Who we are and what this covers
These Terms of Service ("Terms") are an agreement between you and Pascat Graphics & Marketing ("Pascat," "we," "us"), a business based in Virginia, USA. They cover the Hi Rickey AI voice assistant ("Rickey"), the website chat with Rickey, the Rickey dashboard, Rickey CRM, the demo line, this website, and any related service (together, the "Service"). The Service is offered at hiricky.com and was previously offered as Voice by EstimatorPRO.
If you use the Service on behalf of a business, you agree to these Terms for that business, and "you" means the business. By creating an account, paying for a plan, or using the Service, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, our SMS Terms, our AI & Call Recording Disclosure, our Refund & Cancellation Policy, and, for business customers, our Data Processing Addendum.
What Rickey is
Rickey is an artificial intelligence. He answers and places phone calls, sends text messages, books appointments, captures caller information, records and transcribes calls, and, with Rickey CRM, takes actions in business software on your instruction. Rickey can misunderstand people, make mistakes, and say things that are wrong. You are responsible for reviewing his work and for any decision you make based on it. Rickey is not a substitute for emergency services, legal, medical, or financial advice, or any licensed professional.
Free demos
Demo calls are free, limited to about two and a half minutes, and offered as-is. We may limit, change, or stop demos at any time. To request an outbound demo, you must verify a phone number you own or are authorized to use. Requesting a demo call to anyone else's number is prohibited.
Pilot program
Before online payments open, businesses can reserve a spot in the Hi Rickey pilot program. Reserving a spot is free and no credit card is required. The one-time setup fee for your plan is due after you review and approve your setup, before Rickey goes live for your business.
Your setup fee includes a set number of pilot minutes of calls, inbound or outbound, and may include a time window to use them, as stated when you join. When your pilot minutes are used up or the window ends, Rickey pauses until you choose a monthly plan. Monthly fees start only if you choose to continue, at your plan's price.
Pilot features, limits, and availability may change while we improve Rickey. Everything else in these Terms applies, including the Refund & Cancellation Policy, the Acceptable Use Policy, and your responsibility for consent on any calls Rickey makes for you. Pilot members keep founding-member pricing for [confirm period, e.g. 12 months].
Hi Rickey Personal
Hi Rickey Personal is for individuals 18 and older. When Rickey calls on your behalf, he identifies himself as an AI assistant calling for you. He calls businesses at your request and you, and he calls other people only after they have agreed to receive calls from him. You may not use Rickey to call anyone who hasn't agreed, to harass or deceive anyone, to impersonate you or anyone else, or to contact emergency services. We may limit how many calls Rickey makes for you each day.
Text messages
Our text message programs, how you opt in, how often we text, and how to stop are described in our SMS Terms & Privacy, which is part of these Terms. Texting is always optional unless you ask for a one-time code. Reply STOP to opt out and HELP for help. Message and data rates may apply.
Your account
You must give accurate information, keep your login details and your Rickey CRM PIN private, and tell us right away if you think someone has accessed your account without permission. You are responsible for everything done through your account and your PIN.
Plans, fees, and billing
Plans are billed monthly in advance at the price shown when you sign up, plus a one-time setup fee. Each plan includes a monthly allowance of call minutes. Taxes are extra where they apply. [Confirm: what happens when a customer exceeds included minutes]
We may change prices with at least 30 days' notice. The new price applies from your next billing period after the notice. If a payment fails, we may pause the Service until it's resolved.
Cancellation and refunds
You can cancel at any time. Cancellation takes effect at the end of your current billing period. Refunds and data export are covered in our Refund & Cancellation Policy, which is part of these Terms.
Health information
Hi Rickey is not a HIPAA-compliant service by default. If you are a healthcare provider or other HIPAA covered entity, you must not use Rickey to collect or store protected health information unless we have signed a Business Associate Agreement with you.
Your responsibilities for calls and texts
You decide who Rickey calls and texts on your behalf, and you are solely responsible for doing so lawfully. That includes, without limitation:
- obtaining every consent required by the Telephone Consumer Protection Act (TCPA), state telemarketing and "mini-TCPA" laws, and any other applicable law before Rickey calls or texts anyone, including prior express written consent where required for calls using an artificial or AI-generated voice;
- scrubbing your lists against the National Do Not Call Registry, applicable state registries, and your own internal do-not-call list;
- setting lawful calling hours, and giving any disclosures your industry or state requires;
- meeting any recording-consent requirements that apply to you and to the people Rickey talks to; and
- following the Acceptable Use Policy.
Rickey honors do-not-call requests and our suppression list, but those tools do not replace your own compliance obligations.
Your data and content
You own the information you and your callers provide, including your lead lists, recordings, transcripts, and business details ("Your Data"). You give us permission to store, process, and use Your Data to provide, secure, support, and improve the Service, as described in our Privacy Policy. We do not sell Your Data.
If you upload a voice sample to create a custom voice, you confirm that it is your voice or that you have written permission from the person whose voice it is to create and use an AI version of it for your business.
Our property
The Service, including Rickey's name, personality, voice persona, scripts, prompts, training materials, call flows, software, dashboards, measurement and estimating technology, and designs, belongs to Pascat and its licensors. Hi Rickey™, Rickey™, and EstimatorPRO™ are trademarks of Pascat Graphics & Marketing. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, resell (except through an approved white-label agreement), reverse engineer, scrape, record or transcribe Rickey to extract his instructions or methods, attempt to get Rickey to reveal his instructions, or use the Service or its outputs to build or train a competing product.
Third-party services
The Service relies on third-party providers for phone connectivity, text messaging, speech and language processing, and voice generation, and may connect to third-party CRMs you choose. Those providers operate under their own terms, and we are not responsible for their outages or changes. We will make reasonable efforts to keep the Service running, but we do not guarantee it will be uninterrupted or error-free.
Suspension and termination
We may suspend or end your access immediately if you break these Terms or the Acceptable Use Policy, if your use creates legal risk or harm for us, our carriers, or others, or if we're required to by law or by a carrier. We may also end the Service for convenience with 30 days' notice, with a prorated refund of any prepaid fees for the unused period.
Disclaimers
Except as expressly stated in these Terms, the Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise any particular number of leads, appointments, sales, or other business results.
Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose. These limits do not apply to your indemnity obligations or your breach of the Acceptable Use Policy.
Indemnity
You will defend and indemnify Pascat against any claims, fines, penalties, and costs (including reasonable attorneys' fees) arising from the calls and messages Rickey makes at your direction, your lists and consents, Your Data, your custom voice, or your breach of these Terms or applicable law.
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in [county / city], Virginia, and both parties consent to that jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.
Changes to these Terms
We may update these Terms. If a change is material, we'll notify account holders by email or in the dashboard at least 14 days before it takes effect. Continuing to use the Service after that means you accept the updated Terms.
Contact
Pascat Graphics & Marketing
[mailing address]
[legal contact email]