Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PicoCrate LLC ("PicoCrate," "Company," "we," "us," or "our") concerning your access to and use of the picocrate.com website and our AI voice agent services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

2. Description of Services

PicoCrate provides AI-powered voice agent services that:

• Answer incoming phone calls on behalf of your business
• Qualify leads and collect caller information
• Schedule appointments and manage calendars
• Provide information about your products and services
• Transfer calls to appropriate team members when needed
• Operate 24/7/365 without human intervention

Our Services are designed for businesses in healthcare, real estate, insurance, home services, and legal industries, with bilingual support in English and Spanish.

3. Account Registration and Security

To use our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Transmit any malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to make harassing, threatening, or deceptive calls
• Violate any applicable federal, state, or local laws or regulations
• Infringe upon the intellectual property rights of others
• Misrepresent your identity or affiliation with any person or entity

5. Payment Terms

5.1 Fees and Billing

You agree to pay all fees associated with your selected service plan. Fees are billed in advance on a monthly basis. Pricing details are available on our Pricing page.

5.2 Setup Fees

One-time setup fees are charged at the start of your service and include initial configuration, voice agent training, and integration setup. Setup fees are non-refundable.

5.3 Overage Charges

If you exceed your plan's included minutes, overage charges will apply at the rates specified in your service agreement.

5.4 Refunds

Monthly subscription fees are non-refundable. We do not provide prorated refunds for partial months of service.

6. Intellectual Property Rights

The Services, including all content, features, and functionality (including but not limited to software, text, displays, images, video, and audio), are owned byPicoCrate, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes, subject to these Terms.

7. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.

For healthcare clients requiring HIPAA compliance, additional terms in our Business Associate Agreement (BAA) will apply. See our HIPAA Compliance page for more information.

8. Service Availability and Support

We strive to maintain 99.9% uptime for our Services. However, we do not guarantee uninterrupted access and may occasionally suspend the Services for maintenance, updates, or circumstances beyond our control.

Technical support is available during business hours (9:00 AM - 6:00 PM EST). Our AI agents operate 24/7/365.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICOCRATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability for any claims under these Terms shall not exceed the amount you paid us during the twelve (12) months prior to the claim.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

11. Indemnification

You agree to defend, indemnify, and hold harmless PicoCrate, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Termination

Either party may terminate this agreement at any time with 30 days' written notice. We may immediately suspend or terminate your access to the Services if:

• You breach any provision of these Terms
• You fail to make timely payment
• Your use of the Services poses a security risk
• Required by law or legal process

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination shall survive.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you andPicoCrate regarding your use of the Services.

17. Contact Information

For questions about these Terms of Service, please contact us: