(prior version of the Additional Product Terms available to view here)

THESE INTERCOM ADDITIONAL PRODUCT TERMS (“ADDITIONAL PRODUCT TERMS”) DESCRIBE THE SPECIFIC TERMS THAT APPLY TO CERTAIN INTERCOM SERVICES, PRODUCTS OR FEATURES OFFERED BY INTERCOM (EACH, AN “ADDITIONAL PRODUCT”). THESE ADDITIONAL PRODUCT TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE INTERCOM TERMS OF SERVICE OR INTERCOM MASTER SAAS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”),AS APPLICABLE BETWEEN INTERCOM AND THE ENTITY THAT ENTERED INTO THE AGREEMENT (“CUSTOMER” OR “YOU”) WITH INTERCOM.

In the event of a conflict between the Agreement and the Additional Product Terms, the applicable Additional Product Terms will control to the extent of the conflict. A violation of these Additional Product Terms is a violation of the Agreement. Capitalized terms not defined herein have the meaning given to them in the Agreement.

AI Products

The Services include AI products/features (“AI Products”) that utilize third party AI companies’ technology (“Third Party AI Providers”) and/or Intercom's proprietary machine learning technology, which are governed by the terms set out below. A list of AI Products can be found here. Intercom reserves the right to update the list of AI Products from time to time.

1. Processing by Third Party AI Providers. Third Party AI Providers act as sub-processor of any personal data contained in Input (as defined below). All personal data processing activities by Third Party AI Providers will be governed by the DPA in place between Intercom and Customer. A current list of Third Party AI Providers is found in our Subprocessors' List. Customer Data will be sent to such Third Party AI Providers.

2. Input and Output.

Input and Output are Customer Data under the Agreement and subject to the rights, restrictions and obligations applicable thereto. Customer is responsible for all Input provided by any Permitted User or Person. Customer will only provide and/or instruct Intercom to use Input and Output where the Customer is authorized to provide such data, content and information to Intercom for the purposes set out in the Agreement. Third parties may submit information or materials to an AI Product that generate results that are identical or similar to Output (“Third-Party Results”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Results.

3. Responsibility for use of an AI Product and Output: Customer is responsible for its use of the AI Product(s) and Output, including responsibility for determining the ongoing suitability of its use of the AI Product(s) and Output having regard to Customer’s intended use of the AI Product and/or legal and regulatory obligations in the jurisdiction(s) in which Customer operates.

4. ePHI Data. Customer shall be solely responsible for the development, content, and integrity of any electronic protected health information (ePHI) submitted to an AI Product by or on behalf of Customer, its Permitted Users and People. To the extent applicable, Customer is solely responsible for ensuring accurate matching (including patient matching) so that Input that contains ePHI is properly matched to Output and that Output is returned to the appropriate end user.

5. Accuracy. Output may contain material inaccuracies and may not reflect correct, current or complete information. Do not rely, or encourage others to rely, on any Output without independently evaluating its accuracy and appropriateness of use, including, without limitation, by using human review. Intercom makes no representations or warranties and provides no indemnities with respect to Output. The AI Products and Output are not intended to substitute for the services of properly trained and licensed individuals.

6. Transparency. You will ensure that: (i) People are informed that they are interacting with an AI system, (ii) Output is clearly marked as artificially generated or manipulated, and (iii) Output is not falsely represented as being human-generated.

7. Rights to Use. Customer permits each Third Party AI Provider to use the Input to deliver Output, comply with applicable Laws, and enforce its respective policies (as specified in section 8.1). Intercom contractually restricts Third Party AI Providers from using Customer Data for training or otherwise improving Third Party AI Provider's services.

8. Restrictions on Use. In addition to any general obligations and restrictions pertaining to Customer's use of Services under the Agreement, Customer represents and warrants that:

8.1Customer will not, nor permit others to, use the AI Products or any Outputs in violation of Intercom's Acceptable Use Policy (“AUP”) (https://www.intercom.com/legal/acceptable-use-policy) nor any relevant third party terms, policies or other agreements applicable to your use of the AI Products (as set out below and incorporated herein or as may be referred to in our AUP, and which may be updated from time to time):

8.2Customer will not, nor permit others, to: (i) use an AI Product to develop any AI models that compete with Intercom or a Third Party AI Provider; or (ii) use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of an AI Product (for example model parameters, algorithms, prompts), except to the extent such restrictions are contrary to applicable law.

8.3Customer will not modify the intended purpose of an AI Product, including in such a way that the AI Product could be classified as high-risk or prohibited under applicable AI legislation or in a way that violates the AUP.

9. AI Products for human support evaluation. If Customer uses an AI Product to evaluate the performance of its human support agents the evaluation and related conversation data may constitute personal data about the human support agent and, in such case, will be treated as Customer Personal Data under the DPA. Customer assumes sole responsibility for ensuring that such use of an AI Product complies with all applicable laws and regulations.

10. Pricing & Usage Limits. Customer agrees to the pricing for the relevant AI Product specified in the Pricing Page, Documentation or Order Form, as applicable. Intercom may monitor and limit or suspend Customer's usage of an AI Product if Intercom believes Customer's usage may bypass or circumvent any rate limits as specified in Customer’s workspace, Order Form or Documentation (if applicable); negatively affect the security, performance, integrity or commercial viability of any Services; violate the Agreement, the AUP or the relevant third party terms and policies; or otherwise impose liability on Intercom.

11. Fin Voice AI Agent Supplemental Terms. In addition to the AI Product terms, the following supplemental terms apply ONLY to Customer’s use of Fin Voice AI Agent (“Fin Voice”).

11.1Fin Voice Call: a voice/phone call from a Person that is routed to Fin Voice.

11.2.Voice settings: Customers can use the default synthetic voice option or choose from a number of pre-selected synthetic voices for Fin Voice. Intercom reserves the right to alter the list of synthetic voices available to Customer, including removing certain synthetic voice options on notice to Customer. Intercom accepts no liability for Customer's use of synthetic voices.

11.3.Fin Voice Outcomes: Fin Voice Outcomes are defined in this help center article.

11.4.Fair Use Limits: Customer agrees that each Fin Voice Call is subject to a fair use limit, being (i) an average call length of seven minutes and/or (ii) Customer’s Fin Voice AI Agent engaged in no more than 100 concurrent Fin Voice Calls (“Fair Use Limit”). If Customer’s average monthly call length exceeds the Fair Use Limits, Intercom reserves the right to charge Customer for any usage beyond the Fair Use Limit.

11.5.Prohibited Use Policy: Customer will not, nor permit others to, use Fin Voice in violation of ElevenLabs Prohibited Use Policy, available here: https://elevenlabs.io/use-policy (which may be updated from time to time).

Data Connectors

1. Data Connectors retrieve and/or send live data between Customer’s Intercom workspace and Customer’s own systems and/or external third-party systems that are selected by Customer to be connected to the Intercom workspace (“Connected Services”).

2. Customer is responsible for configuring its Data Connectors including, but not limited to, any API or template-based Data Connectors, and for implementing and operating the authentication and identity verification controls required to securely connect those Data Connectors to Connected Services. Intercom does not accept any responsibility or liability for any claim arising from inadequate authentication and/or identity verification of a Data Connector.

3. Data received via a Data Connector is considered Customer Data. Intercom does not validate any data received via a Data Connector and is not responsible for any inaccuracies, errors, or harms resulting from any data received via a Data Connector.

4. Data Connectors must not be used in any way that violates the terms of the AUP.

5. Customer acknowledges and agrees that Intercom has no responsibility or liability for any Connected Services.

Switch (Switch Phone-to-Messaging)

Switch is a service provided for the purpose of reducing inbound phone call volume by deflecting calls to chat messages through the Services. During a Trial Period of Switch, Intercom will cover the cost of each Switch SMS message sent by Intercom on your behalf, provided that you do not exceed applicable usage limitations. Intercom reserves the right to suspend your access to Switch at any time if, in its discretion, Intercom determines you have exceeded any applicable usage limitations or that your usage of Switch has become excessive such that it impacts the operability, integrity, or security of the Services and/or your usage violates the Intercom Acceptable Use Policies or Agreement. Access may be reinstated once usage is reduced to reasonable levels, as determined by Intercom and/or until such impact is resolved to Intercom's satisfaction.

Intercom Phone

Intercom Phone is a feature that allows Customers to make and receive phone calls, video calls and screen share from the Intercom Services.

1. By using Intercom Phone, Customer acknowledges and agrees that Twilio, Inc. (as Intercom's third party voice and video service provider and listed Subprocessor) processes any Customer Data required for the provision of Intercom Phone.

2. The Customer is responsible for enabling and disabling the Recording and transcript feature (“Recording”) within Intercom Phone. By enabling Recording, the Customer confirms, in accordance with Section 3, that it is solely responsible for obtaining the necessary consent for Recording of all calls made using Intercom Phone. Recordings are considered Customer Data for the purpose of the Agreement and the Data Processing Addendum.

3. In accordance with the Customer Obligations specified in the Agreement, Customer is solely responsible for ensuring it has obtained all necessary rights, consents and permissions to collect, store, share and use all Customer Data required by Intercom to provide Intercom Phone, including Recording where enabled.

4. Customer is solely responsible for operation of Intercom Phone in compliance with all applicable laws in all jurisdictions in which Intercom Phone is offered or used by a Person, including, but not limited to, telephone recording laws, wiretapping laws, and laws and regulations related to telemarketing, robocalling, call spoofing, and spam, such as the Telephone Consumer Protection Act, Do Not Call Implementation Act, the Telemarketing Sales Rule, and CAN-SPAM Act and associated regulations.

5. To the extent that Customer is required to have an address within the jurisdiction or to provide additional information or documentation to purchase or use a phone number for Intercom Phone within the jurisdiction (Customer Phone Number), Customer agrees to provide this information to Intercom on request. Customer further authorizes Intercom to disclose the provided information to Twilio, Inc., any necessary governmental agency or designated industry group, and the telecommunications entities generating the phone number or providing it to Twilio, Inc.. Such information will be considered Confidential Information under the Agreement. A Customer Phone Number in the relevant jurisdiction may be taken out of service or not provisioned if Customer is unable to provide the requested information.

6. The CUSTOMER REPRESENTS AND WARRANTS that:

6.1.It will use Intercom Phone in accordance with the Twilio AUP available here (https://www.twilio.com/en-us/legal/aup)

6.2.It will not use Intercom Phone for:

6.2.1.telemarketing; robocalling or artificial voice call purposes;

6.2.2.To place calls that violate laws that prohibit unsolicited marketing calls (e.g., telemarketing and “do-not-call” laws);

6.2.3.to initiate calls using misleading or inaccurate caller ID information to the recipient of a voice call;

6.2.4.to initiate voice calls that generate an unacceptable number of complaints (determined at Intercom's sole discretion) from People, telecommunications providers, law enforcement agencies, or regulators.

6.2.5.to have, in a given month and as determined by Intercom in its sole discretion (a) a high volume of unanswered outbound voice call attempts from a single originating phone number or (b) a low average outbound voice call duration.

7. Telecommunications providers may independently block Customer's use or access to the Telecommunication providers' networks if Customer engages in any of the prohibited activities identified in Section 6. Intercom has no liability to Customer in respect of any impact this may have on Customer's ability to use Intercom Phone.

8. Customer will indemnify, defend and hold harmless Intercom from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with Customer's obligations under these Additional Product Terms.

9. If and to the extent that (a) Intercom Phone is a number-based or number independent interpersonal communications service under the European Electronic Communications Code (as established by Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018) (the “EECC”), (b) the Customer is considered a micro-enterprise, small enterprise, or not-for-profit organization and (c) Intercom provides Customer with Intercom Phone within the European Economic Area or the United Kingdom, the Customer hereby agrees to waive any rights (to the extent applicable) that Customer may have under: (i) Article 102(1) of the EECC, which would allow Customer to receive certain pre-contractual information; (ii) Article 102(3) of the EECC, which provides for the Customer to receive a contract summary; (iii) Article 102(5) of the EECC, which allows Customer to monitor and control usage of interpersonal communications services; (iv) Article 105(1) of the EECC, which limits the maximum contract duration; (iv) Article 107(1) of the EECC, which extends other rights in the EECC to all services provided under the Agreement; and (v) Article 107(3) of the EECC, which relates to contract extensions, (collectively, the “EECC Waivers”).

10. Without limiting Intercom's termination or other rights under the Agreement, Intercom reserves the right to suspend Customer's access to Intercom Phone in whole or in part, without liability to Customer if Customer's use of Intercom Phone is in violation of these Additional Product Terms.

11. Intercom Phone does not support emergency calling to emergency services. Customer agrees not to enable or attempt to use outbound voice functionalities of Intercom Phone to contact official, government-sponsored emergency telephone numbers (such as but not limited 911 or 112) which are used to dispatch professional emergency responders for emergency services (“Emergency Services”).
    Customer is required to notify Permitted Users prominently and clearly that access to Emergency Services are not available on Intercom Phone. The Customer represents and warrants that it has arranged for and provides other methods for Emergency Communications to be available at all times to any Permitted Users of Intercom Phone.
    NEITHER INTERCOM NOR ITS REPRESENTATIVES WILL BE LIABLE FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS (AND YOU WILL INDEMNIFY, DEFEND AND HOLD INTERCOM HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE INTERCOM PHONE TO CONTACT EMERGENCY SERVICES.

12. By enabling or otherwise using Intercom Phone, Customer agrees to pay usage and other applicable charges based on the published rates set forth in the Intercom Phone pricing page, as such rates may change from time to time. Intercom may, at its discretion, pass-through to Customer any additional fees imposed by Twilio Inc., or other third party, related to Customer's use of Intercom Phone. Charges may be billed: (i) in arrears on a monthly basis or (ii) if Customer elects, on a prepaid basis for committed Intercom Phone monthly usage fees. Committed fees will be applied toward charges incurred by Customer from its use of Intercom Phone features such as phone numbers, calls, recordings and Messenger calls, but excluding any applicable regulatory fees or taxes. Customer will be invoiced for, or its recurring payment method automatically charged, for committed fees in advance of each billing period. If Customer’s actual usage exceeds the prepaid, committed fee in any given month, Customer will incur additional usage charges (calculated based on then-current published rates). Additional usage charges will be billed in arrears in the following month after the charges were incurred. Prepaid, committed amounts will not roll over to subsequent month(s) if unused at the end of the month.
    If Customer makes changes (i.e., adds or removes) phone numbers provisioned to Customer's account during a given contract month, Customer will be billed the full monthly fee for the applicable phone number, regardless of when the phone number is added or removed. To the extent permitted by law, Intercom may assess, and Customer agrees to pay, applicable regulatory fees and taxes associated with Intercom Phone utilized by Customer.
    If Customer receives early access (offered without charge for a limited time) to Intercom Phone, such access is subject to the trial subscription terms set forth in the Agreement and may be subject to usage limitations. If Customer exceeds any applicable usage limitations, Intercom reserves the right to suspend Customer's access to the Services without liability. Upon notification of the expiration of the early access period, if Customer continues to use Intercom Phone following the expiration date, Customer will be charged, and Customer agrees to pay, for any continued use based on the then-current published rates and in accordance with the terms and conditions of the Agreement.

SMS Channel

SMS is a service provided for the purpose of sending and receiving SMS messages through the Services.

1. You are responsible for ensuring that your use of SMS is in compliance with any applicable telecommunications regulatory requirements.

2. You further acknowledge and agree that SMS messages sent may be charged regardless of whether they have been filtered by your carrier and that you are responsible for payment of such charges if and when incurred.

3. Intercom reserves the right to suspend your access to at any time SMS if, in its discretion, Intercom determines you have exceeded any applicable usage limitations or that your usage of SMS has become excessive such that it impacts the operability, integrity, or security of the Services and/or your usage violates the Intercom Acceptable Use Policies or Agreement. Access may be reinstated once usage is reduced to reasonable levels, as determined by Intercom and/or until such impact is resolved to Intercom's satisfaction.