Terms of Service

These Terms govern your access to and use of Voice by EstimatorPro and related services. Please read them carefully — by using the Service, you agree to them.

1. Who we are

"Voice by EstimatorPro" (the "Service") is a product of Pascat Graphics & Marketing ("Pascat," "we," "us," or "our"). EstimatorPro is a brand operated by Pascat. In these Terms, "you" or "Customer" means the business or individual that registers for, is provisioned, or uses the Service.

2. Acceptance of these Terms

By signing an order form, clicking to accept, paying an invoice, or using the Service, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, Calls & Messaging Terms, and Refund Policy, all of which are incorporated by reference. If you are agreeing on behalf of a business, you represent that you have authority to bind it.

3. The Service

The Service is an AI-powered phone receptionist and lead-capture platform that may answer inbound calls, hold automated conversations, qualify callers, book appointments, send and receive text messages, provide a website chat widget, and deliver leads, transcripts, and recordings to you, depending on your plan. Features vary by plan and may change over time as we improve the Service.

4. Eligibility & accounts

You must be at least 18 years old and operate a lawful business to use the Service. You are responsible for the accuracy of the information you provide, for keeping your account credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use.

5. Plans, fees, setup & billing

• Subscription fees. The Service is offered on month-to-month plans billed in advance. Current plans and prices are shown on our Pricing page or your order form.
• Setup fees. Plans include a one-time setup fee that covers building, configuring, and tuning your agent. Because this work is performed up front, setup fees are earned when work begins and are non-refundable as described in the Refund Policy.
• Auto-renewal. Subscriptions renew automatically each billing period until cancelled. You authorize us (and our payment processor) to charge your payment method on each renewal.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
• Failed payments. If a charge fails, we may suspend the Service after notice until payment is resolved.
• Price changes. We may change prices on renewal with prior notice. Founder pricing, where offered, is honored as described at the time of sign-up for as long as your plan remains continuously active.

6. Cancellation & refunds

You may cancel at any time, effective at the end of your current billing period. We do not provide pro-rated refunds for partial periods or for change of mind. Refunds are governed by our Refund Policy, which provides remedies where the Service is defective or fails to perform as described.

7. Your responsibilities

You are solely responsible for using the Service lawfully, including:

• Obtaining any consents required to record or monitor calls and to send text messages to your callers and contacts, including consents required by federal and state law (see our Calls & Messaging Terms).
• The accuracy and lawfulness of the business information, pricing, scripts, and knowledge you provide for the agent to use.
• Complying with the Acceptable Use Policy and all applicable laws, including telemarketing, consumer protection, and privacy laws.
• Reviewing leads and appointments and providing the actual services you offer to your customers. We are not a party to your customer relationships.

8. Third-party services

The Service relies on third-party telephony, messaging, AI, and infrastructure providers. Your use may be subject to those providers' terms, and we are not responsible for their acts, omissions, outages, or changes. We may change providers at our discretion.

9. Intellectual property

We and our licensors own all rights in the Service, including its software, models, designs, and trademarks ("Voice," "EstimatorPro," and "Pascat"). We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of your business content and the leads, transcripts, and recordings generated for your account ("Customer Data"). You grant us a license to process Customer Data to provide and improve the Service, as described in the Privacy Policy.

10. Availability & changes

We aim for high availability but do not guarantee the Service will be uninterrupted or error-free. We may modify, suspend, or discontinue features, perform maintenance, and update the Service. We will use reasonable efforts to limit disruption.

11. Disclaimers

Except as expressly stated in the Refund Policy or required by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will capture every call, book every job, never misunderstand a caller, or produce any particular business result. Nothing in this section limits warranties or rights that cannot be excluded under applicable law.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, or lost data, arising out of or relating to the Service. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim. These limits do not apply to liability that cannot be limited under applicable law.

13. Indemnification

You will defend, indemnify, and hold harmless Pascat and its affiliates from claims, damages, and costs (including reasonable legal fees) arising from your use of the Service, your content, your services to your customers, or your breach of these Terms or applicable law — including any claim relating to call recording, monitoring, or text messaging you directed or configured.

14. Term & termination

These Terms apply while you use the Service. Either party may terminate a subscription at the end of a billing period. We may suspend or terminate immediately for non-payment, breach of these Terms or the Acceptable Use Policy, or to comply with law. On termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period, after which we may delete it per the Privacy Policy.

15. Changes to these Terms

We may update these Terms. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice). Continued use after changes take effect constitutes acceptance.

16. Governing law & disputes

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict-of-laws rules. The parties will first attempt to resolve disputes informally. Any unresolved dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Virginia, unless the parties agree in writing to binding arbitration. Each party waives any right to a jury trial to the extent permitted by law.

17. General

• Entire agreement. These Terms and the policies referenced here are the entire agreement between us regarding the Service.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If a provision is unenforceable, the rest remains in effect.
• Waiver. Failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact

Questions about these Terms? Contact Pascat Graphics & Marketing at pascatgraphics@gmail.com or 434-357-9270.