   H. not use the Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which Customer has no preexisting business or personal relationship;
   
   I. not use the Services to collect responses from spam;
   
   J. not harvest, collect, gather or assemble information or data of Text Message or voice call recipients, including e-mail addresses, without their consent;
   
   K. not use the Service to send unwanted text messages or voice calls to individuals who have asked to stop receiving communications through any medium. To the extent required by applicable law, Customer must track and record all such requests specific to Customer’s business. Via Customer’s publicly available policy regarding the terms of use of text messaging services, Customer must also provide recipients of those MMS/SMS messages sent via the Services with conspicuous notice of their ability to opt-out from receiving any future text messages, by texting STOP in a stand-alone message with no additional characters or punctuation;
   
   L. not use the Services for, or in connection with sending pyramid schemes, chain letters, any mail in contravention of the CAN SPAM Act of 2003 or other applicable state or federal laws and regulations, or using false or misleading subject lines or header information, altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender;
   
   M. ensure that the following information is disclosed truthfully, promptly, and in a clear and conspicuous manner during calls: (a) that the call is made by Customer and (b) the purpose of the call;
   
   N. give proper notice to individuals that the recording will occur, if calls made by Customer will be recorded;
   
   O. comply with all state and federal regulations regarding the time of day during which calls may be made; 
   
   P. follow FTC guidelines regarding call abandonment for all calls;
   
   Q. maintain procedures external to the Service in order to facilitate unsubscribe or opt-out functions in order for recipients to no longer receive email, Text Message or voice call communications.  Hearsay shall be notified of any revocations of consent through these external procedures within forty-eight (48) hours of Customer’s receipt of the revocation notice; and 
   
   R. honor any and all revocations of consent by a recipient within seventy-two (72) hours of receipt.
   ‍
   S. Obtain valid and legal consent prior to messaging any existing customer, prospect, or other contact via the telecommunications features available through Hearsay Relate; and
   
   T. Maintain the currency of such consents and refreshing consents as needed to comply with local, state or federal mobile telephony regulations that come into effect as of the Effective Date of this Agreement and thereafter; and
   
   U. Utilize the Do Not Call and Approved to Call integration that can integrate Hearsay Relate App with Customer’s data sets or utilize some other mechanism to ensure compliance with F herein.

6. Additional Terms.
   A. Landline Numbers. Should Customer make a change to its landline telephone number service in a manner that the Service is no longer compatible with provisioned telephone numbers or loses ownership of the telephone number, Hearsay may, at its discretion, continue to provide the Service to Customer by provisioning new unique mobile telephone numbers for Customer to use the Service.  Hearsay may request that Customer produce evidence of ownership of a provisioned landline telephone number at any time. Failure to produce evidence of ownership in a timely manner will result in provisioning a unique mobile telephone number, or suspension or termination of use of Hearsay Relate.
   
   B. Number Reclamation.  Subject to this Hearsay Relate Product-Specific Terms, Hearsay reserves the right to reclaim the telephone number provided to User after User either discontinues use of Hearsay Relate, User violates any restrictions on use, or Customer terminates the Agreement. On a case-by-case basis, Customer or User may submit to Hearsay a request to “port” or transfer the assigned telephone number to another carrier (AT&T, T-Mobile, etc.) or to port or transfer an existing telephone number to the Hearsay Relate system. Where possible, Hearsay shall accommodate the porting request, but cannot guarantee or otherwise ensure that such porting is possible. Additional fees may apply to any porting of an assigned telephone number.
   
   C. Private Carrier.  Users of the Hearsay Relate App must have an existing plan with a telecommunications service provider such as Verizon, T-Mobile, or AT&T, in order to make and receive voice calls using the Hearsay Relate App interface. Customer acknowledges that Hearsay is not a publicly available telecommunications service provider and only offers the Hearsay Relate App services via the existing network plans of Customer’s Users. Customer further acknowledges that Hearsay Relate directly uses the minutes under Users’ existing network plans and that Users will be responsible for any additional fees incurred for data usage using Hearsay Relate.  Hearsay is not responsible for any service outage, interruptions, or degradations related to Users’ existing network plans.
   
   D. No Emergency Calls. Customer acknowledges that the Hearsay Relate Services DO NOT include the ability to make E911/911 calls. Users may continue to make such calls using their pre-existing network phone service.