Conversations Matter !

Last Revised: March 2, 2020

1. Definition of “Nudge”

For billing purposes, Nudges are a “currency” reflecting the cost of various communication actions using the Engage Conversation Engine. These actions include Phone Calls, Text Messaging via SMS or MMS, Ringless Voicemail Drops, and autonomous Action Plan events. Each separate action, whether initiated manually, using the EngageCRM Call-Assist features, or as part of an autonomous Conversation Sequence, is assessed a Nudge cost as described below.

2. Usage & Billing – Volume Nudge Plans

All EngageCRM Conversation Engine Volume service plans include a monthly allotment of Nudges, which can be used in combination for various communication actions. Please refer to your plan description for the Nudge allotment applicable to the plan. “No Plan” service does not include a monthly Nudge allotment – you are charged an overage fee for each Nudge used during the applicable billing cycle.

Even after you’ve used up your monthly Nudge allotment, you may continue to use Conversation Engine, but you will be charged an additional overage fee for each Nudge until the end of the current billing cycle. Please refer to your plan description for the overage fee applicable to the plan.

We encourage you to monitor your own usage proactively. Your EngageCRM dashboard provides a link to your up-to-date usage statistics. To help manage your usage, we may send an email (to the email address on your account) notifying you that you are close to exceeding your monthly Nudges. You should not rely on such notifications as they may not arrive in time to notify you of any overage. After you have reached the maximum allotment, we may send you further notifications advising you of the additional Nudge fees, and a summary of these charges at the end of the billing cycle.

3. Optional Nudge Limit

If you’re subscribed to a Volume Nudge Plan, you may wish to use the EngageCRM settings to set a monthly Nudge Limit. Once you have reached this limit, all autonomous Conversation Sequences and Action Plans will be paused, and when attempting to send messages manually you will receive a warning message. This will remain in effect until the end of the current billing cycle. Note that all Conversation Sequences and Action Plans will remain paused and must be reactivated when the next billing cycle begins.

If you wish to continue using Conversation Engine on reaching your Nudge Limit, you have two options: 1. Upgrade your service plan and use the additional Nudges included; or 2. Remove the Nudge Limit and continue subject to the applicable overage charges of your current plan.

4. Usage & Billing – Unlimited Conversations

When subscribing to an Unlimited Conversations service plan, you can use an unlimited number of Nudges in any combination for various communication actions when contacting New or Returning Leads. “New or Returning Leads” are contacts who are actively engaged in conversation with you – they have expressed interest by responding to a marketing campaign, or by contacting you directly.

Unlimited Nudges will continue to be available for a New or Returning Lead until 14 days past their last response. After that, the conversation and unlimited Nudge status ends.

All Nudges (with the exception of Unlimited Calling below) to contacts outside of an active conversation are considered Re-engagements. Re-engagement Nudges will be charged first toward any current Volume Nudge Plan. If the current plan has used up its monthly allotment of Nudges, or if there is no plan, Re-engagement Nudges will be charged an overage fee applicable to your level of service.

Please refer to your plan description for the number of Unlimited Conversations leads available for each applicable billing cycle. Once you have used up your monthly allotment, you may continue to use Conversation Engine, but you will be charged for each Nudge until the end of the current billing cycle. Nudges will be charged first toward any current Volume Nudge Plan. If the current plan has used up its monthly allotment of Nudges, or if there is no plan, additional Nudges outside of an active conversation will be charged an overage fee applicable to your level of service.

It is important to use Unlimited Conversations responsibly. Please review the Regulatory Compliance section of this policy below. Nudges are still tracked for Unlimited Conversations, to assess Fair Usage and for statistical analysis.

5. Usage & Billing – Unlimited Calling

When subscribing to an Unlimited Calling service plan, you may use EngageCRM Call-Assist features at any time, to call any contact in your EngageCRM database. Please note that Call-Assist does not prevent you from calling contacts who may not be legally contacted according to applicable telemarketing regulations.

Unlimited Calling is subject to the same policies for Phone Calls as set out in the section below.

It is important to use Unlimited Calling responsibly. Please review the Regulatory Compliance section of this policy below. All calls are still tracked as Nudges, to assess Fair Usage and for statistical analysis.

6. Imported & Manually-Added Contacts

You may import or manually add contacts to EngageCRM. To be able to use Nudges to message these contacts, you must confirm that you have proof of their consent at the time of import/manual-add. You are responsible for maintaining your own records of original consent for imported leads.

Contacts imported or manually added into EngageCRM are not New or Returning Leads and are ineligible for Unlimited Conversations, unless the lead becomes actively engaged with you through their own action. Provided you are able to establish consent, you are permitted to use Nudges to message these contacts, with Nudges charged against your current Volume Nudge Plan. If the current plan has used up its monthly allotment of Nudges, or if there is no plan, Nudges will be charged an overage fee applicable to your level of service.

Fair Usage. If your import or manual creation of contacts grossly exceeds average typical EngageCRM usage, ConsulNet may, at its option, suspend or terminate your service. Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ConsulNet may offer you an alternative plan.

7. Regulatory Compliance

You are strongly advised to review our Regulatory Compliance Summary (documentation available in the Help section of your Command Center) and to consult your own legal representation to understand your responsibilities when using EngageCRM. In particular, you must not call or message anyone for whom you cannot establish consent or other legal grounds for contact. If your use of EngageCRM is found to be non-compliant or unlawful, ConsulNet Computing Inc. (“ConsulNet”) may, at its option, suspend or terminate your service. Regulatory Compliance is a condition of your ConsulNet Terms of Service.

ConsulNet does not tolerate spam, and our systems monitor unsubscribe and spam reporting activity. If atypical activity is detected, ConsulNet may, at its option, suspend or terminate your service. Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service.

8. Phone Calls

There are three types of Phone Calls possible with EngageCRM Conversation Engine. These are:

1. System Calls, where you connect your personal phone to the EngageCRM system (e.g. when you click the “GO” button in EngageCRM Call-Assist);
2. Outbound Calls, where the system connects you to a prospect/client; and
3. Inbound Calls, where a prospect/client calls your EngageCRM Virtual Number and the system puts the call through to you.

For each type of Call, a duration between 10 seconds and 10 minutes is charged as 1 Nudge. Every additional 10 minutes are charged an additional 1 Nudge. Calls of less than 10 seconds duration are not charged.

During System and Outbound Calls, you can initiate communication actions such as dropping a ringless voicemail or sending a pre- or post-call text message. These actions are charged in addition to the duration charges for the current Call.

EngageCRM is not intended to replace your office phone system. You are not advised to advertise your EngageCRM Virtual Number or promote it as a general phone number for your business. Be aware that over time, Inbound Calls to your Virtual Number may increase due to previous contact with leads. You may wish to notify your leads to contact your regular phone system to avoid excessive Inbound Calls to your EngageCRM Virtual Number.

Fair Usage. Voice services are provided for live dialog between two individuals. If your use of our voice services is deemed to have a negative impact on ConsulNet and everyone’s ability to use EngageCRM, ConsulNet may, at its option, suspend or terminate your service, change your plan to one with a higher monthly allotment of Nudges, or charge you additional per-minute call fees. This includes, but is not limited to:

• Voice usage (System, Outbound, or Inbound) that grossly exceeds the average typical EngageCRM usage.
• Voice calls that are deemed to have abnormal durations. Abnormally long calls may be disconnected and require a re-dial after a set duration.
• Voice calls made to or from abnormal or atypical locations. EngageCRM is intended to be used with businesses and contacts within the geographical boundaries of North America.

Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ConsulNet may offer you an alternative plan.

Our services and plans are designed for you to use predominantly in your local calling area. If your usage of our voice services exceeds a reasonable amount of long distance calling, ConsulNet may charge you additional per-minute call fees. Please contact us to review plans and pricing if your business involves frequent contact with leads outside your local calling area.

9. Text Messaging (SMS and MMS)

All incoming and outgoing text messages to/from your EngageCRM Virtual Number are charged Nudges as follows:

• A single text message via SMS protocol of 160 characters or less is charged as 1 Nudge.
• Per standard protocol, an SMS message longer than 160 characters will be broken down into separate messages of up to 153 characters each, and each separate message is charged as 1 Nudge.
• MMS protocol is used to send additional data, such as photos or video messaging. As a premium data service, a single message via MMS is charged as 2 Nudges.

You are not advised to advertise your EngageCRM Virtual Number or promote it as a general text messaging number for your business.

Fair Usage. If your use of our text messaging services grossly exceeds average typical EngageCRM usage, ConsulNet may, at its option, suspend or terminate your service, or change your plan to one with a higher monthly allotment of Nudges. Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ConsulNet may offer you an alternative plan.

10. Email (including Gmail Integration)

• A single outgoing email message is charged as 1 Nudge, when sent as part of an Outbound Call Plan, autonomous Conversation Sequence, or Action Plan.
• Outgoing email sent through EngageCRM manually, or as part of a follow-up drip email plan (“E-Plan”), is NOT charged toward your Nudge allotment.
• Incoming email messages are NOT charged toward your Nudge allotment.

Fair Usage. If your use of our email services grossly exceeds average typical EngageCRM usage, ConsulNet may, at its option, suspend or terminate your service, or change your plan to one with a higher monthly allotment of Nudges. Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ConsulNet may offer you an alternative plan.

11. Ringless Voicemail

• A Ringless Voicemail Drop is charged as 1 Nudge, whether initiated manually during an Outbound Call, or as part of an autonomous Conversation Sequence or Action Plan.

Fair Usage. If your use of our ringless voicemail services grossly exceeds average typical EngageCRM usage, ConsulNet may, at its option, suspend or terminate your service, or change your plan to one with a higher monthly allotment of Nudges. Where reasonable, ConsulNet will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ConsulNet may offer you an alternative plan.

12. Action Plan Tasks

• Action Plan Tasks are NOT charged as Nudges.