Automation Messaging – SMS/MMS

Service Description

Automation Messaging – SMS/MMS allows a Customer to transmit, store and retrieve text messages (“SMS”) and multi-media messages (“MMS”) via Automation Smartflows, Engage and the APIs of the IntelePeer Communications Automation Platform (“CAP”) applications to messaging networks (“Messaging”). Text and multi-media messages can be routed between endpoints for cloud-based messaging services, wireless services or enterprises, which are able to send and receive messages.

This documentation will help you understand general function of Messaging and other product related details.

Diagram 1 – SMS/MMS

Messaging Definitions and Terms

Some terminology on messaging and media that make up our Messaging service:

1-way messaging – a service supporting only outbound (MT) SMS messages

2-way messaging – a service supporting both outbound (MT), as well as inbound (MO) messages

Alphanumeric Sender ID – Sender ID consisting of up to 11 upper- and lower-case ASCII characters and 0-9 digits which the customer is able to specify. Only supported for 1-way messaging in certain countries and on certain carriers. Alphanumeric Sender ID is not supported in the US or Canada.

FTEU (Free to End User) – Any program to which the subscriber of Customer opts-in, with the result that the subscriber receives MT messages for which they do not incur any premium or standard messaging charges from their wireless carrier. IntelePeer’s Customer incurs all messaging charges.

Long Code – A standard number (in the US this is a 10-digit DID or Toll-Free Number TFN) that can be used to send and receive messages from messaging devices once the Long Code is text-enabled

Messaging Device – Device which is capable of sending and receiving messages, such as a mobile phone

MO (Mobile Origination) Inbound – A message from a user that terminates to an IntelePeer Customer’s endpoint

MT (Mobile Termination) Outbound – A message that originates from an IntelePeer Customer and terminates to another user

PBX (Private Branch Exchange) – A telephone system that connects telephone extensions to the public telephone network and provides internal communication for a business

PSTN – The Public Switched Telephone Network (PSTN) is the aggregate of the world’s circuit-switched telephone networks that are operated by national, regional, or local telephony operators, providing infrastructure and services for public telecommunication. It’s also referred to as the Plain Old Telephone Service (POTS)

Random Short Code – A Short Code leased solely to 1 Customer consisting of randomly assigned digits

Short Code – A special 5 or 6 digit number, dedicated to a single customer, that supports both MT and MO messaging

SMS (Short Message Service) – Commonly referred to as a text message, is a way to send short, text-only messages to a Messaging Device. SMS uses standardized communication protocols to enable devices to exchange short text messages. A standard for telephony messaging systems that allows the transmission of text messages that include a limited number of text characters (e.g., 160 characters in the US)

SMS Router – Functions to control and direct traffic of SMS for delivery and receipt of messages

SMSC – A Short Message Service Center (SMSC) is a network element in the mobile telephone network. Its purpose is to store, forward, convert and deliver Short Message Service (SMS) messages

Switch Platform – A media gateway that connects a businesses’ phone system to the public telephone network

Text Messages – A message comprised of letters, numbers and/or other keyboard characters and is sent or received by a Messaging Device

Toll-Free Numbers (TFN) – telephone numbers with distinct thee-digit codes that can be text-enabled

Vanity Short Code – A Short Code leased solely to 1 Customer consisting of digits chosen by the Customer

Enablement

IntelePeer will grant Customer access to its IntelePeer Customer Portal, or the supporting application protocol interface (“API”), for Customer to enable its telephone numbers obtained from its Automation Services (“Messaging Enabled Numbers”), to send and receive any messages delivered via Messaging, and to track delivery analytics provided therein.

Message Retention Schedule

For messages transmitted via Messaging, IntelePeer will retain: (i) the messages in their entirety (message detail record and content) for no longer than thirty (30) days from successful processing to assist with addressing any support or technical issues; and (i) the message detail record for no longer than three (3) years (“Message Retention Schedule”). Notwithstanding the Message Retention Schedule, Customer will be solely responsible for retaining any messages or message detail records necessary to ensure its compliance with all applicable laws and with respect to international messaging, retaining affirmative election to engage in communications for a period of six (6) years.

Restrictions

To protect our network and connections with underlying providers for this Service, IntelePeer will employ throttling on outbound Messages consistent with industry standards and guidelines, as set forth at intelepeer.ai/products/documentation/sms/messaging-throttling. IntelePeer reserves the right to employ any other throttling measures, including without limitation restricting the number of messages per number per day, as IntelePeer deems necessary in its sole and reasonable discretion.

Restrictions – Short Codes

Customer may lease or migrate a Short Code pursuant to these terms. Given the nature of Short Codes, any of the governing terms may change from time to time without notice. Any lease for Short Codes will be set forth in the order, but under no circumstances will be less than a three (3) month Service Term, which auto-renews for an additional three (3) months, until either the Customer or IntelePeer provides notice to the other Party of its intent not to renew such Service Term at least thirty (30) days in advance of the scheduled expiration of the then-current Service Term.

Carriers may cancel assigned Short Codes, Alphanumeric Codes and Long Codes without notice due to inactivity for extended periods of time, which is generally ninety (90) days. If cancelled for inactivity, Customer must submit a new application, and pay all required set-up fees, leasing fees, carrier campaign filing registration fees, and submit all required carrier approval forms again. IntelePeer makes no assurances that the Short Code application from Customer will be accepted by the Carrier(s), or that any Carriers will maintain connectivity with IntelePeer for Short Codes.

IntelePeer may charge for applications or filings for short messaging service (“SMS”) Short Codes separately from those for multi-media messaging service (“MMS”), unless Customer notifies IntelePeer in writing at the time of the application or filing that the application or filing should be made together.

Restrictions – FTEU

At this time, IntelePeer does not support FTEU.

Restrictions – MMS

The routing of multi-media messaging may involve messaging protocol conversions and reformatting as necessary to complete the delivery of MMS text messages between incompatible networks. Also, not all devices support the receipt of multi-media messages. Customers that wish to receive multi-media messages to destinations other than mobile devices may need software/platforms (i.e., webhook/webserver) capable of receiving multi-media messages and rendering them for viewing.

Currently, MMS does not support image files, group texting, messages larger than 600KB, or messaging to international destinations.

In the event that Customer resells the MMS, each service provider must be uniquely identified in an ENUM database which can be queried by phone number by the Carrier(s). Customer agrees that, as a condition of reselling the Services, its contracts with its resold end customers will require: (i) consent to IntelePeer sharing whatever information regarding user’s requests to receive MMS messages with the Carriers and aggregators as requested; and (ii) compliance with the following post-implementation requirements: (a) manage tunnels to IntelePeer; (b) manage adequate bandwidth to IntelePeer; and (c) notify IntelePeer of any changes to the connection.

For all messaging with AT&T, Customer must balance its MMS messaging traffic between outgoing and incoming traffic volumes – a ratio of 3:1 for a ninety (90) day cycle. In the event this ratio is exceeded during the 90-day period, IntelePeer will have the right to exercise any remedies set forth in the CTIA Guidelines. AT&T requires pre-approval for any variation to the 3:1 ratio in each specific use case. For those specifically AT&T-approved use cases, the balance of traffic volumes will not count against the ratio set forth above.

Rates

IntelePeer will calculate all Rates for Messaging on a per-message basis for any message received into the IntelePeer platform, regardless of the successful delivery of the message or whether IntelePeer has blocked the message pursuant to this Attachment. Any messages completed to jurisdictions not expressly governed by the Attachment will be charged at IntelePeer’s standard rack rate, which may change from time to time without notice.

For SMS messages that can be encoded as single byte characters, the message length maximum is one hundred and sixty (160) characters. If a message requires the use of double byte characters or characters outside of GSM 03.38, then the message length maximum is seventy (70) characters. The delivery Carrier will break messages longer than those character limits into fragments using the aforementioned lengths after allocating seven (7) bytes for each message fragment needed. IntelePeer may charge for any message sent containing characters not within the standard GSM character set at the international rates. A fragment is considered a single message for billing purposes.

IntelePeer will provide Rates from IntelePeer for Messaging as outlined in Customer’s IntelePeer Solution Summary. IntelePeer will invoice Customer for any and all required set-up fees, leasing fees, migration fees, and carrier campaign filing registration fees, and submit all required carrier approval forms.

IntelePeer will also invoice Customer for all fees assessed by Carriers per message and per filing on a pass-through basis (“Carrier Fees”).

Notwithstanding anything in the Agreement to the contrary, any Carrier Fees, or applicable international Rates are subject to change from time to time without notice to Customer.

Customer Responsibilities

Customer will order Messaging by expressly authorizing and enabling the Service in the IntelePeer Customer Portal, or the supporting API, to enable the Messaging Enabled Number, which will result in the registration of such Messaging Enabled Numbers for messaging. Such authorization will require Customer to ensure that the Messaging Enabled Numbers used in Messaging are provisioned on behalf of legitimate owners of the telephone numbers.

Customer acknowledges that delivery time for messages using Messaging depend on various factors associated with the third-party Carrier networks used to deliver messages, including without limitation their default practices on discarding undelivered messages.

Though IntelePeer utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, Customer acknowledges that text messages are transmitted unencrypted when traversing the Public Switched Telephone Network via the Carriers. IntelePeer does not guarantee the security or integrity of the personal information in transmission or storage with Messaging. Customer agrees to communicate all such sensitive information by a different protected or encrypted method.

Customer Responsibilities – Short Codes

Customer’s use of the Short Codes is subject to specific requirements of the supported Carriers (as set forth at https://intelepeer.ai/docs/short-codes-what-you-need-to-know/), including (i) type, content and permitted time of sending of messages; (ii) prohibition of certain types of message originators; (iii) pre-approval of messaging campaigns; and (iv) pre-approval of key words used in response to messages sent to Short Codes. Given the nature of these Carrier requirements, Customer acknowledges that IntelePeer cannot include specific details in this Attachment and that the requirements may change from time to time without any notice but agrees to comply with such requirements at all times.

Short Codes are currently available with respect to subscribers of Carriers in certain countries, pursuant to intelepeer.ai/products/documentation/sms/short-codes-availability. IntelePeer may update this list from time to time, without additional notice to the Customer.

Customer agrees to not change its use of any leased Short Code from the use stated in its application for approval of the Short Code without first amending its application for the new use. IntelePeer reserves the right to remove service for any Short Code, Alphanumeric Code or Long Code that deviated from its approved use.

Each quarter Customer will provide IntelePeer a non-binding forecast of its number of messages, message traffic patterns and peak messages per second for any messages transmitted via Short Codes and notify IntelePeer immediately of any anticipated increases in volume of forecasted messages. Failure to provide such notice may result in additional charges.

Customer Responsibilities – Alphanumeric Sender ID

Customer shall exclusively use Alphanumeric Sender ID from SMS originators that have individually and expressly authorized it in writing or by other means. At any moment during the duration of the Agreement and upon request of a third party, IntelePeer shall be entitled to require customer to provide evidence and demonstration of such authorizations granted by the SMS originators. In the event customer is not able to provide such evidence in a commercially reasonable amount of time, IntelePeer may suspend or end the Agreement without prior notice.

Spamming, spoofing, smishing or any other type of fraudulent activity is strictly forbidden and may result in suspension or termination of the Agreement without prior notice.

Customer indemnifies and holds IntelePeer harmless, and agrees to pay promptly on demand, against any and all third party claims, losses, damages, liabilities, costs, expenses, fines and penalties (including without limitation reasonable legal fees and costs) incurred by IntelePeer as a result of, or in connection with any non-compliance with the terms of this clause.

Customer Responsibilities – MMS

Use of MMS as part of Messaging requires Customer to submit all use cases prior to implementation for approval by IntelePeer in its sole discretion. Customer agrees to not change its use cases or introduce new use cases without submitting for pre-approval by IntelePeer. IntelePeer reserves the right to suspend any Service for MMS that deviates from its approved use(s). Also IntelePeer reserves the right to revoke a previous approval in its sole discretion at any time.

Customer must (i) limit its MMS messages to no larger than 600KB; (ii) have the infrastructure, devices or applications to support inbound image, audio, and video MMS; and (iii) include links to your privacy policies when applicable for automated and group messages utilizing phone numbers not assigned to a unique individual or have characteristics inconsistent with consumer P2P messages pursuant to CTIA Guidelines.

Customer agrees that Customer is, or Customer will contractually require that its end customers are, the legal owners, agents or authorized licensees of all rights, title and interest in and to any intellectual property, proprietary rights or other rights relating to any and all data, text, pictures, video, or any other type of form of information contained in the body of any MMS message.

Customer agrees to not send, and to be solely responsible if their end customers send, any unwanted messages that are: i) unsolicited bulk commercial messages (i.e., spam); (ii) “phishing” messages intended to deceive (such as attempting to access private or confidential information through deception); (iii) messaging that contains or links to content that is abusive, harmful, deceptive, fraudulent, misleading, malicious, unlawful, harassing, threatening, discriminatory, bullying, excessively profane, obscene, defamatory, libelous; promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products; causes safety concerns; incites harm or violence; (iv) intended to intimidate; includes malware, threatening or otherwise inappropriate content; (v) in violation of opt-in or opt-out requirements and (vi) missing the proper age gating.

Customer Responsibilities – Carriers

Carriers have adopted additional requirements unique to their networks, which may be amended from time to time without notice. Generally, Customer agrees to comply with these requirements to ensure completion of its Messaging traffic. As a reference for its customers, IntelePeer will attempt to maintain a list of those additional Carrier requirements here, but Customer acknowledges that Carriers may effectuate these requirements without notice to IntelePeer and will be responsible for verifying the requirements of each Carrier independently.

For messages with T-Mobile subscribers, Customer and its customers must:

Also non-consumer A2P MMS messages to T-Mobile will not support delivery receipts or Free to End User programs.

For messages with AT&T subscribers, Customer and its customers must comply with the then-current Messaging Code of Conduct of AT&T, currently at: SMS Regulations (intelepeer.ai).