Terms of Service

1. Definitions

• "Customer" means the entity that has entered into an agreement with Pipcast to access and use the Services.
• "Customer Data" means all data, including personal data, that Customer uploads, submits, or transmits through the Services, including contact information, message content, and any data processed on Customer's behalf.
• "End User" means any individual who receives communications sent through the Services by or on behalf of a Customer, including employees, contacts, and other recipients.
• "Operator" or "User" means any individual authorized by Customer to access and use the Services on Customer's behalf, including administrators, team managers, and other personnel.
• "Documentation" means the user guides, help documentation, and other materials we make available describing the features and functionality of the Services.
• "Order Form" means any ordering document, subscription agreement, or other agreement specifying the Services, pricing, and other terms agreed upon between Customer and Pipcast.

2. Description of Services

2.1 Platform Overview

Pipcast provides an enterprise B2B communication platform that enables organizations to communicate with their workforce, contacts, and customers across multiple channels, including:

• SMS text messaging with RCS (Rich Communication Services) support where available
• WhatsApp Business messaging
• Facebook Messenger
• Apple Messages for Business
• Embedded web chat widgets for websites and internal portals
• Push notifications (where applicable)

2.2 Key Features

The Services include, but are not limited to:

• Multi-channel messaging and conversation management
• Contact and team management with hierarchical organization
• Campaign management and broadcast messaging
• High-volume broadcast messaging and campaign management
• Automated workflows and message templates
• Consent management and compliance tools
• Integrations with third-party systems (ATS, HRIS, etc.)
• Webhook integrations for real-time event notifications
• RESTful API for programmatic access and system integration
• Real-time notifications and reporting
• Administrative controls and user management

2.3 Workforce Communication Focus

Pipcast is designed for B2B workforce communication. Primary use cases include:

• HR Onboarding: Account notifications and welcome messages to newly hired employees
• Operational Communications: Shift reminders, schedule changes, policy updates, and time-sensitive alerts to workforce members
• Text-to-Join: Employees text a keyword to subscribe to team-specific updates and communications
• Recruiting Communications: Application status updates and interview scheduling for job candidates
• Text-to-Apply: Prospective candidates text a keyword to receive job information and begin application processes

All message recipients have explicitly opted in through employer application forms, by texting a keyword, or through enrollment workflows. Messages are sent by employers and HR teams to their own workforce or candidates. Pipcast does not purchase contact lists or facilitate unsolicited messaging.

2.4 AI-Powered Features

Certain features of the Services utilize artificial intelligence and machine learning technologies to:

• Classify and route inbound messages to appropriate workflows
• Power conversational workflows and automated responses
• Provide knowledge-base powered question answering
• Analyze message patterns for compliance and quality purposes

AI features are designed to assist human operators, not replace human judgment for critical decisions. Customers retain control over automated workflows and can configure escalation to human operators at any time.

2.5 Changes to Services

We reserve the right to modify, update, or discontinue any aspect of the Services at any time. We will provide reasonable notice of material changes that negatively affect your use of the Services. Continued use of the Services after any changes constitutes acceptance of those changes.

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must create an account and provide accurate, complete, and current information. You agree to update your information promptly if it changes. You may not use false or misleading information or impersonate any person or entity.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials and account information
• All activities that occur under your account
• Implementing appropriate access controls for your Users
• Immediately notifying Pipcast of any unauthorized use or security breach

3.3 Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication (MFA) for all accounts. Customers may require MFA for their organization through administrative settings. Pipcast reserves the right to require MFA for certain account types or access levels.

3.4 Enterprise Authentication

The Services support enterprise single sign-on (SSO) through SAML 2.0 and OpenID Connect (OIDC) protocols. When SSO is configured, your organization's identity provider policies govern authentication, and you remain bound by your organization's access policies.

4. Fees and Payment

4.1 Subscription Fees

Access to the Services requires a paid subscription. Fees, billing cycles, and payment terms are specified in your Order Form or subscription agreement. All fees are non-refundable except as expressly set forth in your Order Form or as required by applicable law.

4.2 Usage-Based Charges

Certain Services may include usage-based charges (e.g., message volume, channel fees, phone number provisioning). Usage charges are specified in your Order Form and will be billed according to the terms therein.

4.3 Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes (excluding taxes based on Pipcast's net income), and we may collect such taxes as required by law.

4.4 Late Payment

If you fail to pay any fees when due, we may suspend your access to the Services upon notice until payment is received. Pipcast reserves the right to charge interest on late payments at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

5. Permitted Use

5.1 License Grant

Subject to these Terms and your Order Form, Pipcast grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the subscription term solely for your internal business purposes in accordance with the Documentation.

5.2 Authorized Users

You may permit your authorized Users to access the Services on your behalf, provided that:

• Each User agrees to these Terms and your applicable policies
• You remain responsible for your Users' compliance with these Terms
• You do not exceed the number of Users specified in your Order Form
• User accounts are not shared between individuals

5.3 API Access

If your subscription includes API access, you may integrate the Services with your systems using our APIs in accordance with our API documentation and any applicable rate limits. API credentials must be kept confidential and may not be shared with third parties.

6. Prohibited Use

You agree not to, and will not permit any User or third party to:

6.1 Unlawful or Harmful Activities

• Use the Services for any illegal purpose or in violation of any laws or regulations
• Send unsolicited messages (spam) or messages without proper consent
• Transmit content that is defamatory, obscene, threatening, harassing, or promotes violence or discrimination
• Engage in phishing, fraud, or deceptive practices
• Transmit malware, viruses, or other harmful code
• Infringe on intellectual property rights of others

6.2 Technical Restrictions

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Modify, adapt, translate, or create derivative works based on the Services
• Circumvent, disable, or interfere with security features or access controls
• Use automated means (bots, scrapers) to access the Services except through authorized APIs
• Probe, scan, or test the vulnerability of the Services without authorization
• Interfere with or disrupt the integrity or performance of the Services

6.3 Commercial Restrictions

• Resell, sublicense, lease, or rent access to the Services without authorization
• Use the Services to build a competing product or service
• Use the Services for benchmarking or competitive analysis without consent
• Remove or alter any proprietary notices, labels, or branding

6.4 Messaging-Specific Restrictions

• Send messages promoting illegal products or services
• Send messages related to cannabis, CBD, or controlled substances
• Send messages containing adult or sexually explicit content
• Send messages promoting gambling or betting services (unless properly licensed)
• Send messages that deceive recipients about the sender's identity
• Send messages that violate carrier policies or messaging provider terms

7. Customer Data and Responsibilities

7.1 Ownership of Customer Data

As between Pipcast and Customer, Customer retains all rights, title, and interest in and to Customer Data. Pipcast does not claim any ownership rights in Customer Data.

7.2 License to Customer Data

You grant Pipcast a limited, non-exclusive license to process, store, and transmit Customer Data solely as necessary to provide the Services and as otherwise described in our Privacy Policy. This license includes the right to:

• Transmit messages to End Users on your behalf
• Store and display Customer Data within the Services
• Create anonymized, aggregated data for service improvement (which cannot identify you or any individual)

7.3 Customer Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Customer Data
• Obtaining all necessary consents and authorizations to collect, use, and transmit Customer Data
• Ensuring your use of the Services complies with all applicable laws and regulations
• The content of all messages sent through the Services
• Maintaining appropriate backups of Customer Data

7.4 Data Processing Agreement

To the extent Pipcast processes personal data on your behalf, we will do so in accordance with our Privacy Policy and, where applicable, our Data Processing Agreement (DPA). Enterprise customers may request execution of a DPA by contacting legal@pipcast.ai.

7.5 Data Portability and Deletion

Upon termination of your subscription, you may request export of your Customer Data for a period of 30 days. After this period, we will delete Customer Data in accordance with our data retention policies, except where retention is required by law or for legitimate business purposes (e.g., consent records for compliance).

8. Messaging Compliance

8.1 Customer Compliance Obligations

You are solely responsible for ensuring that your use of the Services for messaging complies with all applicable laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA): Obtaining prior express consent for non-emergency messages and prior express written consent for marketing messages
• CAN-SPAM Act: Including required disclosures and honoring opt-out requests
• State Laws: Compliance with state-specific telecommunications and privacy laws
• Carrier Requirements: Compliance with wireless carrier policies and guidelines
• Industry Regulations: Compliance with applicable industry-specific regulations (HIPAA, financial services, etc.)

8.2 Consent Requirements

Before sending messages through the Services, you must:

• Obtain appropriate consent from each End User
• Maintain records of consent, including how and when it was obtained
• Provide clear disclosures about the types of messages recipients will receive
• Implement and honor opt-out mechanisms

8.3 Pipcast Compliance Tools

Pipcast provides tools to assist with compliance, including:

• Consent tracking and management features
• Automatic opt-out keyword processing (STOP, UNSUBSCRIBE, etc.)
• Compliance message templates
• Send time restriction settings

Important: These tools are provided to assist your compliance efforts but do not guarantee compliance. You remain solely responsible for your compliance with applicable laws.

8.4 10DLC and Carrier Registration

For SMS messaging in the United States, carrier registration (including 10DLC registration with The Campaign Registry) may be required. You agree to provide accurate registration information and to comply with all carrier requirements. Pipcast may suspend messaging capabilities if registration requirements are not met or if carrier policies are violated.

9. Intellectual Property

9.1 Pipcast Intellectual Property

The Services, including all software, algorithms, interfaces, content, designs, trademarks, and Documentation, are owned by Pipcast or our licensors and are protected by intellectual property laws. Except for the limited license granted in these Terms, no rights are granted to you in any Pipcast intellectual property.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Pipcast a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without restriction or obligation to you.

9.3 Trademarks

"Pipcast," our logos, and other product or service names are trademarks of Pipcast, Inc. You may not use our trademarks without our prior written consent, except as necessary to identify us in connection with your authorized use of the Services.

10. Third-Party Services and Integrations

10.1 Third-Party Services

The Services integrate with and rely on third-party services, including:

• Messaging Providers: Twilio, Meta (WhatsApp, Facebook Messenger), Apple (Messages for Business)
• Cloud Infrastructure: Amazon Web Services
• Authentication: Enterprise identity providers via SSO
• Customer Integrations: ATS, HRIS, and other business systems you choose to connect

10.2 Third-Party Terms

Your use of the Services may be subject to additional terms and policies of third-party providers. For example, messages sent via WhatsApp are subject to WhatsApp's Business Terms and Acceptable Use Policy. You agree to comply with all applicable third-party terms.

10.3 No Endorsement

Integration with or reference to any third-party service does not constitute an endorsement by Pipcast. We are not responsible for the availability, accuracy, or content of third-party services, and we make no warranties regarding third-party services.

11. Service Availability

11.1 Availability

Pipcast strives to maintain high availability of the Services. However, the Services may be temporarily unavailable due to scheduled maintenance, upgrades, or unscheduled outages.

11.2 Maintenance

We will provide reasonable advance notice of scheduled maintenance that may affect Service availability. Emergency maintenance may be performed without advance notice when necessary to protect the Services or data.

11.3 Service Level Agreements

Specific service level commitments, including uptime guarantees and remedies for service disruptions, may be set forth in your Order Form or a separate Service Level Agreement. In the absence of such agreement, no specific service level is guaranteed.

12. Disclaimers

12.1 "As Is" Provision

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

12.2 No Guarantee of Results

Pipcast does not warrant that the Services will meet your requirements, achieve any intended results, or be compatible or work with any other software, applications, systems, or services.

12.3 Message Delivery Disclaimer

IMPORTANT: PIPCAST DOES NOT GUARANTEE THE DELIVERY, TIMELINESS, OR RECEIPT OF ANY MESSAGES SENT THROUGH THE SERVICES. MESSAGE DELIVERY DEPENDS ON NUMEROUS FACTORS OUTSIDE OF OUR CONTROL, INCLUDING:

• Wireless carrier networks, routing, and policies
• Carrier filtering and spam detection systems
• Recipient device status, settings, and capabilities
• Third-party messaging provider availability and performance
• Network congestion and outages
• Recipient opt-out status or blocking

You acknowledge that SMS and other messaging services are inherently unreliable and should not be used as the sole means of critical communications.

12.4 Third-Party Content

Pipcast is not responsible for any third-party content, websites, or services accessed through or referenced by the Services.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PIPCAST, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER PIPCAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIPCAST'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO PIPCAST DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13.3 Exceptions

The limitations in this Section 13 do not apply to:

• Your breach of Section 6 (Prohibited Use)
• Your indemnification obligations under Section 14
• Either party's violation of the other's intellectual property rights
• Liability that cannot be limited under applicable law

13.4 Basis of the Bargain

The limitations of liability reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between the parties. The Services would not be provided without these limitations.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Pipcast and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Customer Data, including any claim that Customer Data infringes third-party rights
• Your violation of these Terms
• Your violation of any applicable law or regulation, including TCPA, CAN-SPAM, and data protection laws
• Any messages sent through the Services, including claims related to consent, content, or delivery
• Your Users' actions or omissions

14.2 Indemnification Procedure

Pipcast will provide prompt notice of any claim subject to indemnification and will cooperate with your defense. You may not settle any claim without Pipcast's prior written consent if the settlement would impose any obligation on Pipcast or include any admission of fault or liability.

15. Term and Termination

15.1 Term

These Terms commence when you first access the Services and continue until terminated. The subscription term specified in your Order Form will automatically renew for successive periods unless either party provides notice of non-renewal as specified in the Order Form.

15.2 Termination for Breach

Either party may terminate these Terms immediately upon written notice if the other party:

• Materially breaches these Terms and fails to cure such breach within 30 days of notice
• Becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors

15.3 Termination by Pipcast

Pipcast may suspend or terminate your access to the Services immediately without notice if:

• You violate Section 6 (Prohibited Use) or Section 8 (Messaging Compliance)
• Your use poses a security risk to the Services or other customers
• Required by law or a valid legal order
• Your account is more than 30 days past due

15.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• You must pay all fees accrued through the termination date
• You may request export of Customer Data for 30 days following termination
• Sections that by their nature should survive termination will survive, including Sections 7.1, 9, 12-14, 16, 17, and 18

16. Confidentiality

16.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes Customer Data, pricing, technical information, business plans, and the terms of any Order Form.

16.2 Obligations

Each party agrees to:

• Use the other party's Confidential Information only to exercise rights and perform obligations under these Terms
• Protect Confidential Information using the same degree of care used to protect its own confidential information, but no less than reasonable care
• Not disclose Confidential Information to third parties except as necessary to exercise rights under these Terms, and only to parties bound by confidentiality obligations

16.3 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available without breach of these Terms
• Was rightfully known prior to disclosure
• Is rightfully obtained from a third party without breach of confidentiality obligations
• Is independently developed without use of Confidential Information

16.4 Required Disclosure

A party may disclose Confidential Information if required by law, provided the disclosing party (where legally permitted) gives the other party reasonable advance notice and cooperates to seek confidential treatment of the disclosed information.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for at least 30 days.

17.2 Binding Arbitration

If the parties cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, will be settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.

The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed by JAMS. The arbitration will be held in Wilmington, Delaware, unless the parties agree otherwise. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PIPCAST AGREE THAT ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND PIPCAST EACH WAIVE ANY RIGHT TO A JURY TRIAL.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information pending the outcome of arbitration.

17.5 Arbitration Costs

Each party will bear its own costs and attorneys' fees in any arbitration proceeding. The arbitrator may award the prevailing party its reasonable attorneys' fees and costs if the arbitrator determines that the other party's claims or defenses were frivolous or brought in bad faith.

18. General Provisions

18.1 Governing Law

These Terms and any dispute arising out of or related to these Terms will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

18.2 Entire Agreement

These Terms, together with any Order Form and our Privacy Policy, constitute the entire agreement between you and Pipcast regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

18.3 Amendments

Pipcast may modify these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email or prominent notice. Continued use of the Services after such changes constitutes acceptance of the modified Terms.

18.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without Pipcast's prior written consent. Pipcast may assign these Terms without restriction. Any attempted assignment in violation of this section will be void.

18.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18.6 Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. No failure or delay in exercising any right will constitute a waiver of that right.

18.7 Notices

Notices to Pipcast must be sent to legal@pipcast.ai. Notices to you will be sent to the email address associated with your account or posted on our website.

18.8 Force Majeure

Neither party will be liable for any failure or delay in performing its obligations (except payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet or telecommunications failures, or carrier network issues.

18.9 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

18.10 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, or a national or resident of, any country subject to U.S. trade sanctions.

19. Contact Information

If you have questions about these Terms, please contact us: