Resale Call Recording

These terms for the IntelePeer Resale Call Recording Services are expressly incorporated into the IntelePeer Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).

1. Service Description

1.1 IntelePeer offers cloud recording solutions for Customer to enable recording, transcription, and storage of calls made on the Communications Automation Platform pursuant to the terms of the Agreement (“Resale Call Recording Services”). Customer or its End Customers may record any call on the CAP platform using the Call Recording action in a SmartFlow. The volume of recordings, transcriptions, or storage available to Customer when utilizing Resale Call Recording Services will be set forth in the respective orders for Customer or each individual End Customer in the Order Form or the IntelePeer portal.

1.2 Every call recording or transcription initiated via the Automation Services actions will be automatically stored in secure third-party cloud storage location with authenticated access via Secure File Transfer Protocol, partitioned solely for the Customer’s files. Customer will designate what access its End Customer’s will to such files.

1.3 Customer can view a list of the call recording files of Customer or each individual End Customer. Customer may listen to the files, download them in a WAV format or delete the files. Each End Customer will have access to its recordings for the same purposes as designated by the Customer. Resale Call Recording Services include an option to label the recordings via the TAG field to organize audio files for better file management.

1.4 The CAP platform consist of a variety of functionalities Customer may utilize to configure its Automation Services to adhere to federal and state requirements mandating notification and consent of call participants, as well as restricting how Customer or its End Customers may use, disclose and secure any call recordings or transcriptions. Compliance with such requirements may vary by jurisdiction, use case, industry, or the relationship of the Customer or respective End Customer to the call participants being recorded, and should be decided in consultation with legal counsel.

1.5 Customer may employ (i) other CPaaS components with Resale Call Recording Services for additional functionality, such as Natural Language Processing for tone and sentiment analysis and transcriptions, or Insights for analytics; or (ii) our Managed Solutions offerings for other functionality, such as CRM integration.

2. Rates. IntelePeer will make available to Customer the Resale Call Recording Services based on the Rates outlined in the End Customer’s Order Form or order in the IntelePeer portal.

3. Customer Obligations/Responsibilities

3.1 Applicable Law and Industry Standards. Customer agrees to be solely responsible for compliance with any applicable laws or industry standards governing how Customer or its End Customers use, disclose and secure the call recordings and transcriptions within the IntelePeer platform. Customer agrees to consult, or require its End Customers to consult, with legal counsel regarding compliance with all applicable laws in connection with its use of the Resale Call Recording Services, especially in the context of any relevant legal requirements for particular business sectors. INTELEPEER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR INFORMING CUSTOMER OR ITS END CUSTOMERS OF THE COMPLIANCE REQUIREMENTS OF ANY APPLICABLE LAWS AND STANDARDS.

3.2 Security. As between IntelePeer and Customer, Customer agrees to be solely responsible for any content in the call recordings, including ensuring that its call recordings are secured appropriately based on the level of sensitivity of the information in those recordings along with any applicable law. Customer will also ensure that Customer and its End Customers sufficiently inform any users how Customer plans to use, share and store any call recordings (or any information derived from the recordings).

3.3 Consent. To support any obligations to comply with applicable laws, Customer may configure the Automation Services to seek and collect any requisite consents for itself or its End Customers using various mechanisms. For that reason, Customer will be solely responsible for configuring its Services to: (a) generate notification to clearly inform call participants that: (i) the call may be recorded and transcribed; (ii) any intended purposes for such actions; and (iii) a third party provider may record and store such recordings and transcriptions; (b) obtain and maintain adequate records documenting any consents; (c) refrain from recording any participant who does not provide such consent; and (d) secure the call recordings and transcriptions appropriately based on the level of sensitivity of the information in the calls. Customer agrees to maintain all necessary rights, consents, and authorizations throughout the term of this Agreement, and under no circumstances will Customer or its End Customers fail to respect a call participant’s choice to not be recorded.

3.4 Deletion. Recording and transcription files are saved in the cloud storage that Customer designates in its configuration of the corresponding Automation Services, until the sooner of retention period set forth in Section 1.4 of the Automation Services Attachment expiring or the Customer deleting them. Customer should not keep call recordings and transcriptions Customer or its End Customer no longer needs.