FIRSTUP AGREEMENT FAQ

We’ve prepared this FAQ to highlight key information about Firstup’s services and to support your team’s review of Firstup’s terms and conditions. This FAQ reflects Firstup’s market-aligned approach to software as a service (“SaaS”) contracting and addresses common legal, security, and operational questions. We’d appreciate you sharing it with anyone involved in the review process, including your legal team.

Our goal is to streamline the review and help you get up and running with Firstup as quickly as possible.

Please note that this FAQ is provided for informational purposes only and does not form part of the agreement with Firstup.

Q. What service does Firstup provide?

Firstup provides a workforce communications software-as-a-service (“SaaS”) platform that enables your internal communications team to engage with employees and contractors, for example, to share important updates such as upcoming open enrollment periods.

The Firstup platform is an off-the-shelf solution, meaning it is not custom-built for individual clients but is configured to meet certain client needs. As a result, acceptance testing is not applicable.

As a SaaS provider, Firstup does not create intellectual property (including works made for hire) for its clients. Clients retain all rights to their own content and materials, while Firstup retains ownership of its platform and related services.

Q. What type of personal information is processed by Firstup?

The only personal information required to be provided to Firstup to use our services is business card information of your employees (e.g., name and work email address).

Depending on your use cases, you may choose to include additional personal data at your discretion, subject to the terms of the agreement.

Our services are not designed or intended for the processing of any sensitive personal information (including, protected health information (“PHI”) or financial information, such as bank account or credit card numbers).

Q. Where is data stored?

If your company is based in the U.S., your data will be stored in the U.S.

Q. Where is data processed?

We may process your data outside of the U.S. (primarily in Ireland and the UK) to provide support and engineering services through our wholly owned subsidiary, Firstup UK. Additionally, a SaaS training platform provider located in Ireland may have access to limited user information (such as names and email addresses) in connection with training your users to use our services. If your company is based outside of the U.S., you may elect to have your data stored in the EU; however, your data may still be processed in the U.S. All data transfers and processing are subject to appropriate contractual requirements and controls that comply with applicable laws.

Q. Can the Firstup services be integrated with third party services?

Yes. Firstup provides “Integrations” with certain “Third Party Products” such as single sign on providers, HRIS systems, and AI (as further described below). Third Party Products are most often licensed directly by you from the third party provider and subject to the third party’s terms and conditions. You do not need to enable Integrations in order to use the core functionality of the Firstup platform.

Q. Does Firstup offer AI functionality as part of its products?

Firstup provides several integrations (as described above) with third party AI tools such as OpenAI. These AI capabilities function through an integration between our platform and the third party AI tools. Firstup does not use client data to train AI models. Third-party AI providers are contractually restricted from using client data for model training. Any use of the third party AI tools via a Firstup Integration is subject to the terms and conditions of the third party AI tool provider, which terms will be identified by Firstup to you.

Q. Why use Firstup’s agreement, and will Firstup consider our terms?

Firstup’s agreement is designed to reflect its services, security practices, and multi-tenant SaaS model, and is consistent with market standards. While we are happy to address reasonable concerns, we do not contract on third-party paper, as doing so does not align with our service model and would significantly extend contracting timelines without materially changing outcomes.

Working from Firstup’s standard agreement helps ensure an efficient process and faster time to launch.

Q. What are Multi-Tenant Cloud Services?

Firstup’s platform is “multi-tenant,” meaning the platform is a single software application accessed by multiple clients (or “tenants”) simultaneously, while separating each client’s environment (and data) from those of other clients. Our services are “cloud” services because they are software applications accessed from a web browser (aka “the cloud”). As a cloud-based service, Firstup does not directly access our client’s systems or physical premises.

Q. How is the agreement structured?

Firstup’s agreement is set up in connected modules. The General Terms apply to all services performed by Firstup. Individual Product Attachments (such as the Platform Product Attachment) address the specific product/service that you are purchasing/licensing.

The Order Form, General Terms, Platform Product Attachment(s), and Professional Services Attachment(s) work together to set out the terms and conditions governing Firstup’s products and services, as illustrated in the graphic below.

The Order Form sets forth the specific details of what's being purchased/ licensed (such as term, pricing, payment terms).

The General Terms sets out the general terms and conditions that would apply to all products and services purchased/ licensed from Firstup.

Product Attachments are supplemental terms that provide more specific details about a particular product or service.

Q. Does Firstup offer termination for convenience?

Firstup does not offer termination for convenience. Firstup makes an investment in each client, and this investment is not recouped for at least 18-24 months. As a result, our pricing is based on a firm commitment from you for the duration of the Order Form.

Q. Where can we learn more about Firstup’s data security practices?

A description of Firstup’s data security practices can be found here. Firstup undertakes an annual SOC2 audit, the results of which can be provided to our clients and prospects (subject to appropriate confidentiality obligations). Further, Firstup’s platform meets ISO 27001 standards. Firstup’s commitment to protecting your organization is also addressed in the agreement, including the Data Processing Addendum. As the provider of a multi-tenant platform (as described above), Firstup maintains a standardized security program and does not typically customize its security practices or Data Processing Addendum for individual clients.

Q. Where can we learn more about the reliability of Firstup’s platform?

Firstup monitors and reports the platform’s performance and scheduled maintenance for the Firstup platform here. Firstup commits to maintaining uptime reliability in its service level agreement (“SLA”) that’s included in the agreement. Firstup’s SLA reflects a consistent, market-standard approach across all clients, with uptime being measured at the platform level.

Q. How do we get our data back when the subscription ends?

You can access or download your data anytime during the term of the subscriptions and for a period of 30 days following the end of your subscription.

Q. How does Firstup address liability under the agreement?

Firstup’s liability framework is designed to align with market standards for SaaS providers while providing meaningful protection to clients. Firstup offers uncapped liability for intellectual property indemnification, gross negligence, and willful misconduct as further described in the agreement. As is standard in the industry, to ensure that Firstup can offer its services at competitive prices, other damages are subject to an industry-standard limitation of liability.

Q. What insurance does Firstup carry?

Firstup maintains market aligned insurance coverages with insurance carriers having an A.M. Best rating of A- or better. Specific coverage is detailed in the agreement. Upon written request, Firstup will provide a certificate of insurance evidencing its insurance coverages.