WestCX Orchestrate™ Service Description

WestCX Orchestrate is a system of action that uses AI-powered agents to deliver conversations and campaigns through a variety of channels to enhance Customer’s outcomes and strengthen relationships with patients, consumers or other end users. This WestCX Orchestrate Service Description (“Service Description”) describes the terms associated with each Channel and associated enhancements and intelligence layer options available for the WestCX Orchestrate Platform.

Capitalized terms used in this Service Description not otherwise defined herein shall have the definitions specified in the Agreement or Order Form, as applicable. This Service Description governs the purchase and use of Services on the WestCX Orchestrate Platform or otherwise used by Customer if no order form has been executed. In case of conflict between the Order Form and this Service Description, the Order Form shall govern and control. Although this Service Description establishes terms for various services, only the terms that apply to Services purchased by Customer under an applicable Order Form shall be applicable to Customer.

Definitions.
1. “Applicable Law” means all international, federal, state and local laws, rules and regulations that apply to the parties or to the activities performed under the applicable Order Form.
2. “Application” means the unique software for User interaction programs provided by WestCX or its Affiliates or suppliers.
3. “Channel” means a communication method available through the WestCX Orchestrate Platform, including but not limited to Voice STS, SMS Messaging, RCS Messaging, Webchat, and Email.
4. “Contract Documents” shall mean the Agreement, the Order Form, this Service Description and any Exhibits and/or Appendices to any of the foregoing documents, as amended.
5. “Customer” shall have the same meaning as “Client” as that term is used in the Agreement, if applicable.
6. “Customer Data” means any data provided by or on behalf of Customer to the Services. Such data may include PHI, PII and/or Confidential Information. The term “Customer Data” does not include Service Data.
7. “Effective Date” is the date of the Order Form and shall be as set forth in the Order Form.
8. “Go Live Date” shall mean the date when a particular subscription Service is available for Customer’s use.
9. “Input” means any data, content, or materials submitted by Customer or Users to the Services.
10. “IVA” means any Intelligent Virtual Assistant capability provided on the WestCX Orchestrate Platform.
11. “Output” means any data or content generated by the Services.
12. “Order Form” means the ordering document executed between Customer and WestCX that specifies the Services to be provided, pricing and other commercial terms.
13. “PHI” means Protected Health Information, as defined under the Health Insurance Portability and Accountability Act and its implementing regulations—specifically 45 C.F.R. § 160.103.
14. “PII” means Personally Identifiable Information and includes personal information, personal data and similarly-defined terms under applicable state privacy laws.
15. “Platform” means the shared standard cloud hardware, software, and facilities used by WestCX to provide the Services for its customers but shall not include anything provided by or through Customer or its third-party providers.
16. “Session” means a continuous interaction between a User and the Services. The three types of Sessions applicable to the Services are:
  1. Voice STS Session: A single conversational interaction between a User and the Voice STS Services. For incoming calls, the Session begins when the WestCX Orchestrate Platform answers a call and ends when the Session is closed (for example, the User disconnects, an inactivity timeout occurs, or an agent ends the conversation). For outgoing calls, the Session begins when the User answers the call and ends when the Session is closed.
  2. Agent Chat Session: A single conversational interaction between a User and the Agent Chat Services that begins when the User initiates a chat and ends when the session is closed (for example, the User disconnects, an inactivity timeout occurs, or an agent ends the conversation).
  3. Webchat Session: A single conversational interaction between a User and the Webchat Services that begins when the User initiates a chat and ends when the session is closed (for example, the User disconnects, an inactivity timeout occurs, or the Webchat agent ends the conversation).
17. “Service Data” means any data generated by or derived from the operation, use, or performance of the Services, including usage data, logs, metadata, diagnostics, analytics and performance metrics, but excluding Customer Data.
18. “Service(s)” means the service(s) purchased under an applicable Order Form.
19. “Transaction” means any of the following, as applicable:
  1. Email: A single email message (inbound or outbound) processed by the WestCX Orchestrate Platform, regardless of size, including any associated retries attempted.
  2. Voice STS: One Voice STS Session (defined above) processed by the WestCX Orchestrate Platform.
  3. SMS Message: One segment (inbound or outbound) processed by the WestCX Orchestrate Platform. The first segment in any message is up to 160 characters, and each additional segment within a single message is up to 153 characters. Non-English language characters and some special characters (for example, emojis) are encoded differently and may be counted as multiple characters.
  4. RCS Message: One segment (inbound or outbound) processed by the WestCX Orchestrate Platform. A Standard RCS message is under 5MB. A Rich Media RCS message is 5MB or more and may be charged at a higher rate than a Standard RCS message.
  5. Webchat: One Webchat Session (defined above) processed by the WestCX Orchestrate Platform.
20. “User” means any of Customer’s clients, customers, patients, consumers, employees, users, or any other third party accessing the Services through Customer.
21. “WestCX” means the service provider with which Customer contracted on the Order Form that incorporates this Service Description. Such service provider may include Televox, Inc., CX360, Inc. or an Affiliate.
Terms Applicable to all WestCX Orchestrate Services.
1. Scope of Services. WestCX will provide the WestCX Orchestrate Platform Services during the Order Form Term in accordance with the terms of the Order Form and this Service Description.
  1. Customer acknowledges that the Services provided by WestCX do not include:
    1. legal, financial, regulatory, medical or clinical review of any content;
    2. the creation of clinical or prescribing content; or
    3. any services not expressly set forth in the applicable Order Form or this Service Description.
  2. WestCX is not a carrier or provider of telecommunications or other services regulated by the Federal Communications Commission (“FCC”) or state public utility commissions.
  3. WestCX will be customer of record on all outbound telecommunications. Customer will be responsible for providing Public SIP traffic on all inbound telecommunications traffic to WestCX’s communication edge devices.
2. Compliance with Applicable Law. Customer shall use the Services solely for lawful purposes and in full compliance with Applicable Law, including without limitation those relating to telecommunications, telemarketing, privacy, data protection, artificial intelligence, and consumer protection. Customer shall cooperate with lawful regulatory and traceback requests related to its use of the Services.
3. Customer Materials. Customer agrees to provide information reasonably required by WestCX to perform the Services, including as applicable, but not limited to: scripts, wording, images, message content, greetings, prompts, templates, disclaimers and legally required notices or disclosures; User contact information and lists; program content and materials; Customer or third party databases; forecasts; Customer or third party software, routing and network addresses and configurations; and key contacts for problem escalation (collectively the “Customer Materials”). Customer is solely responsible for Customer Materials and does not provide legal, regulatory or clinical advice. Customer agrees that WestCX’s obligation to provide Services is conditioned upon: (i) Customer providing all information and assistance reasonably required to perform the Services; and (ii) Customer compliance with standards set forth by WestCX regarding hardware compatibility and installation requirements. Customer agrees to timely provide all such information, assistance and compliance, and to respond promptly to WestCX’s requests for information to prevent delays in provisioning or performance of the Services.
4. Customer Responsibilities.
  1. Appropriate Use and Configuration. Customer is solely responsible for determining whether the Services are appropriate for the categories of information it elects to process or transmit. Customer shall configure and use the Services, including authentication, masking, routing, and retention settings, in compliance with Applicable Law and its own internal policies.
  2. Data Governance and Access Controls. Customer shall be responsible for:
    1. establishing and maintaining its own data retention, archival, and deletion policies for any data exported or copied from the Services into Customer systems; and
    2. implementing and maintaining appropriate internal access controls, role-based permissions, and audit mechanisms governing access to data processed through the Services.
  3. Content Responsibility and Approval. Customer retains full responsibility for all Customer Materials and content used in connection with the Services and acknowledges that WestCX will rely on Customer’s approvals and instructions. Without limitation, Customer shall ensure that any clinical, medical, legal, or financial information communicated through the Services to Users is accurate, appropriate, and reviewed in accordance with Customer’s internal policies.
  4. Professional Judgment. Customer acknowledges that the Services are not intended to provide legal, financial, regulator medical, clinical or other professional advice and shall not be used as a substitute for such advice. Customer remains solely responsible for all decisions and actions taken based on information obtained through the Services.
  5. Responsibility for Messages. Customer agrees that:
    1. Customer may use the Services to transmit personalized wording, images and language (“Messages”) or direct WestCX to make contacts via any Channel to, or with, Users.
    2. Customer acknowledges and agrees that WestCX does not control or monitor Customer’s Messages nor guarantee the accuracy, integrity, security or quality of such Messages. Customer represents and warrants that: (a) Customer is solely responsible for Messages, and shall include an interactive opt-out mechanism if required by law; (b) Customer has the legal right to use and send all Messages to the Users; (c) the timing (including any limits on number of Messages) and purpose of all Messages, campaigns and programs are in compliance with Applicable Law; (d) WestCX’s use of the Messages as directed shall not violate the rights of any third party or any law, rules or regulation.
    3. Customer has, unless an exemption applies, obtained prior express consent to contact each wireless phone number delivered by Customer to WestCX in connection with the provision of any Services delivering a message (whether text, prerecorded audio or text-to-speech audio or other medium) and the intended contact User is the current subscriber to, or the non-subscriber customary user of, the wireless phone number. Upon request by WestCX, Customer shall promptly provide, in writing, proof of prior express consent and Customer’s processes for consent management and WestCX shall have no obligation to provide Services where WestCX reasonably believes that Customer has not so complied. Customer shall retain records of consent for at least 5 years or longer if required by Applicable Law.
    4. If the Messages are initiated to induce the purchase of goods or services or to solicit a charitable contribution (“Solicitations”), Customer has incorporated an interactive opt-out mechanism as part of the program;
    5. Customer shall maintain and honor opt-out mechanisms, comply with do-not-call and anti-spam requirements, and maintain accurate caller identification information.
    6. Customer has, unless an exemption applies, obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in 47 C.F.R. § 310.4(b)(1)(v)(A) of the FTC’s Telemarketing Sales Rule and 47 C.F.R. § 64.1200(f)(8) of the FCC’s Telephone Consumer Protection Act Rules; and
    7. The Parties agree that, where WestCX reasonably believes Customer may not have complied with the provisions of this section or with all Applicable Law, WestCX may, at its option (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers and promptly notify Customer of such action, (ii) insert an interactive opt-out mechanism and pass the resulting data to Customer, and/or (iii) temporarily suspend Services related to the compliance concern.
  6. Account Security and Use. Customer shall:
    1. be responsible for all use of the Services under its accounts, whether authorized or unauthorized;
    2. maintain the confidentiality and security of all credentials, API keys, and access mechanisms;
    3. promptly notify WestCX of any unauthorized access or use;
    4. ensure that its Users comply with the requirements of this Service Description; and
    5. provide and maintain all required systems, connectivity, and configurations necessary to access and use the Services.
  7. Operational Responsibilities. Customer is responsible for:
    1. Telecommunications Connectivity: provisioning and maintaining all required telephony connectivity (including numbers, trunks, and carriers);
    2. Content, Scripts, and Prompts: ensuring the accuracy, legality, and suitability of all prompts, scripts, flows, and related materials it designs, configures, or approves, including all required notices, consents, and disclaimers;
    3. Human Oversight: maintaining appropriate human oversight of the Services, including monitoring outputs, performance, and error rates, and ensuring access to live agents where required by Applicable Law or Customer policy; and
    4. Regulatory Configuration: configuring the Services in accordance with Customer’s legal and regulatory obligations, including call recording settings, consent mechanisms, retention periods, and routing rules.
  8. Compliance and Safeguards. WestCX uses reasonable administrative, technical, and physical safeguards designed to protect information processed through the Services. Customer acknowledges that transmitting information via the internet, cellular networks or voice networks always involves some risk. Customer is solely responsible for: (i) evaluating and determining whether its use of the Service is subject to any applicable legal, regulatory, or industry-specific requirements; (ii) determining whether the Services provide appropriate safeguards for its intended use cases, including any safeguards required under Applicable Law; and (iii) implementing any additional controls necessary to meet its compliance obligations.
5. Acceptable Use and Restrictions.
  1. General Restrictions. Customer shall not, and shall not permit any third party or User to:
    1. violate any Applicable Law or third-party rights, including intellectual property, privacy, or publicity rights;
    2. engage in fraudulent, deceptive, or misleading conduct;
    3. misrepresent identity or the origin of communications;
    4. generate spam or unauthorized communications;
    5. interfere with or disrupt the Services or related infrastructure;
    6. introduce malicious code (including viruses or malware);
    7. attempt to gain unauthorized access to the Services or related systems;
    8. probe, scan, or test vulnerabilities;
    9. scrape, extract, reverse engineer, or otherwise attempt to derive underlying models or systems; or
    10. use the Services or Outputs to develop or train competing products, services, models or artificial intelligence systems.
  2. Content Restrictions. Customer shall not use the Services to create, transmit, or promote content that:
    1. is unlawful, harmful, harassing, hateful, abusive, discriminatory, or violent;
    2. promotes terrorism, extremism, exploitation, or human trafficking;
    3. interferes with political or civic processes, such as by (a) impersonating political candidates or government officials; (b) suppressing voter engagement; or (c) conducting political campaigning or election-related advocacy;
    4. promotes self-harm or harm to others or animals;
    5. infringes or misappropriates intellectual property or privacy rights;
    6. involves unauthorized impersonation or voice cloning;
    7. targets or exploits minors;
    8. promotes counterfeit, dangerous, or illegal goods or services;
    9. promotes cannabis, CBD, or other prohibited products where restricted by law;
    10. promotes sale or consumption of tobacco, products containing tobacco, component parts of tobacco or products designed to simulate smoking behaviors;
    11. relates to alcohol, firearms, gambling or adult content;
    12. constitutes spam, unsolicited communications, or deceptive practices; or
    13. contains unauthorized copyrighted or trademarked material.
  3. Security and Service Integrity. Customer shall not:
    1. interfere with or disrupt performance of the Services;
    2. conduct denial-of-service or similar attacks;
    3. bypass usage limits or safeguards;
    4. use unauthorized automation tools; or
    5. identify or exploit security vulnerabilities.
  4. Sensitive Data. Customer shall not collect, transmit, or process sensitive personal information (including social security numbers, financial account data, or authentication credentials) through the Services except where strictly permitted by Applicable Law and appropriately secured or masked.
  5. Minors and Age Restrictions. Customer shall not:
    1. make the Services available to individuals under the age of 13;
    2. target minors without required parental or guardian consent; or
    3. provide age-restricted content without appropriate age verification and legal compliance.
  6. Violation of Restrictions. Customer agrees to immediately report any violation of the restrictions set forth above to WestCX and provide cooperation in investigating and/or remedying any such violation. If WestCX identifies a violation of the restrictions set forth in this Service Description, WestCX will, where feasible, work with Customer in good faith to get Customer back into compliance with the terms of this Service Description.
6. Artificial Intelligence Terms
  1. Inputs and Outputs.
    1. Ownership. Customer retains ownership of Inputs and Outputs. Outputs may not be unique.
    2. Customer Responsibilities. Customer is solely responsible for:
      1. all Inputs and Outputs;
      2. ensuring it has all rights, permissions, and consents for Inputs; and
      3. compliance with Applicable Law and third-party rights.
  2. Transparency and Disclosure. Customer shall clearly and conspicuously disclose to individuals interacting with the Services that:
    1. they are interacting with an artificial intelligence system; and
    2. communications may be recorded, processed, or analyzed.
  3. No misrepresentation. Customer shall not represent AI-generated Output as human-generated.
  4. AI Limitations.
    1. The Services incorporate artificial intelligence and natural language processing technologies, including the WestCX Orchestrate Platform, to interpret user inputs and generate responses based on Customer-provided content, system integrations, workflow configurations, and other operational parameters.
    2. Due to the probabilistic nature of these technologies, the Services may, from time to time, misunderstand or misinterpret Inputs, or generate Outputs that are inaccurate, incomplete, out-of-date, or inappropriate in a given context, including responses that contain errors or so-called “hallucinations.” The Services may also fail to recognize when a response is unsuitable for a particular situation or business purpose, and similar Outputs may be generated for other users. Unless Customer’s deployment is configured to trigger pre-defined responses, Output may be non-deterministic. Customer is solely responsible for evaluating the accuracy and suitability of all Outputs
    3. Neither WestCX nor Customer represents or warrants that any information or Output generated by the Services will be accurate, complete, current, or fit for any particular purpose. The Services may, where they determine that a reliable response cannot be provided, return a fallback response, indicate that no answer is available, or direct the User to contact Customer directly.
    4. Customer shall not use the Services in any high-risk activity where failure could result in death, personal injury, or significant harm and shall adopt processes and procedures to address circumstances that are reasonably foreseeable to relate to such high-risk activity within the course of use of the Services.
7. Quality Assurance. WestCX may implement reasonable technical and rate limits (for example, per-minute or per-hour thresholds) to protect the stability, quality and/or security of the WestCX Orchestrate Platform, and may temporarily throttle or queue Transactions where necessary to maintain service performance. Customer authorizes WestCX’s monitoring including recording of calls and Customer is responsible for providing all required notifications and obtaining any necessary consents from Users.
8. Privacy and Data Use; Data Processing.
  1. Compliance with Data Protection Laws. Each party shall comply with all applicable data protection and privacy laws and regulations in the jurisdictions in which the Services are provided (“Data Protection Laws”). The parties acknowledge that use of the Services may involve the collection, use, processing, storage, and/or recording of Customer Data. As between Customer and WestCX, Customer owns all Customer Data. Customer is the data controller (or equivalent role) of Customer Data, and WestCX is the data processor (and, where applicable, business associate) processing Customer Data on Customer’s behalf.
  2. Customer Responsibilities. Customer shall: (i) obtain and maintain all necessary rights, consents, and authorizations required for the collection, use, processing, storage and transfer of Customer Data in connection with the Services; and (ii) ensure that its use of the Services complies with Applicable Law.
  3. Processing of Customer Data. Customer instructs WestCX and its suppliers to process Customer Data in accordance with this Service Description. WestCX shall process Customer Data: (i) to provide, operate, support, and improve the Services, respond to technical issues, support Customer inquiries or enforce its rights under the Contract Documents; (ii) in accordance with Customer’s documented instructions, including as set forth in the applicable Order Form and Customer’s use of the Services; and (iii) as required by Applicable Law. WestCX shall comply with such instructions unless prohibited by law or required to process data differently by Data Protection Laws. Customer authorizes WestCX to engage affiliates and third-party subprocessors to provide the Services. WestCX will provide a list of subprocessors to Customer upon written request. Customer acknowledges that Customer Data may be processed in the United States, India, the Philippines and other jurisdictions, and that cross-border transfers may occur in connection with the Services. WestCX shall provide the Services in accordance with the West Technology Group, LLC Global Privacy Statement (available at https://www.west.com/legal-privacy/).
  4. Security. WestCX shall implement and maintain appropriate technical and organizational measures designed to protect Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage, consistent with industry standards.
  5. Service Data. WestCX owns all Service Data. Service Data constitutes WestCX Confidential Information. Service Data includes data derived from User interactions with the Services, including data that is aggregated, anonymized, or de-identified such that it does not contain Customer Information and does not identify Customer or any individual. WestCX will not attempt to re-identify de-identified data except as required by law. WestCX may collect, use, process, and disclose Service Data for its legitimate business purposes, including to (i) operate, maintain, secure, and support the Services; (ii) analyze usage and performance; (iii) conduct analytics, benchmarking, and research; (iv) create and share industry insights, provided no Customer-specific or identifiable information is disclosed; (v) develop, improve, and enhance the Services and new products, features and functionality—including for the development and improvement of algorithms, models, and machine learning or AI-based functionality; and (vi) comply with legal obligations.
  6. Data Retention and Deletion. Customer acknowledges that, unless otherwise agreed in writing: (i) WestCX may retain Customer Data as necessary to provide the Services, comply with legal obligations, and enforce its agreements; and (ii) WestCX may periodically delete Customer Data in accordance with its data retention practices. WestCX shall have no liability for deletion of Customer Data performed in accordance with such practices.
9. Minimum Commitment. Customer shall have a Minimum Annual Commitment (“MAC”) and/or Minimum Monthly Commitment (“MMC”), as specified in the Order Form. Beginning on the first day of the applicable Subscription Term, Customer shall meet any and all MMCs and/or MACs documented in the Order Form (collectively the “MC”) and the following terms apply during the Order Form Term to each commitment type:
  1. MAC. At the end of each 12-month period during the Order Form Term, Customer agrees to full payment of the shortfall resulting from Customer’s failure to meet the MAC and any such shortfall shall appear as a line item on Customer’s invoice. The WestCX Orchestrate Platform fee and all Transactions and overages (if applicable) billed to the Customer for the Services will go towards the MAC. Any taxes, training charges, ancillary charges, recording, monitoring, Professional Services fees, storage fees or surcharges of any kind will not apply towards the MAC.
  2. MMC. At the end of each month during the Order Form Term, Customer agrees to full payment of the shortfall resulting from Customer’s failure to meet the MMC and any such shortfall shall appear as a line item on Customer’s invoice. The WestCX Orchestrate Platform fee and all Transactions and overages (if applicable) billed to the Customer for the Services will go towards the MMC. Any taxes, training charges, ancillary charges, recording, monitoring, Professional Services fees, storage fees or surcharges of any kind will not apply towards the MMC.
  All Subscription fees set forth herein are due for the entire Order Form Term. The Parties agree and acknowledge that WestCX has made pricing concessions based on the minimum commitments agreed to in the Order Form and that any shortfall payments due under the Order Form are a reasonable estimate of WestCX’s actual damages resulting from Customer's failure to meet such commitments and do not constitute a penalty. Customer acknowledges that WestCX’s actual damages would be difficult to calculate with precision.
10. Excluded Events. Customer expressly acknowledges and agrees that WestCX’s obligation to perform the Services hereunder does not include the performance of any services that may be required to resolve issues caused by any of the following (each, an “Excluded Event”):
  1. issues caused by Customer-owned or third-party applications or Customer-maintained infrastructure including, but not limited to, wide area network, local area network, equipment, agent desktop, customer relationship management, web servers, databases, stored procedures, and mainframes;
  2. systems interoperability, requirements modifications, software compatibility;
  3. customer's failure to properly maintain Customer's site and/or equipment which WestCX needs to use during the delivery of Services;
  4. alterations to Customer's site or equipment made by Customer or a third party during and/or after WestCX's completion of delivery of Services;
  5. customer’s environment, code, network or related systems components; or
  6. anything outside the control of WestCX.
  If Customer engages WestCX’s technical support personnel to diagnose an issue and WestCX determines in its reasonable judgment that the issue was caused by an Excluded Event, Customer shall pay for any time incurred by WestCX in diagnosing, troubleshooting, and/or repairing the issue at WestCX’s then-current hourly rates for Professional Services.
11. Customer Premise Equipment. WestCX does not provide support for Customer equipment or platforms. Customer shall be solely responsible for maintenance, support and troubleshooting of all Customer equipment or platforms.
WestCX Orchestrate Platform Access.
1. WestCX Orchestrate Platform Overview. The WestCX Orchestrate Platform is an intelligent communications Platform that uses AI-powered agents to deliver conversations (one-to-one communications) and campaigns (one-to-many communications) through a variety of Channels at scale, without the need to replace existing technology. The WestCX Orchestrate Platform unlocks User journeys (described below). When Customer purchases more than one Channel on the WestCX Orchestrate Platform, Customer can enable WestCX’s Total Journey Orchestration™ to enhance User experience and outcomes. The following categories of Services are available through the WestCX Orchestrate Platform, each of which are described in more detail below: Channels, Enhancements, Intelligence and Professional Services.
2. Total Journey Orchestration. Total Journey Orchestration coordinates journeys, campaigns, conversations, agents, and intelligence at scale across supported communication Channels to determine and execute next-best actions in real time throughout the customer or patient lifecycle, with the goal of delivering defined outcomes rather than isolated interactions. Total Journey Orchestration is enabled when Customer purchases access to more than one Channel on the WestCX Orchestrate Platform because it allows coordination and automation of User journeys across Channels and real-time reasoning as it can be configured to prompt the User to take the next best action independent of Channel. A unified orchestration layer reduces fragmentation across communication workflows by coordinating conversations and campaigns across Channels to create a single, continuous User journey.
3. Journeys. A journey is a configurable, outcome-oriented workflow that orchestrates one or more interactions across Channels (including conversations and campaigns), supported by automation, agents and intelligence, to guide a User through a defined sequence of steps within a business process. Various industry-specific journeys are available to Customer and access to available journeys is included in Customer’s WestCX Orchestrate Platform fee.
4. WestCX Orchestrate Pricing. Access to the WestCX Orchestrate Platform may be purchased on a “Capacity” model or a “Journey Transactions” model, each as described in more detail below.
  1. WestCX Orchestrate – Capacity Model:
    1. WestCX Orchestrate Platform Access. The WestCX Orchestrate Capacity Model provides predictable cost and maximum flexibility. Under this model, Customer will pay a monthly recurring subscription fee for access to the WestCX Orchestrate Platform and may use any combination of enabled Channels at no additional cost, so long as Customer does not exceed the maximum number of Transactions permitted in a calendar month.
    2. Overages. Customer’s maximum number of Transactions permitted in a calendar month is shown on Customer’s Order Form. If Customer exceeds the maximum number of Transactions permitted in a calendar month, the per-Transaction overage fee(s) shown on Customer’s Order Form will apply to each Transaction over the maximum number of Transactions permitted in the applicable calendar month. Overages will appear on Customer’s invoice.
    3. Material Increase in Session Quantity. The pricing set forth in the Order Form is contingent upon there being no material increase in the Average Number of Monthly Sessions for any Channel shown on the Order Form. A material increase occurs when Customer’s actual number of Sessions for one or more Channel(s) in any calendar month is 5% or more than the Average Number of Monthly Sessions for the applicable Channel, as shown on the Order Form. For example, if the Average Number of Monthly Sessions for Voice STS shown on Customer’s Order Form is 10,000 Sessions, a material increase occurs in the Voice STS Channel if Customer uses 10,500 or more Sessions in a calendar month. In the event of a material increase in Customer’s number of Sessions in one or more Channel(s) occurs for three or more month(s) during the Order Form Term, WestCX may increase Customer’s WestCX Orchestrate Platform fee on a prospective basis, and a new Average Number of Monthly Sessions will be established.
  2. WestCX Orchestrate – Journey Transactions Model:
    1. Platform access. A monthly recurring subscription is required to access to the WestCX Orchestrate Platform. The amount of the WestCX Orchestrate Platform fee is set forth in the Order Form.
    2. Channel Subscriptions. The Channels shown on the Order Form will be enabled for Customer. Customer will be charged for use of each Channel at the rate(s) set forth in the Order Form.
    3. Overages. Overages do not apply to the Journey Transactions model for WestCX Orchestrate.
WestCX Orchestrate Channels:
1. Voice STS Services. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Voice STS (Streaming Speech-to-Speech) Services through the WestCX Orchestrate Platform. WestCX Voice STS is a cloud-based, AI-driven voice-native engagement service that enables real-time conversational interactions at scale through continuous speech processing. Voice STS supports both inbound and outbound interactions and is designed for high-volume use cases, including those in regulated industries such as healthcare and financial services. The Service may be deployed as a standalone offering or in conjunction with other capabilities within the WestCX Orchestrate Platform to enable Total Journey Orchestration.
  1. Service Capabilities. Voice STS enables the following capabilities:
    1. Streaming Speech-to-Speech Processing:
      1. Continuous Interaction: Processes speech in real time, enabling simultaneous listening, reasoning, and response generation.
      2. Ultra-Low Latency: Designed to deliver response times to maintain conversational flow.
      3. Interruption Handling: Detects and responds to caller interruptions (e.g., barge-ins or mid-sentence changes) and dynamically adjusts responses.
    2. Understanding and Decisioning:
      1. Natural Language Understanding (NLU): Identifies caller intent, tone, emotion and contextual signals to inform next-best actions.
      2. Multilingual Capabilities: Supports real-time conversations in over 40 languages via Voice STS Services using WestCX LinguaAI™, including automatic language detection and response without manual configuration changes.
    3. Action Execution:
      1. Transactional Capabilities: Executes actions within the interaction (e.g., scheduling, payments, balance inquiries, prescription refills, and status checks).
      2. Intelligent Escalation: Transfers interactions to live agents when appropriate, including transfer of relevant context and summarized interaction history.
  2. Service Components. Voice STS may include the following components, depending on Customer’s configuration:
    1. Voice Ingress/Egress: PSTN and/or SIP connectivity for inbound and outbound voice communications.
    2. STS Engine: Core streaming pipeline including Automatic Speech Recognition (ASR), Natural Language Understanding (NLU), reasoning, and Text-to-Speech (TTS) synthesis.
    3. Orchestration and Business Logic: Configuration of interaction flows, prompts, and decision logic. Customer is responsible for all Customer-authored configurations, prompts, workflows, and business rules, including any content or logic introduced into the service.
    4. Integrations: API-based connectivity to Customer systems (e.g., EHR, CRM, billing systems) for read/write operations. Customer is responsible for providing and maintaining all access and technical requirements necessary for integrations with Customer systems, including but not limited to: (i) API access, authentication credentials, certificates, and related documentation; (ii) required security configurations, including IP allow‑listing where applicable; (iii) test environments or sandbox systems where reasonably required; and (iv) ongoing operational availability and performance of Customer systems. Customer will notify WestCX in advance of any material changes to Customer systems that may affect existing integrations.
    5. Reporting and Analytics: When combined with Orchestrate Analytics (described below), the WestCX Orchestrate Platform provides reporting dashboards and data exports for performance metrics and interaction analytics.
  3. Typical Use Cases. Representative use cases include, but are not limited to:
    1. Healthcare: Appointment scheduling and rescheduling, discharge coordination, lab follow-ups, balance reminders, and general inquiries.
    2. Pharmacy: Vaccine reminders, prescription refill processing, pickup coordination, and payment handling.
    3. Financial Services: Payment processing, delinquency outreach, identity verification, and account inquiries.
    Performance outcomes (e.g., containment rates, handle time reduction, revenue recovery) may vary based on Customer configuration and deployment environment.
  4. Pricing and Usage Measurement
    1. General Pricing Model. Pricing for Voice STS Services is on a per-Session basis.
    2. Session Length. Customer’s pricing is premised on Customer’s average Voice STS Session length being less than or equal to 4.00 minutes. In the event that Customer’s average Session length exceeds 4.00 minutes during any three months (not required to be consecutive) during the Order Form Term, WestCX may exercise any one or more of the following options in its sole discretion: (i) modify Customer’s Service offering; (ii) increase Customer’s pricing; (iii) implement other limitations; or (iv) suspend or terminate Customer’s Service without penalty. Partial minutes are rounded up to the next full minute and each Session is counted as a minimum of one minute in length.
    3. Voice Transport and Transfers:
      1. Voice transport services are billed in conjunction with Platform usage and may appear as separate line items on invoices.
      2. Bridged transfers (including transfers to toll or toll-free numbers) are billed in addition to applicable Platform and transport charges.
  5. Outbound Calling Features
    1. Call Bridging. Outbound interactions may be transferred to existing toll or toll-free numbers to enable live call bridging.
    2. Answering Machine Detection (AMD):
      1. AMD enables outbound Applications to distinguish between human and machine call pickups and to trigger corresponding call flows.
      2. AMD is billed on a per-call basis when enabled.
      3. Support for AMD is contingent upon Customer implementation in accordance with then-current product documentation.
2. Short Message Services (SMS) Messaging. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide SMS Messaging Services through the WestCX Orchestrate Platform. As used in this Service Description, the term “SMS Message” is inclusive of MMS Messages, if used. The WestCX Orchestrate Platform provides a high scaled, integrated solution that will allow Customer to deliver SMS Messages to Users. WestCX will allow access to the Services through supported APIs. Customer is required to update its integration as requested to maintain supportability of the SMS Messaging Services.
  1. SMS Messaging Pricing Details and Applicable Terms:
    1. Each SMS Message attempt delivered to the aggregator will count as a Transaction for the SMS Messaging Channel.
    2. SMS Messages over 160 characters will be broken into two or more Messages and therefore be billed as two or more Transactions, depending upon Message length.
    3. Transaction rates apply to both the sending and receiving SMS Messages.
    4. Carrier charges apply. Carrier charges in effect as of the Effective Date of the Order Form included in Customer’s SMS Messaging pricing. Customer acknowledges that carrier charges are subject to change and agrees that WestCX may pass through incremental carrier charges to Customer without markup if any one or more carriers increase their carrier charges following the Effective Date. Please contact your account manager for information about current carrier charges.
  2. Provisioning and Maintenance Details and Pricing Notes. WestCX supplies and provisions short codes on behalf of customers. Working with its carrier services team, WestCX will provide guidance on best practices to get certified with carriers.
  3. Included features and applicable terms:
    1. Messaging Service Provisioning. WestCX will assign a lead to collect all required information from Customer on use cases for SMS messaging codes, fill in the required forms and be the liaison between the aggregator/carriers and Customer to support approval.
    2. Terms and Conditions Support. WestCX will provide a temporary terms and conditions website to allow for approval of SMS messaging codes while Customer’s web resources update the production site with the appropriate SMS messaging code terms and conditions language.
    3. Message Handler. WestCX will provide response management to ensure testing and approval to individual carriers.
    4. Monthly SMS messaging code fees will be billed based on date of securing the SMS messaging code and not approval timeframe.
    5. SMS messaging code approval timeframe is dependent on third parties and cannot be provided a specific date. Note, SMS messaging code approvals can take up to 12 weeks.
    6. Customer acknowledges that messaging delivery is not guaranteed and that messages may be blocked or filtered by carriers or other providers for reasons beyond WestCX’s control.
    7. SMS messaging code maintenance will be a separate line item on Customer’s invoice.
    8. Itemization of SMS provisioning features and corresponding pricing is set forth in the applicable Order Form, if applicable.
    9. The SMS Messaging Services can be configured to send Voice STS calls to Users whose devices do not support receipt of SMS Messages (e.g., a land lines).
  4. Google Maps Services Integration. The SMS Messaging Services may be configured to integrate Google Maps Services to aid Users in navigating to locations relevant to Customer. In case of such integration, the Google Maps Services Terms set forth below in the “WestCX Orchestrate Enhancements” Section shall apply.
3. Rich Communication Service (RCS) Messaging. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide RCS Services through the WestCX Orchestrate Platform. WestCX’s RCS Messaging Services enable organizations to provide a modern, app-like digital engagement experience that vastly improves engagement, compliance, and operational efficiency.
  1. Definitions specific to the RCS Services:
    1. “RCS” means Rich Communication Services. RCS is an advanced messaging Platform designed to deliver a secure, interactive, and multimedia-rich experience directly within Users’ native mobile messaging apps, without the need for additional downloads.
    2. “Carousel” means a horizontally scrollable set of rich content cards, where each card can include an image, title/description text, and one or more tappable buttons.
  2. RCS Messaging represents the next generation of mobile messaging and offers a significantly enhanced experience over SMS Messaging by enabling:
    1. Richer Content Delivery: Providers can send Carousels, images of facilities or service providers, maps, instructional videos, and other visual aids to increase Users’ confidence and understanding.
    2. Verified & Branded Messaging: RCS Messaging enables inclusion of brand elements, reducing fraud risk and building Users’ trust.
    3. Interactive Messaging: Enable Users to respond to communications using intuitive push-button choices, lists of options, and rich cards, reducing reply errors and streamlining scheduling, confirmations, and payments.
    4. Regulatory Compliance: RCS Messaging prioritizes message security and privacy, supporting compliance with applicable regulations for confidential data exchange.
    5. Consistent, Modern Experience: RCS Messaging provides a secure, branded, app-like interaction directly within native messaging apps, reinforcing trust and convenience.
    6. Real-Time Analytics: Delivery/read receipts, open rates, and button interaction analytics provide actionable data for optimizing communication strategies.
  3. RCS Messaging Services Terms
    1. RCS Messaging. Customer may use WestCX’s RCS Messaging Services during the Order Form Term to provide Users with a modern, app-like digital engagement experience. WestCX’s RCS Messages are Point-to-Point encrypted, using transport-layer encryption (TLS). Each RCS Message (whether inbound or outbound) counts as a Transaction.
    2. RCS Message Transmission. Each RCS Message attempt delivered to the aggregator will count as a Transaction. Transaction rates apply to both the sending and receiving of RCS messages. Each message to or from the WestCX Orchestrate Platform is treated as a separate Transaction. In the event that Customer’s average message size exceeds 5MB during any three months (not required to be consecutive) during the Order Form Term, WestCX may exercise any one or more of the following options in its sole discretion: (i) modify Customer’s service offering; (ii) increase Customer’s pricing; (iii) implement other limitations or (iv) suspend or terminate Customer’s RCS Messaging Service without penalty.
    3. RCS Registration. Registration with one or more mobile carriers is required before RCS Messaging Services can be deployed. WestCX will provide RCS registration consulting services as part of the Services provided under the applicable Order Form, and Customer hereby authorizes WestCX to act as its agent to obtain RCS registration on Customer’s behalf. Customer acknowledges and agrees that: (1) Customer will promptly complete an RCS Registration Intake Checklist and provide same to WestCX to support WestCX’s efforts to obtain RCS registration for Customer; (2) WestCX may appoint a subagent to assist with obtaining RCS registration on Customer’s behalf; and (3) WestCX and its agents are authorized to use Customer’s name, logo and/or trademarks during the Order Form Term for purposes of obtaining RCS registration on Customer’s behalf, maintaining RCS registration and for providing the RCS Messaging Services to Customer. WestCX will relay to Customer any additional information or actions required of Customer to complete RCS registration. Carrier approval times for RCS registration vary and are outside of WestCX’s control. In the event that one or more carriers have approved Customer’s RCS registration and RCS registration applications are still pending with one or more other carriers, Customer has the option to begin using RCS Messaging Services with approved carriers and use SMS Messaging Services to send Messages to Users on carrier networks that are still pending RCS registration.
    4. Carrier charges apply. Carrier charges in effect as of the Effective Date of the Order Form included in Customer’s RCS Messaging pricing. Customer acknowledges that carrier charges are subject to change and agrees that WestCX may pass through incremental carrier charges to Customer without markup if any one or more carriers increase their carrier charges following the Effective Date. Please contact your account manager for information about current carrier charges.
    5. Additional Requirements for RCS Messaging Services:
      1. Customer will present or make available to each User a copy of Customer’s privacy policy. Such privacy policy must: (i) ensure WestCX and its suppliers are authorized to conduct the data processing activities contemplated under the Order Form and this Service Description; and (ii) not conflict with or supersede the Order Form and/or this Service Description in any way. Carrier review and approval of Customer’s privacy policy is required to obtain RCS registration.
      2. WestCX may provide summary billing information and/or record level detail to third parties for billing purposes (e.g., telecommunications carriers and/or their affiliates) related to the use of WestCX’s RCS Messaging Services. By using WestCX’s RCS Messaging Services, Customer: (i) represents and warrants that Customer has been duly authorized by the current subscriber to, or the non-subscriber customary user, to provide such information, and (ii) expressly instructs and authorizes WestCX and its suppliers to provide such information on Customer’s behalf in connection with WestCX’s RCS Messaging Services. If WestCX provides such summary billing information and/or record level detail to Customer, Customer may only use such information for billing verification purposes and all such summary billing information and/or record level detail provided to Customer by WestCX shall be considered WestCX Confidential Information and subject to the terms of the Agreement.
      3. Customer acknowledges that it may be necessary for WestCX or its agent to access Customer Data to respond to any technical problems or Customer queries, to ensure the proper working of the RCS Messaging Services and to train artificial intelligence (“AI”) models used to improve spam detection and prevention. Customer authorizes WestCX to review Customer’s activity and/or User spam reports associated with Customer’s activity using the RCS Messaging Service, and agrees to provide reasonable assistance to WestCX in this regard. Customer understands and agrees that Messages sent using WestCX’s RCS Messaging Services may be made available to the carrier over whose network Messages are transmitted.
      4. Customer acknowledges that messaging delivery is not guaranteed and that Messages may be blocked or filtered by carriers or other providers for reasons beyond WestCX’s control.
      5. The RCS Messaging Services can be configured to send SMS Messages to Users whose devices do not support receipt of RCS Messages.
  4. Google Maps Services Integration. The RCS Messaging Services may be configured to integrate Google Maps Services to aid Users in navigating to locations relevant to Customer. In case of such integration, the Google Maps Services Terms set forth below in the “WestCX Orchestrate Enhancements” Section shall apply.
4. Webchat Services. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Webchat Services through the WestCX Orchestrate Platform. Webchat is an AI-enabled virtual assistant Platform provided by WestCX that enables Users to interact with Customer through a web-based conversational interface. The Webchat Service is designed to support informational inquiries and administrative self‑service interactions.
  1. Service Capabilities. Subject to the configuration and scope defined in the applicable Order Form, Webchat may:
    1. respond to User inquiries using Customer‑approved content sources, including Customer websites, policies, knowledge bases and other documentation;
    2. provide information regarding Customer locations, contact information, hours of operation, and general service information;
    3. facilitate certain non‑clinical administrative activities such as appointment scheduling, rescheduling, cancellations, bill‑pay links, or prescription refill request routing;
    4. integrate with agreed Customer systems, including electronic health record (EHR) systems, practice management systems, customer relationship platforms, contact center platforms, or other systems as mutually agreed; and
    5. escalate conversations to a live agent, contact center queue or other designated Customer resource.
  2. Core Functional Components:
    1. Conversational AI Engine. The Webchat Service includes a conversational artificial intelligence engine that: (i) processes User inputs using natural language processing technologies; (ii) identifies User intent and routes interactions to knowledge base responses, configured workflows or live‑agent escalation pathways; and (iii) operates pursuant to configurable prompts, guardrails and business rules established by WestCX in collaboration with Customer.
    2. Website Integration. Webchat is deployed as a web‑based chat interface embedded within Customer’s website, portal, or other digital property through a script or similar integration mechanism provided by WestCX. The user interface may be configured to align with Customer branding elements, including logos, colors and certain interface text.
    3. Knowledge Base (“Inform”). Webchat may be configured to access a Customer‑specific knowledge base that may include: (i) content sourced from Customer websites, documents and other approved materials; (ii) frequently asked questions and standardized responses; and (iii) additional content or scripts developed and provided by Customer. WestCX will configure the knowledge base based on Customer‑provided materials and instructions. Customer remains solely responsible for the accuracy, completeness, legality, and ongoing maintenance of all Customer‑provided content.
    4. Self‑Service Workflows and Journeys (“Automate”). Where purchased and enabled, Webchat may facilitate transactional self‑service workflows and/or journeys, including but not limited to: (i) appointment scheduling, rescheduling, and cancellations; (ii) appointment confirmations and reminders; (iii) prescription refill request routing; (iv) basic billing inquiries and links to external payment portals; and (v) other mutually agreed non‑clinical workflows. Such workflows may require integration with Customer systems, including EHR, practice management or customer relationship platforms.
    5. Live Agent Escalation (“Connect”). Where Customer has purchased compatible WestCX solutions (such as Agent Chat) or integrated third‑party contact center tools, Webchat may be configured to: (i) escalate conversations to a live agent or designated queue based on predefined triggers, including User request, configured intents, keywords, or confidence thresholds; (ii) transfer conversation history and relevant context to the receiving agent; and (iii) route escalated interactions according to configured business rules such as queue assignment, agent skills and hours of operation.
  3. Integrations and Dependencies.
    1. Customer System Integrations. Certain Webchat functionality, including many self‑service workflows, may require integration with Customer systems. Such systems may include: (i) electronic health record (EHR) systems; (ii) practice management systems; (iii) billing and payment systems; (iv) identity and access management or single sign‑on solutions; and (v) contact center or agent desktop applications. The scope and method of any integration will be as agreed by the parties in writing, such as in an applicable Order Form or Change Order.
    2. Integration Responsibilities. Customer is responsible for providing and maintaining all access and technical requirements necessary for integrations with Customer systems, including but not limited to: (i) API access, authentication credentials, certificates and related documentation; (ii) required security configurations, including IP allow‑listing where applicable; (iii) test environments or sandbox systems where reasonably required; and (iv) ongoing operational availability and performance of Customer systems. Customer will notify WestCX in advance of any material changes to Customer systems that may affect existing integrations.
    3. Google Maps Services Integration. The Webchat Services may be configured to integrate Google Maps Services to aid Users in navigating to locations relevant to Customer. In case of such integration, the Google Maps Services Terms set forth below in the “WestCX Orchestrate Enhancements” Section shall apply.
  4. Limitations. Webchat is not designed or intended to provide medical advice, medical diagnosis, treatment recommendations or clinical decision support. All responses generated by Webchat are intended for informational or administrative purposes only. The specific functionality, integrations, and workflows available as part of the Webchat Service will depend on the configuration of the Services.
  5. Customer Responsibilities. Customer is solely responsible for:
    1. providing accurate, lawful, and up‑to‑date content used by the Service, including clinical, administrative and informational materials;
    2. reviewing and approving knowledge base content, responses, workflows, and scripts prior to production use;
    3. periodically reviewing and validating the continued accuracy and compliance of the Service configuration;
    4. ensuring that use of the Service complies with Applicable Law and Customer policies; and
    5. monitoring Service interactions and implementing appropriate escalation or human review processes where required.
5. Email Services. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Email Services through the WestCX Orchestrate Platform. WestCX’s Email Services provide a hosted messaging capability that enables Customer to send and receive automated and ad hoc email messages to Users in connection with Customer’s reminder, recall or other communication campaigns.
  1. Scope of Email Services.
    1. Functionality and Use. Email Services allow Customer to:
      1. configure and deploy email messages (including templates) for use cases such as appointment reminders, recalls, balance notices, educational campaigns, surveys and other Customer-approved programs.
      2. initiate email messages via the WestCX Orchestrate Platform UI, API, or other integration methods supported by WestCX and identified in the applicable Order Form or implementation documentation.
      3. route inbound email replies to designated Customer-managed mailboxes, workflows, or systems, where supported by the configuration.
      4. access reporting made available by WestCX through the WestCX Orchestrate Platform (e.g., delivery status indicators such as delivered, bounced or deferred, to the extent supported by WestCX’s underlying providers), and configurable User reply handling (such as confirmation and cancellation replies) where supported and enabled.
    2. Transmission of Email messages. WestCX will use commercially reasonable efforts to transmit email messages submitted by Customer to the applicable email service providers for delivery to Users; however, actual delivery and timing may be affected by third-party networks, filters, User mail systems and other conditions outside of WestCX’s control.
  2. Additional Terms for WestCX Email Services. The following requirements help promote safety and compliance of email messages sent using the WestCX Email Services.
    1. Customer is solely responsible for:
      1. ensuring that all Email User lists, addresses, and targeting criteria supplied to the Email Services are accurate, up to date, and acquired and used in compliance with Applicable Law. Each email message sent using the Email Services must (a) clearly identify and accurately represent the sender; and (b) include a clear non-deceptive subject line, which accurately describes the content and purpose of the email.
      2. managing and administering Email User opt-out, unsubscribe, or preference requests in accordance with Applicable Law, including where Users exercise rights directly with Customer. Each email message sent using the Email Services must include (a) a physical mailing address where a User can send an unsubscribe request via mail; (b) a conspicuous unsubscribe hyperlink; and (c) a hyperlink to Customer’s privacy policy. Customer must honor all consent withdrawal requests within the lesser of 10 days of the date they are sent or the timeframe required under Applicable Law.
      3. providing all content for email messages. The content of email messages, including any text, images, links, or attachments, and for determining whether any required disclosures, consent language, opt-out mechanisms, or other legally required information is included.
  3. Email Services Limitations. The following limitations apply to WestCX’s Email Services:
    1. Customer acknowledges that email is generally not an encrypted or HIPAA-recommended method of transmitting PHI unless appropriate safeguards (such as encryption or secure portals) are implemented by Customer and/or its third-party providers. WestCX offers a secure third party email service that can be integrated into Customer’s WestCX Orchestrate deployment via amendment to the Order Form. Customer may contact its WestCX account representative for more information.
    2. If Customer elects to use the Email Services to send PHI or other sensitive personal information via unencrypted email or other non-secure configurations, Customer will:
      1. determine whether and under what circumstances such use is permitted under Applicable Law and its own policies;
      2. where legally required, notify Users of alternative secure means for receiving communications; and
      3. where legally required, obtain and document any acknowledgements or authorizations from Users regarding the use of email as a non-secure channel.
    3. WestCX will rely on Customer’s representations and instructions regarding intended Email Users, content and timing. Customer is solely responsible for ensuring that such instructions are compliant with Applicable Law.
    4. Any additional services (including special or expedited campaigns, custom analytics beyond standard reporting or additional creative services) may be provided pursuant to the “Professional Services” section below or require a separate order form or Change Order.
  4. Google Maps Services Integration. The Email Services may be configured to integrate Google Maps Services to aid Users in navigating to locations relevant to Customer. In case of such integration, the Google Maps Services Terms set forth below in the “WestCX Orchestrate Enhancements” Section shall apply.
6. Postcard Services. Subject to the terms of this Service Description and an applicable Order Form, WestCX will send bulk postal mail postcards (each, a “Postcard”) on behalf of Customer to Customer’s designated recipients (each a “Postcard Recipient”) as part of Customer’s reminder, recall or other communication campaigns (each a “Postcard Campaign”).
  1. Scope of Postcard Services. Postcard Services include the following:
    1. Print and Production. WestCX will coordinate printing of standard or custom Postcards using Customer‑approved artwork and content. Postcards will include Postcard Recipient name and address, return address and any Customer‑directed branding, logos, Dynamic QR codes or other elements identified by Customer and/or required by the Order Form. Inclusion of Dynamic QR Codes is subject to the terms of the “Dynamic QR Codes” section of this Service Description.
    2. List Processing and Addressing. WestCX will prepare Postcards based on Postcard Recipient lists provided by Customer, if applicable.
    3. Mailing and Fulfillment. WestCX will coordinate fulfillment and entry of Postcards into the U.S. postal system in accordance with any campaign timelines agreed in the Order Form.
    4. Reporting. Customer may use the Services to run reports summarizing key metrics for Postcards sent using the Services.
  2. Customer Responsibilities. Customer or its designee will:
    1. define and apply appropriate Postcard Recipient eligibility criteria and filters and provide WestCX with Postcard Recipient lists that comply with Applicable Laws, including without limitation any requirements related to age, geography, clinical eligibility or prior engagement history;
    2. ensure that Postcard Recipient contact information is accurate, current and lawfully obtained;
    3. provide or approve all content for Postcards, including message text, graphics and any required disclosures.
    4. ensure that Postcard content does not contain PII beyond what is necessary to address and deliver the Postcard and does not include any PHI or other information that would violate Applicable Laws;
    5. obtain and document any notices, authorizations, permissions or consents required under Applicable Law for WestCX to send Postcards to Postcard Recipients on Customer’s behalf. Customer will provide confirmation of such notices, authorizations, permissions or consents to WestCX upon reasonable request;
    6. administer direct‑mail opt‑out requests and ensure such requests are honored in future mailing lists provided to WestCX; and
    7. ensure that Postcards sent using the Postcard Services do not violate the rights of any third party or any law, rule or regulation governing direct mail communications, including any applicable consumer protection, privacy and marketing laws in the jurisdictions where Postcards are distributed.
  3. Postcard Services Limitations. Customer acknowledges and agrees:
    1. WestCX will rely on Customer’s representations and instructions regarding intended Postcard Recipients, content and timing; Customer is solely responsible for ensuring that such instructions are compliant with Applicable Law.
    2. Any additional services (including special or expedited campaigns, custom analytics beyond standard reporting or additional creative services) may be provided pursuant to the “Professional Services” section below or require a separate order form or Change Order.
    3. If the cost of postage increases following the Effective Date of the Order Form, such increases will be added to the cost of Postcard Services and Customer agrees to pay any such increased postage rates.
WestCX Orchestrate Enhancements
1. LinguaAI™. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide LinguaAI Services through the WestCX Orchestrate Platform. WestCX’s LinguaAI functionality is built-in to certain Services provided by the WestCX Orchestrate Platform. Unlike fragmented translation services, LinguaAI is a scalable tool that uses advanced conversational AI to provide real-time interpretation with voice-first navigation and low-bandwidth accessibility. By so doing, LinguaAI removes language and digital communication barriers and ensures equitable access for Users, regardless of language, literacy or digital proficiency.
  1. Service Capabilities. LinguaAI offers the following capabilities:
    1. Neural machine translation and interpretation: Provides accurate, real-time translation and interpretation with dialect recognition for over 40 languages for voice-based Services and over 100 languages for text-based Services.
    2. Voice-first architecture: Features natural language understanding optimized for spoken interactions, allowing Users with low literacy or visual impairments to navigate care using their voice.
    3. Cultural competency engine: Adapts communication style, tone, and content based on the User’s cultural and linguistic preferences to build trust and improve comprehension.
    4. Multiple languages per call: LinguaAI supports up to 3 languages per Session.
  2. Compatibility. LinguaAI is available for the following Services purchased through the WestCX Orchestrate Platform:
    1. Voice STS;
    2. SMS Messaging; and
    3. RCS Messaging.
2. Dynamic QR Code. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Dynamic QR Code Services through the WestCX Orchestrate Platform. WestCX’s Dynamic QR Code Service is an engagement attribution Platform that connects any QR code media (e.g., physical mailers, print media, digital QR code displays, etc.) to measurable digital actions. It uses unique QR codes to convert QR code media to a digital engagement, with the option of feeding rich, actionable data back into marketing and customer or patient management systems. For customers who take advantage of WestCX’s Total Journey Orchestration by integrating Dynamic QR Code Services with other Services available on the WestCX Orchestrate Platform, the Dynamic QR Code Services move beyond digital conversion to become an agentic system that activates personalized, automated outreach based on a User’s real-world engagement.
  1. Definitions Specific to Dynamic QR Code Services
    1. “Engagement Report” means a written report prepared by WestCX to summarize QR Code Engagement Data generated through User interactions with Customer’s campaigns using WestCX’s Dynamic QR Code Services.
    2. “QR Code Engagement Data” means data collected about Users as a result of a User scanning a QR Code presented in association with WestCX’s Dynamic QR Code Service, including: (1) engagement data (QR Code ID, campaign ID, landing page visited (if applicable)); and (2) technical/usage data (device type used to scan the QR code (e.g., Android or iOS), browser type, time of scan and geolocation of the User at the time of scan (if enabled, as described below)).
  2. Dynamic QR Code Capabilities. WestCX’s Dynamic QR Code Services enable the following:
    1. Dynamic QR Code Generation: Creates a unique QR code for each campaign, thereby enabling attribution.
    2. Personalized Digital Experiences: Connects scans to several feature offers, including mobile-first, pre-populated landing pages that are customized based on QR Code Engagement Data for a frictionless experience.
    3. Analytics & Attribution Reporting: Allows comprehensive reporting on campaign performance, including scan rates, conversion events and geographic engagement.
    4. Campaign Optimization: Insights obtained through reporting (described immediately above) allow Customer to identify the most productive campaigns and achieve cost efficiencies.
    5. Agentic Journey Activation: Upon a scan, automatically prompts the User to initiate interaction via Voice STS, RCS Message, SMS Message or other conversational Channels to continue the engagement.
    6. Enterprise-Grade Compliance: Built with HIPAA controls to protect patient privacy when used in healthcare context.
  3. Dynamic QR Code Services Terms
    1. Dynamic QR Code Services use.
      1. Customer may use WestCX’s Dynamic QR Code Services during the Order Form Term to create QR codes for use in Customer’s campaigns, provide engagement options to Users and obtain reporting on User engagement with such QR codes.
      2. The Dynamic QR Code Services are described as “dynamic” because the Service allows QR code destinations to be modified post-deployment—meaning the destination reached when a User scans a QR Code for a specific campaign can be changed to: (1) enter a telephone number in the User’s phone’s dialing app that the User can then call by pressing the “call” button; (2) populate a text message to a predesignated number in the User’s phone’s messaging app that the User can send by pressing the “send” button; or (3) load a predefined landing page that provides information and/or allows engagement and interaction with the User. Customer controls the content and operation of landing pages. Changing the destination among the three aforementioned options can be done at Customer’s direction without the need to reprint postcards or redeploy other media displaying the Dynamic QR Code.
      3. WestCX will provide an Engagement Report summarizing usage metrics and containing collected QR Code Engagement Data for each Customer campaign up to once per calendar month during the Order Form Term. WestCX’s Dynamic QR Code Services’ default setting is to not collect Users’ geolocation information. Upon direction from Customer, WestCX can enable collection of Users’ geolocation information, and in such case, Users’ geolocation information will be collected the time the User scans the QR Code. Customer acknowledges that geolocation data is considered sensitive personal information in some jurisdictions and Customer agrees that Customer is solely responsible for ensuring compliance with Applicable Law regarding collection and/or use of Users’ geolocation data.
    2. Dynamic QR Code Pricing. Customer’s pricing for the Dynamic QR Code Services shall be as set forth in the Order form. For purposes of measuring Customer’s consumption of the Dynamic QR Code Services, each of the following count as use of a QR Code:
      1. each Postcard printed (e.g., QR code printed on a postcard);
      2. each SMS or RCS Message containing a QR Code; and
      3. each digital instance containing a QR Code.
    3. Additional Terms Specific to the Dynamic QR Code Services.
      1. Customer acknowledges and agrees it is solely responsible for: (i) making backup copies of Customer data and/or QR Code Engagement Data received from WestCX; and (ii) any landing page to which a User may be directed after scanning a QR Code presented in association with WestCX’s Dynamic QR Code Service.
      2. Customer shall not make the Dynamic QR Code Services available to individuals under the age of 18.
3. Google Maps Services Terms. The following terms apply to any integration of the Google Maps Services into one or more Services provided on the WestCX Orchestrate Platform:
  1. Limited Use. Customer may use Google Maps Services solely as integrated into the WestCX Services. Customer’s Users may request up to 100 non-cached map requests per calendar month at no additional cost to Customer. In the event that more than 100 non-cached map requests are made on Customer’s account in a calendar month, additional fees apply.
  2. Customer responsibilities specific to the Google Maps Services. Customer shall:
    1. Clearly disclose that Google Maps Services are used;
    2. Provide Users with clear and conspicuous disclosures regarding (i) data collection and use; and (ii) use of location data.
    3. Require Users to comply with the following:
      1. Google Maps Platform Terms of Services set forth at https://cloud.google.com/maps-platform/terms?hl=en;
      2. Google Maps End User Additional Terms of Service set forth at https://maps.google.com/help/terms_maps/; and
      3. Google Privacy Policy set forth at https://policies.google.com/privacy.
    4. Obtain all necessary consents including: (i) prior, express and revocable consent for collection and use of location data; and (ii) consent for cookies and advertising in association with the Google Maps Services.
  3. Disclaimer. THE GOOGLE MAPS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER ACKNOWLEDGES THAT: (I) MAP DATA MAY BE INACCURATE OR OUTDATED; AND (II) RESULTS MAY DIFFER FROM REAL-WORLD CONDITIONS.
  4. Upon termination or suspension of the Google Maps Services, Customer must delete all Google Maps content in its possession.
4. Payment Collection Services. Subject to the terms of this Service Description and an applicable Order Form, Customer’s Services may be configured to enable payment collection services (“Payment Collection Services”) through the WestCX Orchestrate Platform. In the event that customer’s Services are configured for Payment Collection Services, these additional terms apply.
  1. Permitted Use of Services. Customer may use the Payment Collection Services solely for its legitimate business purposes and strictly in accordance with applicable documentation and instructions provided by WestCX. Customer must not, and must not enable or permit any third party to use the Payment Collection Services for personal, family, or household purposes.
  2. Compliance with Laws and Payment Network Rules. Customer must comply with all Applicable Laws in connection with its use of the Payment Collection Services, including those relating to financial services, anti-money laundering, anti-corruption, sanctions, and consumer protection. Customer must also comply with all applicable rules and requirements of payment method providers (e.g., card networks). Customer must not: (i) conduct business with prohibited persons, entities or jurisdictions; or (ii) use the Payment Collection Services in any manner that could cause WestCX or its suppliers to violate Applicable Law.
  3. Payments and Information Requests. Customer acknowledges and agrees that payment obligations associated with the Payment Collection Services are non-cancelable and fees paid are non-refundable. Customer must promptly provide any information reasonably requested by WestCX to verify compliance with applicable requirements.
WestCX Orchestrate Intelligence Services
1. Insights360. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Insights360 Services through the WestCX Orchestrate Platform. Insights360 is an end-to-end analytics Platform that follows the entire customer journey—from dial to disconnect. Unlike other analytics solutions, Insights360 from WestCX tracks calls through every transfer – spanning virtual agents, queues, contact centers, and even partner sites—ensuring no data is lost. By following each handoff, Insights360 delivers a complete view of call performance and measures effectiveness at every stage. Insights360 is therefore able to identify root causes of escalation, allowing WestCX to recommend modification of agent and/or IVA workflows to improve User satisfaction and prevent process break down.
  1. Insights360 Offerings. Insights360 is offered on two different models, as described below. Only the Insights360 Services shown on an applicable Order Form shall apply.
    1. Subscription Model. The subscription model of Insights360 allows continuous improvement of Customer’s WestCX Orchestrate Services with a monthly recurring fee that offers savings over the engagement model. This model is charged on a subscription basis and is available to Customer only during the applicable Order Form Term.
    2. Engagement Model. The engagement model of Insights360 provides for a limited period of time during which WestCX will deploy the Insights360 Services to monitor Customer’s WestCX Orchestrate Services and make recommendations as set forth in the applicable Order Form. The engagement model is a one-time cost and is available to Customer only during the period of time specified in the applicable Order Form.
  2. Recording. Customer agrees that all calls may be recorded or monitored by WestCX and Customer is solely responsible for and obligated to provide any required notification to participants to ensure compliance with Applicable Law. If the IVA utilized in the service does not currently provide a notification that the call may be recorded within the first 10 seconds of a call, Customer acknowledges and agrees that it is solely responsible for ensuring that such notification is implemented prior to deploying Insights360 in a production environment.
2. Orchestrate Analytics. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Orchestrate Analytics Services through the WestCX Orchestrate Platform. Orchestrate Analytics is a subscription-based analytics and reporting service provided by WestCX in connection with the WestCX Orchestrate Platform. The Service delivers outcome-focused insights to measure and optimize the performance of journeys, campaigns, conversations, and agents, and to provide a governed, consolidated view of engagement performance. Orchestrate Analytics enables Customer to analyze operational, engagement, and outcome performance across the Services Customer purchases on the WestCX Orchestrate Platform. The Service generates analytics outputs, including metrics, visualizations, benchmarks, alerts, and recommendations, derived from Customer Data and other applicable Inputs.
  1. Service Capabilities. Subject to the applicable Order Form, Orchestrate Analytics can include the following capabilities:
    1. Journey and Outcome Reporting. Dashboards and reports measuring journey performance and associated outcomes, including operational, engagement, and conversion metrics.
    2. Engagement and Channel Analytics. Cross-Channel reporting (e.g., Voice STS, SMS Message, RCS Message, email or chat) including interaction volumes, timing, containment, and handoff between self-service and agent-assisted Channels.
    3. Containment and Routing Performance. Analytics evaluating where interactions are resolved and how routing decisions impact efficiency and outcomes.
    4. Outcome and Revenue Intelligence. Analytics that correlate engagement activity with financial or operational outcomes, including performance indicators such as revenue preservation, leakage reduction, or collections effectiveness.
    5. Benchmarking and Trend Analysis. Performance analysis, segmentation, and benchmarking against Service Data, where available.
    6. Alerts and Anomaly Detection. Configurable alerts and analytics designed to identify material deviations from expected performance or thresholds.
  2. Standard and Configured Deliverables. The Orchestrate Analytics Service includes a standard set of dashboards, reports, and data models. Customer-specific configurations, including custom key performance indicators, bespoke reports, or additional data integrations, are outside the scope of Orchestrate Analytics Services and may be offered through a separate Professional Services engagement.
  3. Technical Environment. The Orchestrate Analytics Service ingests and analyzes interaction data from WestCX-hosted Applications; and/or Customer-designated third-party systems (e.g., CRM, EHR, billing systems), where supported and agreed. WestCX is not responsible for availability, performance or accuracy of data ingested from Customer-designated third-party systems and that analytics quality may be affected by those systems’ limitations, outages, etc.
  4. Customer Responsibilities Specific to Orchestrate Analytics. Customer is solely responsible for:
    1. use and integration with any Customer-designated third party systems;
    2. maintaining all required rights, licenses, and consents for any third-party systems;
    3. use of, and decisions made based on, the Outputs of the Orchestrate Analytics Service; and
    4. managing and securing user accounts and permissions for access to Orchestrate Analytics dashboards and exports, including promptly revoking access for departing personnel.
  5. Data Usage and Benchmarking. WestCX may use Service Data and/or deidentified data derived from Customer Data to develop benchmarks, comparative analytics, and service improvements. Neither party will attempt to re-identify any individual or entity from such data. WestCX may rely on Customer-provided data and instructions in the course of configuring and providing the Orchestrate Analytics Services.
  6. Outputs and Limitations:
    1. During the Order Form Term, Orchestrate Analytics provides:
      1. access to dashboards and reports via a web interface;
      2. standard KPI definitions and related documentation; and
      3. data export functionality for supported reports.
    2. Orchestrate Analytics enables data-driven decision-making, but does not implement changes to Customer systems or workflows.
    3. Orchestrate Analytics does not constitute legal, financial regulatory or operational advice, and does not guarantee any particular outcome, savings, or performance level. Customer retains full responsibility for determining whether and how to act on insights generated by the Service.
    4. Customer is solely responsible for decisions made and changes implemented based on Orchestrate Analytics Outputs, including any modifications to scripts, prompts, workflows, routing strategies, staffing models or compliance practices.
    5. WestCX does not warrant that Orchestrate Analytics will identify all errors, inefficiencies or compliance issues in Customer’s environment, or that its recommendations will be error free or suitable for every use case.
    6. Outputs are dependent on the quality and completeness of Customer Data and any third-party inputs.
WestCX Orchestrate Professional Services. Subject to the terms of this Service Description and an applicable Order Form or Change Order, WestCX will provide Professional Services to Customer. WestCX’s Professional Services team includes analysts, user experience designers, software engineers and other customer experience professionals necessary to build and customize journeys on the WestCX Orchestrate Platform and/or perform other services as described in the applicable Order Form or Change Order.
1. Dependencies and Assumptions. The Order Form or Change Order, and pricing set forth therein, was developed based on the following dependencies and assumptions, which if not accurate or adhered to, may require a change in the applicable scope of Services and/or fees. The dependencies and assumptions include:
  1. Customer must identify a primary contact who must be available to WestCX during the entire engagement. Customer may also identify a delegate, if desired. The primary contact (and delegate, if applicable) must have sufficient authority to schedule testing and address any issues that may arise.
  2. WestCX is not responsible for any work activities or tasks that are not specifically stated as WestCX’s responsibility.
  3. Customer will provide resources and information as needed or requested to enable WestCX to sufficiently perform the Services and to ensure timely participation of key technical and business personnel so that the objectives of the project can be accomplished without delay and cost over-runs. This includes access to Customer personnel who can provide timely information related to the business operations, organizational structure, network architecture, security controls, disaster recovery and general daily operational processes and procedures. Customer is solely responsible for providing access to and coordinating any required interviews or testing with Customer’s third parties or service providers.
  4. If Customer does not specifically state in writing to WestCX a failure of a task, deliverable or Service to meet its satisfaction within five business days of delivery, the task will be deemed accepted.
  5. Any services to be performed that are not within the scope of the Professional Services described in the applicable Order Form will be billed at WestCX’s then-current standard hourly rates for Professional Services.
  6. Any disagreement on the scope of WestCX’s obligations will be documented in writing. Both Parties will identify and use commercially reasonable efforts to agree to a resolution within three business days of the disagreement being documented and furnished to both Parties.
  7. WestCX, with input from Customer, will be responsible for planning and performing user level testing, including re-testing after problem fixes. User testing serves as another level of testing and quality assurance before bringing the solution online for Customers After each round of testing, Customer will document in writing any way(s) in which the solution does not conform to the specification. WestCX will make commercially reasonable efforts to correct the documented defect(s) for re-testing as part of the time allocated to support Customer’s user testing activities.
  8. Test data and availability of Customer APIs for Customer’s systems is Customer’s responsibility, including any third-party vendors’ edge systems. Customer will provide the associated expected outcome of Customer systems which will be incorporated into the user test plan.
  9. No load or performance testing is offered as part of the Professional Services. WestCX can provide further information about load testing services upon request.
2. Professional Services Rates. Unless otherwise agreed in the Order Form: (a) Professional Services are billed at a rate of $400 per hour; (b) the hourly rate for Professional Services used during nights, weekends, holidays or as a result of a request for expedited services is $800; and (c) all Professional Services are performed on a time and material basis.
Non-Orchestrated Services
1. Agent Chat. Subject to the terms of this Service Description and an applicable Order Form, WestCX will provide Agent Chat Services. Note, however, that Agent Chat is a stand-alone service that is not provided through the WestCX Orchestrate Platform and is not configurable with Total Journey Orchestration.
  1. Service Overview. The Agent Chat Services enable Customer to offer secure, web-based live-agent chat interactions between Customer personnel (“Agents”) and Users. Agent Chat may be deployed as a digital contact channel accessible through Customer-controlled properties or as an escalation channel from automated or messaging workflows.
  2. Agent Chat Functionality:
    1. Agent Chat Channel. Subject to the Order Form and applicable configuration, the Agent Chat Services enable Customer to deploy and manage web-based live-agent chat capabilities, including the following:
      1. Chat Entry Points. Customer may configure chat entry points that allow Users to initiate chat Sessions with Agents, including: (i) chat widgets or embedded interfaces on Customer-controlled websites, portals, or other digital properties; (ii) secure chat URLs that may be distributed through other Channels (such as Voice STS, SMS Message, RCS Message, email or chat) to allow Users to initiate chat Sessions associated with a particular workflow or interaction; and (iii) limited branding configuration options (such as logos, colors, or greeting text).
      2. Queues, Routing, and Availability. Customer may configure operational settings for Agent Chat, including: (i) chat queues and assignment of Agents or Agent groups to those queues; (ii) routing rules that direct chat Sessions based on entry point, selected topic, or other configured metadata; and (iii) agent availability parameters, including hours of operation, maximum concurrent chats per Agent, and after-hours behavior (such as offline messages or alternate contact instructions), subject to any applicable Service limitations.
      3. Agent Interaction Tools. The Agent Chat Services allow Agents to receive and manage chat Sessions through a browser-based agent interface or other supported interfaces, including the ability to: (i) accept and respond to inbound chat requests; (ii) view configured User context or metadata provided through Customer systems; (iii) transfer chats between Agents or queues; (iv) handle multiple chat Sessions concurrently; and (v) use message templates, quick replies, or similar productivity features where supported.
      4. Monitoring and Reporting. Analytics functionality available through the Agent Chat Services provides operational metrics and reporting capabilities related to Agent Chat activity, including: (i) real-time dashboards showing queue and Agent performance metrics; (ii) historical reporting or data exports related to chat volumes and queue activity; and (iii) chat transcript capture and related analytics where such features are enabled. WestCX will use commercially reasonable efforts to make the Agent Chat Services available and to route inbound chat requests to configured queues and Agents. Actual response times and service levels are dependent on Customer configuration, staffing levels, and external systems.
  3. Usage Measurement.
    1. Chat Sessions. Agent Chat usage is measured in Sessions, as defined above. Messages sent through other Channels that (i) initiate or connect Users to the Agent Chat Services (for example, SMS Messages, RCS Messages or email Messages containing secure chat links), or (ii) are triggered through interactions within the Agent Chat Services (for example, SMS Messages, RCS Messages or email Messages used to verify the identity of a User), are separate Channel communications and will be measured and billed as Sessions or Transactions under the applicable Channel on the WestCX Orchestrate Platform.
  4. Agent Chat Service Limitations. The Agent Chat Services do not include: (i) provision of Agents, staffing, or outsourced contact-center services; (ii) legal, regulatory, compliance, clinical, or medical review of messages, scripts, or workflows; or (iii) creation of clinical, diagnostic, prescribing, financial, legal or other professional advice content. Custom development, specialized integrations, consulting, or other services outside the scope of this Service Description may require a separate Professional Services engagement or amendment to the applicable Order Form and may be billed at WestCX’s then-current rates for Professional Services.
  5. Customer Responsibilities specific to Agent Chat Services. Customer is solely responsible for its configuration and use of the Agent Chat Services, including, without limitation, the following:
    1. Programs, Workflows, and Content. Customer is solely responsible for: (i) defining and approving all use cases and programs implemented through Agent Chat; (ii) providing or approving all message content used with the Agent Chat Services, including greetings, templates, scripts, prompts, disclaimers, and legally required notices; and (iii) ensuring that any clinical, medical, financial, legal or other professional information communicated through Agent Chat is accurate and compliant with Customer policies and Applicable Law.
    2. Agents and Operational Management. Customer is solely responsible for: (i) provisioning and managing all Agent and user accounts that access the Agent Chat Services; (ii) assigning roles, queue memberships, and access permissions; (iii) training Agents and staff on Customer policies and Applicable Law, including privacy, security, acceptable use, and escalation protocols; and (iv) maintaining adequate staffing during published chat hours to meet Customer’s desired service levels.
    3. Customer Infrastructure and Integrations. Customer is solely responsible for: (i) implementing and maintaining any scripts, configuration elements, or code required to deploy chat widgets on Customer systems; (ii) maintaining all Customer infrastructure that interacts with the Agent Chat Services; and (iii) ensuring that integrations with Customer or third-party systems comply with the Contract Documents and Applicable Law.
    4. Privacy. Maintenance and presentation of accurate privacy notices, cookie banners, and terms of use on Customer properties that describe Customer’s use of the Agent Chat Services.
Order Form Terms and Conditions.
1. Term. The duration of the Initial Term shall be as set forth on page 1 of the Order Form. Each “Subscription Term” shall begin on the earlier of the Go Live of the applicable subscription Service or 3 months from the Order Form execution date, and end on the last day of the applicable Subscription Term, including any renewal(s) thereof. Invoicing of the MMC, if applicable, will commence when the Subscription Term commences. All Subscription Terms shall automatically renew without interruption for successive one-year renewal terms (each a “Renewal Term”) unless either party terminates the Order Form or specific subscription Service in writing not less than 90 days prior to the end of the then-current Subscription Term or Renewal Term (as applicable), which termination will be effective at the expiration of then-current Order Form or subscription Service. The “Order Form Term” refers to the Initial Term and all Renewal Term(s).
2. Termination. The Order Form may be terminated as follows (each a “Termination for Cause”):
  1. By either party upon the failure by the other party to perform any material obligation hereunder that is not cured within 60 days after receipt of written notice and demand for cure from the affected party.
  2. By either party upon the material violation by the other party of any Applicable Law in relation to its performance of the Order Form; provided that such right to terminate shall only be available for 30 days from the time that the non-violating party discovered or should have discovered such breach.
  3. By WestCX, upon 10 days written notice if undisputed payments are in arrears. In addition, WestCX may take any or all of the following actions any time undisputed payments are 10 days in arrears: (i) suspend the Services; or (ii) withhold data or reports.
  In the event of any termination of the Order Form other than a Termination for Cause by Customer, Customer shall, within 30 days of such termination, compensate WestCX for all Services provided and costs incurred in accordance with the Contract Documents as well as all MC fees that may be due for all remaining months in the Order Form Term. All termination and non-renewal notices must be sent in writing to WestCX via e-mail to legal@westcx.com. Any individual subscription Services may be terminated in the same manner. Any use of the Services after termination of the applicable Order Form or Subscription may be billed at WestCX’s standard rates.
3. Fees. In consideration of WestCX providing the Services, Customer shall pay to WestCX fees in U.S. Dollars, to a location in the United States designated by WestCX, for the Services provided under the Order Form. WestCX may commence charging for Professional Services and usage-based services as early as the Effective Date. On each twelve (12) month anniversary of the Order Form, WestCX may, in its sole discretion, increase pricing by no more than 8% of the previous term’s pricing, and such rate increases shall appear on Customer’s invoices on a prospective basis. The preceding sentence is independent from, and does not in any way limit WestCX’s ability to adjust pricing for: (i) Postcard Services as a result of increased postage rates; (ii) material increase in Session quantity under the WestCX Orchestrate Capacity model; (iii) average Session lengths exceeding 4.00 minutes for Voice STS Services; or (iv) average RCS message sizes exceeding 5MB. The pricing set forth in the Order Form assumes Customer will be operating under its normal business hours and conditions. In the event Customer requires a special or expedited campaign to address an unusual event including but not limited to a force majeure event, the campaign, Services and pricing for that campaign will be addressed in a separate statement of work or amendment.
4. Invoicing. Payment terms shall be as set forth in the Agreement. The WestCX Orchestrate Platform fee and usage-based Services will be invoiced as incurred. One-Time Charges shall be invoiced upon execution of the Order Form and are non-refundable. Customer’s address shown at the top of the Order Form will be used in the determination of the state and local tax jurisdiction to be applied by WestCX during the invoice process. In the event Customer is a tax-exempt organization, Customer will provide WestCX with its tax-exempt certification; otherwise, WestCX will include tax if applicable to Customer invoices. In the event Customer is required by law to make any deductions or to withhold from Customer’s payment to WestCX, Customer shall pay WestCX such additional amounts so that the net amount WestCX receives from Customer is equal to the full amount for the charges which WestCX would have received from Customer had such withholding not been made.
5. Travel. Any required travel expenses are not included in the fees and will be billed separately. WestCX will use commercially reasonable efforts to travel as efficiently and cost effectively as possible given timing and travel requirements. Valid travel expenses shall be paid in accordance with the terms of the Agreement.
6. Ownership. WestCX or its Affiliates or suppliers retain all right, title and interest, including all intellectual property rights, relating to or embodied in any Platform, Application, Services (including any call flow design, scripts, voice prompts, and voice recordings associated with the Services), including without limitation all technology, telephone numbers, web addresses, software, systems and/or customizations relating to the Services. None of the foregoing shall be considered work for hire, and Customer's pricing for use of any of the foregoing reflects the fact that none of the foregoing are considered work for hire.
7. Feedback. In the event that Customer or its employee(s) or representative(s) provide feedback or suggestions about the Services and/or their experience using the Services (collectively, “Feedback”), WestCX and its Affiliates may use and/or commercialize such Feedback without restriction and without obligation to Customer, provided that Customer’s Confidential Information is not disclosed.
8. Referrals. Customer agrees to make reasonable efforts to act as a customer reference for WestCX and shall, upon WestCX's reasonable request, participate in referenceable case studies about Customer's use of the Services. In addition, WestCX may include Customer’s name and logo on WestCX's published customer lists.
9. Service Geography. The Services provided under the Order Form are intended for use within the United States and Canada only. A written amendment to the Order Form is required for each additional country where Customer desires to use the Services.
10. Change in Law. If any present or future change in Applicable Law requires a modification or waiver of any term of the Order Form, the Parties will promptly and in good faith undertake the actions required by such change in law. In the event of any governmental prohibition or required alteration of the Service, WestCX reserves the right to immediately suspend, modify or terminate impacted Services.
11. Disclaimer of Warranties. WESTCX AND ITS SUPPLIERS PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER WESTCX, NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WESTCX IS NOT LIABLE FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES OR EQUIPMENT FAILURE. THE SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS AND ARE NOT DESIGNED TO RESPOND TO EMERGENCY COMMUNICATIONS.
12. Service Evolution. WestCX reserves the right to modify the Services and/or related features at any time, although WestCX will make commercially reasonable efforts to provide advance notice of such modification. WestCX further reserves the right to change the technology platform used to provide the Services upon ninety (90) days’ prior written notice to Customer and in such case, the parties will cooperate to achieve a successful, timely change.
13. Modification of Terms. WestCX may, from time to time, modify this Service Description. If WestCX makes any material changes to this Service Description, WestCX will update the “Last modified” date below. All modifications will be effective when they are posted, and Customer’s continued accessing or use of the Services will serve as confirmation of Customer’s acceptance to those modifications.
14. Suspension and Enforcement. WestCX may suspend or restrict access to the Services for violations of this Service Description or for security concerns. WestCX reserves the right, but is not obligated, to strictly enforce the terms of the Order Form and this Service Description through self-help, active investigation and/or, litigation.

Last modified: April 2, 2026

WestCX Orchestrate™ Service Description

Executive Team