Last modified: June 17, 2026

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English version of Terms

Welcome to the PicallEx LLC Terms and Conditions of Use and the PicallEx LLC Service Level Agreement (collectively, the ” Terms “). This is an agreement between you or the entity you represent (hereinafter, the ” Client” and/or ” You” and/or the “Visitor” ) and PicallEx LLC (hereinafter, ” PicallEx “) and governs access to and use of the website: https://www.picallex.com/, as well as other websites operated by PicallEx that link to these Terms (the ” Website “), the mobile application, and the PicallEx Services—as defined below—for all visitors to the site and/or individuals or entities that purchase the Services or create an account or download or use the mobile applications called PicallEx and/or PicallEx Agent (the ” Application “), as well as for all Users—as defined below—authorized by the Client. If you are entering into this agreement on behalf of a company, organization, or other legal entity (hereinafter ” Company “), you are agreeing to these Terms for that Company and represent to PicallEx that you are authorized to bind that Company and its affiliates to these Terms, in which case the terms “Customer,” “You,” or a related capitalized term in this document will refer to that Company and its affiliates. If you are not so authorized or if you do not agree to these Terms, you must not use or authorize any use of the services provided by PicallEx on behalf of the Company, nor access the Website, or download or use the Application or the Services. By accepting these Terms, whether by accessing or using a Service, or by authorizing or permitting any User to access or use the Service, the Customer agrees to be bound by these Terms as of the date of such access or use of the Service. These Terms govern and help define the relationship between PicallEx and you when you interact with our online business platform and collaboration software through the Application, access to the Website, and/or any use you make of the Services. In this way, we will establish the conduct we expect from you when using our Services, as well as what you can expect from us. This document describes intellectual property rights and outlines the procedure in case of problems or disagreements. In addition to these Terms, we also have a privacy policy ( “Privacy Policy” ) and a service level agreement (“ SLA ”). We encourage you to read the Privacy Policy to better understand how information can be updated, managed, exported, and deleted. By accepting these Terms, you agree to be legally bound by them and our Privacy Policy. All capitalized terms not defined in these Terms shall have the meanings assigned to them in the Privacy Policy.

SERVICE DESCRIPTION:

Thank you for using PicallEx services!

When we talk about PicallEx, we are referring to PicallEx LLC, a company incorporated in the state of Florida, United States with an address at 8400 NW 36th St Suite 450, Doral, FL 33166, United States. PicallEx integrates multiple channels for managing potential clients and provides follow-up throughout the sales or appointment process, including return on investment in advertising integrated with other proprietary tools and developments (hereinafter ” Service ” or ” Services “). Additionally, through its affiliated entity, PicallEx offers clients an alternative online advertising channel for their products and/or services focused on creating and optimizing digital campaigns and strategies. This includes designing and developing landing pages, setting up and managing social media, running advertising campaigns on social media and other digital platforms, creating company profiles, creating and executing email and text message communications to promote products and/or services, and creating and developing graphic and audiovisual materials for product advertising (individually referred to as the ” Services”) . “Linked ”). The Client may use the Services for personal and business use or for internal business purposes within the organization they represent. They may connect to the Services using any internet browser compatible with the Services. PicallEx grants you the ability to download, install, and use a copy of the Application on the interactive wireless devices that the Client owns or controls. If you access the Services through the Application, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with these Terms. You are responsible for obtaining internet access, software, and the necessary equipment to use the Services. Due to the nature of the contracted Services—which may require managing a high volume of data traffic—the Client acknowledges and accepts that specific technical requirements may arise, which will be communicated by PicallEx upon the Client’s request. These requirements may include, but are not limited to, the need to install additional equipment or make supplementary connections to internet services or servers contracted by the Client. The Client is responsible for ensuring and covering the costs of these additional services and for maintaining the necessary technical infrastructure for the proper operation of the Services. PicallEx will not be liable for any failures or interruptions resulting from the Client’s failure to comply with these technical requirements.

SERVICE CHANGES

PicallEx reserves the right to modify the design, presentation, or configuration of the Website and/or the Services and/or the Application, as well as the registration or usage requirements thereof, without giving rise to any right to claim or compensation in favor of the Client or Visitor. PicallEx may change or discontinue any aspect or feature of the Website, the Services, or the Application at any time, including, but not limited to, the content, availability, and equipment necessary to access or use them. The Client will only be notified if the modifications imply a substantial change to the Services or generate an additional cost. The Client may request upgrades or improvements to their plan and incorporate functionalities or expand the capacity of the Service (“Upgrade”). Such Upgrades will be applied according to the commercial terms and rates in effect at the time of the request. Upgrades do not imply the retroactive modification of previous conditions or the accumulation of previous benefits, and may require technical or configuration adjustments for their correct implementation, including the contracting of Additional Services. Once the Upgrade has been applied, it will only be possible to revert to the previous plan under the same commercial conditions if they are still in effect and/or it is technically possible for PicallEx.

ACCEPTANCE OF THE TERMS

The Customer must be of legal age, have the capacity to enter into a binding contract with us, and not be legally prevented from doing so under any applicable law in order to accept these Terms. If you do not agree to or cannot comply with these Terms, do not use any of our Services. By ticking the box indicating your agreement to these Terms, submitting an order form that references them, interacting with the Website and/or the App, or otherwise using the Services, or by authorizing or permitting any User to use the Services, you agree to these Terms.

CHANGES TO THE TERMS AND WEBSITE

We may modify these Terms from time to time to reflect changes in the law or in the PicallEx Services. You will be notified of such changes by reasonable means (before they take effect). Your continued use of the PicallEx Services will indicate your acceptance of and consent to the aforementioned changes. You agree that we will not be liable to you or any third party for any modification of the Terms. We will archive prior versions of these Terms for your review. If you wish to discontinue using the Service because of the updated Terms, you may contact PicallEx to terminate your account. The effective date at the beginning of this document indicates the date of the last changes made to the Terms.

REGISTRATION OBLIGATIONS

You must register for an account by providing all the information necessary to access and use the Services. Access to PicallEx services is contingent upon the correct entry of your username and password. During the registration process, you will receive an email with a link to access the platform. Your username and password will be provided in the welcome email. You agree to change your assigned password regularly so that PicallEx cannot know it. If you lose your password, a new one will be automatically generated. If you represent an organization and wish to use the Services for internal corporate use, we recommend that you and all other users within your organization register for user accounts by providing your personal contact information under the corporate address. In particular, we recommend using your corporate email address. You agree to: a) provide true, accurate, current, and complete information about yourself as requested during the registration process; and b) promptly maintain and update the information provided during registration to keep it true, accurate, current, and complete. If you provide false, inaccurate, outdated, or incomplete information, or if PicallEx has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, PicallEx may terminate your account and refuse any current or future use of any or all of the Services. PicallEx is not liable for any damages you may incur, and you specifically release PicallEx from all liability and agree to indemnify PicallEx for such damages if your username and/or password are compromised by you, any of your Users to whom you have provided the username and password, or a third party other than PicallEx.

ORGANIZATION ACCOUNTS AND AUTHORIZED CONTACT

When you register for an account for your organization, you become the owner. Owners have the right to configure the Services according to their requirements and manage Users—as defined below—within their organization’s account. A User is an individual authorized by you to use the Service through the Client account, identified by a unique login. Certain Users may be designated as Authorized Contacts—as defined below. Upon contracting the Services, we will grant your Users access to use the Service as described in these Terms and pursuant to your requests or authorizations. You may, at your discretion, define, either through personal access to your account or by communicating with PicallEx, the permissions and access granted to each User.

If a third party creates and sets up your organization’s account on your behalf, make sure you have a proper agreement in place with that third party that specifies the third party’s roles and restrictions as part of your organization’s account.

Accounts managed by other people. If you have decided or directly managed, through the Services, to link the management of your account to one or more third parties, that third party may become an authorized contact (the “ Authorized Contact ”). Therefore, you should consider that: (i) PicallEx may share information related to your activity or your account with the Authorized Contact. However, to share information that includes personal data and/or confidential information, your signed informed consent will be required to ensure data protection. (ii) The Authorized Contact may have access to your account (including viewing or modifying aspects of your profile or registration information) and make decisions, including, with respect to the contracted Services, increasing or improving them, which may result in an increase in the fees payable. (iii) It is the owner’s responsibility to enter into an appropriate agreement with the Authorized Contact specifying the third party’s functions and restrictions regarding access to and management of your organization’s account in order to avoid undesirable consequences. The fact that the owner designates an Authorized Contact and grants them the aforementioned powers does not imply a decision to change the ownership of the account or its original owner.

PicallEx will not adjudicate disputes related to account ownership or any other internal business disputes concerning account administration. Subsequent changes in account ownership must be supported by appropriate legal documentation. If PicallEx cannot determine the valid account owner, PicallEx reserves the right to suspend or terminate the account and the Services. Similarly, PicallEx reserves the right to disconnect the Services immediately if it determines, in its sole and absolute discretion, that a single User is using the Services from two or more devices simultaneously. PicallEx will not be liable for any data loss that may occur as a result of Service deactivation due to simultaneous use.

ACCOUNT MANAGER

You are solely responsible for: i) ensuring the confidentiality of access information, i.e., user ID and passwords for accessing your account; ii) accessing and using the Services, including all activities and transactions carried out by you and other Users; iii) appointing competent individuals; iv) ensuring that all activities related to your organization’s account comply with these Terms and the Privacy Policy; and v) taking the necessary steps to ensure that your organization does not lose control of the accounts. You agree to notify us immediately of any unauthorized use of your user account and may specify a process for regaining control of the account by emailing sos@picallex.com, provided that the process is acceptable to PicallEx. You understand that PicallEx is not responsible for the administration of your account or the internal management of the Services. PicallEx will not be liable for any loss or damage caused to you or any third party as a result of any unauthorized access to your account, and you agree to indemnify PicallEx for the aforementioned damages or losses.

USAGE RESTRICTIONS

PicallEx has established certain basic rules that both the Client and each User and/or Visitor must follow when downloading the Application and/or using the Services and/or browsing the Website. We trust that you will use the Services responsibly, and this is what we expect from our Clients. In addition to what is set forth in these Terms, you agree not to engage in or permit any third party to engage in the following conduct:

• Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any part of the Websites, use of the Websites or access to the Websites;
• Transfer the Services or make them available to third parties;
•     To probe, analyze or test the vulnerability of systems or networks, as well as to breach security or authentication measures;
•     Using the Services to transmit viruses, malware, or other harmful code, as well as using the Services in any manner that may damage, disable, overburden, impair, or impair any PicallEx server, network, computer system, or resource;
•     Accessing, improperly altering, or using non-public areas or parts of the Services;
•     To interfere with or cause annoyance to a user, host, or network through viruses, overloads, denial of service, spam;
•     Attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software comprising the Services;
•     Accessing, searching for, or creating accounts for the Service by means other than publicly available interfaces (e.g., “scraping” or bulk account creation);
•     Sending altered, misleading, or false information to identify sources, such as IP spoofing or identity theft, impersonating another person or entity, falsely stating or misrepresenting your affiliation with another person or entity, or promoting or advertising products or services other than your own without proper authorization;
•     Using the Services to engage in abusive, harassing or intimidating behavior, as well as posting or sharing indecent content or illegal pornography, or content that includes extreme acts of violence or terrorism;
•     Using the Services to transmit material that infringes or may infringe the intellectual property or other rights of another, removing or altering any copyright, trademark or other intellectual property notices contained in or provided through the Service;
•     Infringing the privacy of other people or publishing any personal or confidential information belonging to any person or entity without obtaining consent;
•     Using the services to engage in dangerous, illegal, or fraudulent activities or to directly or indirectly promote such activities. This prohibition includes promoting or supporting pyramid schemes or similar activities and using the services to record or monitor a telephone call or other communication without obtaining consent as required by applicable law;
•     Using the Service with content that in any way restricts or inhibits another user from using and enjoying our website and/or the Services;
•     Making payments or transactions without the cardholder’s consent or using payment information fraudulently.
•     Providing false or misleading information during the identity verification process, such as using forged documents or identity theft.
•     Attempting to make payments for Services using credit or debit card data obtained illegally or fraudulently.
•     Modifying the software in any way or form, and using modified versions of the software for any purpose, including gaining unauthorized access to the Software Service, accessing another account without the permission of the account holder, or using the Services for phishing schemes, is prohibited. Violations of system or network security may result in civil or criminal liability.

PicallEx may suspend or terminate your use of the Services as provided in these Terms. Anyone may report a violation of this section by sending an email to legal@picallex.com. We encourage everyone to report suspected violations. While there may be limitations on how we can respond to reported violations, we want to be aware of this activity.

ADDITIONAL SERVICES

Additional Services are not included in the monthly fees or the value of the contracted licenses, and their implementation will represent an additional cost beyond that stipulated in the Services contract. Additional Services encompass all development, integration, or customization tasks, which will be billed according to the actual time worked, at an hourly rate that PicallEx will inform you of in due course. These services include custom integrations with external systems, specific adaptations requested by the Client, and custom developments linked to third-party tools. Additional Services include, but are not limited to: – Custom integrations via APIs, webhooks, or connectors with external CRMs or other Client-owned tools; – Integration with HubSpot for data synchronization and marketing and sales automation; – Integration with Meta Ads Forms for automatic lead capture from Facebook and Instagram campaigns; – Integration with WhatsApp Cloud API to enable two-way communication through this channel; – Services provided as a Meta Business Solution Provider (BSP), with direct access to the official APIs of WhatsApp, Messenger, and Instagram, ensuring secure infrastructure and specialized support. Client requests will be evaluated and managed by PicallEx according to criteria of priority, technical feasibility, and internal planning. The Client acknowledges that not all requests can be fulfilled immediately and that any estimated timeframes communicated are indicative. PicallEx may reject or postpone requests whose implementation is technically unfeasible, affects the stability or security of the Services, or depends on limitations imposed by third parties. In cases where developments involve third-party platforms or tools, PicallEx does not guarantee the continuity or uninterrupted operation of such integrations to the extent that they depend on those third parties.

BETA SERVICE SUBSCRIPTION

At its sole discretion and based on eligibility guidelines, PicallEx may offer certain Services to selected Customers as closed or open beta services for testing and evaluation purposes (” Beta Services “). PicallEx may release products or features related to the Services that are identified in the Application as beta, pilot, limited release, or similarly named. Beta Services are not considered “Services” under these Terms; however, usage restrictions will apply equally to your use of the Beta Services. The Customer agrees that we have the authority to enable Beta Services for customers that PicallEx deems eligible and the discretion to determine the time period for testing and evaluating the Beta Services. PicallEx may, at its sole discretion, offer the Beta Services free of charge or subject to a fee for access and use. If a fee is established, PicallEx may apply promotional pricing, discounts, or bonuses compared to the price that may be set for the final version of the service, without this implying recognition of acquired rights or a guarantee of maintaining such conditions in the future. All fees applicable to the Beta Services, as well as their commercial terms, will be communicated by PicallEx to the Customer in advance. The Customer agrees to actively participate in follow-up processes and will make all commercially reasonable efforts to provide suggestions, comments, or ideas and to report any issues or problems related to their use of the Beta Service (the “Feedback”) in a timely manner or otherwise in writing (email will suffice). You agree not to disclose Feedback to any third party and hereby assign to PicallEx all rights, title, and interest in and to any Feedback, without any right to compensation or other obligation on our part. To the extent the Customer provides Feedback, the Customer grants PicallEx a royalty-free, sublicensable, transferable, non-exclusive, irrevocable, perpetual, and worldwide right and license to perform, use, sell, offer for sale, import, and otherwise exploit the Feedback without restriction (including incorporating such Feedback into the Services). PicallEx reserves the right to seek intellectual property protection for any feature, functionality, or component that may be based on feedback related to the Services that PicallEx receives from the Customer. PicallEx will evaluate the success of such testing and will decide, if applicable, whether or not to offer the Beta Services as commercial services and whether or not to incorporate the suggestions made by the Customer. The Customer will not be obligated to purchase a subscription to use any paid Service as a result of subscribing to any Beta Service. PicallEx reserves the right to discontinue, in whole or in part, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without prior notice. You agree that the Beta Service is provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, test and/or use of, or discontinue the Beta Service (or any part thereof) at any time and at our sole discretion, with or without prior notice. The Client agrees that PicallEx will not be liable to you or any third party for any damages related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

PERSONAL INFORMATION AND PRIVACY

The personal information you provide to PicallEx through the Service is governed by PicallEx’s Privacy Policy. Your acceptance of the Terms of Service indicates your acceptance of the terms of PicallEx’s Privacy Policy.

COMMUNICATIONS FROM PICALLEX

The Client agrees that account management will be conducted exclusively through the formal communication and management channels defined and communicated by PicallEx. Requests, requirements, or instructions made through other channels will not be considered valid. The Service may include certain communications from PicallEx, such as service announcements, administrative messages, and newsletters. You understand that these communications are considered part of your use of the Services. As part of our policy to ensure your complete privacy, we also provide you with the option to opt out of receiving our newsletters. Any notice or information that implies a substantial change or a significant decision related to the Services (including: modifications related to account management or administration, cancellation notices, invoices, and changes to registration information) will be effective only if made in writing and electronically by sending an email to sos@picallex.com. You may change your designated email address for receiving notifications by notifying PicallEx at the same email address. Operational, routine, or daily management matters may be handled through the other communication and management channels provided by PicallEx, which will be duly communicated to the Client. PicallEx may modify the available communication channels and/or coverage hours, and undertakes to notify the Client of such changes with reasonable advance notice.

INFORMATION DISCLOSURE POLICIES

If we receive a complaint from any person against you regarding your activities as part of your use of the Services, we will send it to the primary email address associated with your account. You must respond to the communication within twenty-four (24) hours of receiving it. If you do not respond within twenty-four (24) hours of the date of our email, we may disclose your name and contact information to the complainant to enable them to pursue legal action against you. You understand that your failure to respond to the complaint within the twenty-four (24) hour time limit will be interpreted as your consent for PicallEx to disclose your name and contact information to the complainant.

FEES AND PAYMENTS

When you purchase a subscription plan with PicallEx, you will be provided with the means to enter your payment method information. You must provide accurate and complete information regarding a valid payment method that you are authorized to use. You must immediately notify PicallEx of any changes to your billing address and update your account with any changes related to your payment method. By completing the information for a subscription plan, you authorize PicallEx to charge your payment method on a recurring basis for: (a) the applicable subscription plan charges, (b) all applicable taxes, and (c) any other charges incurred in connection with the use of the Services. Charges for purchased licenses will be billed and included immediately in the current billing cycle. The Customer agrees that the maximum daily enabled user capacity for the billing period will be used to determine the number of monthly licenses to be calculated. Applicable charges will be prepaid or postpaid , according to the type of Service and the billing method indicated on the corresponding order form. Your subscription will automatically renew at the end of each period unless you notify us that you do not wish to renew within the time frame specified below. At the time of automatic renewal, the subscription fee will be charged to the last credit card used by you. If you do not wish to renew your subscription, you must notify us at least fifteen (15) days before the billing date. If you do not send PicallEx written notification of cancellation of the prepaid subscription, it will be deemed that you have authorized PicallEx to charge the corresponding fee. In the case of postpaid billing, you must pay in full the amount owed for the Services actually provided, even if you decide beforehand to request cancellation of the Services. In the event of a payment dispute, the Client must notify PicallEx of any issues related to an invoice, including disputed amounts, within thirty (30) calendar days of the invoice date. The notification must be made in writing and state the disputed amount and the reasons for the dispute. If the Client fails to submit the corresponding notification within the specified period, the invoice will be considered fully accepted, and the invoiced amounts will be due according to the originally established payment terms and deadlines. To the extent permitted by applicable law, payments are non-refundable, and no refunds or credits will be granted for partially used subscription periods. The rates applicable to ChatDial and Contact Center licenses—as defined in the commercial proposals—will be automatically updated annually based on the variation in the US Consumer Price Index (CPI). The commercial terms, rates, discounts, and payment methods communicated by PicallEx to the Client at the time of contracting the Services will have a specific validity period. In the event of account suspension due to non-payment or cancellation of the Services, PicallEx does not guarantee the maintenance of the previously applicable commercial terms. Account reactivation or new contracting of the Services will be governed by the terms in effect at the time of such reactivation or contracting, unless expressly agreed otherwise. PicallEx reserves the right to modify the rates and/or prices applicable to the Services and will notify you of such decisions in a timely manner. PicallEx does not represent or warrant that any particular subscription plan will be offered indefinitely and reserves the right to change prices or alter the features and options in any given subscription plan with prior notice. Any increases in charges will not be applied until the end of your current billing cycle.

PAYMENT DEFAULT AND INACTIVE USER ACCOUNT POLICY

If PicallEx owes the Client amounts that do not arise from the Services, those amounts will not be withheld or offset against any invoice issued under the Services. PicallEx may charge late fees equal to two percent (2%) of the outstanding balance per month or the higher rate permitted by applicable law, whichever is lower. The Client will be responsible for PicallEx’s reasonable attorneys’ fees, costs, and expenses incurred in collecting any amounts not paid when due. If, after seven (7) calendar days from the invoice date, payment for the Services provided by PicallEx and/or any Related Services provided by PicallEx affiliates has not been satisfactorily received, we may suspend your access to the Services and/or the Related Services until we receive a valid form of payment. If twenty (20) days have passed since the suspension of the Services and/or Related Services without you having paid the amounts owed, PicallEx may terminate the Services and/or Related Services provided and terminate the contractual relationship for reasons attributable to the Client. Once the Service and/or Related Services have been deactivated, and to request reactivation, the Client must pay a reactivation fee that is determined according to PicallEx’s business decisions (“ Reactivation ”). Each Service will be considered an independent and separate service for the purpose of calculating the inactivity period. An account will also be considered inactive if the Client does not register any transactions, access, or activity for a period of sixty (60) consecutive days, provided that such inactivity has not generated any charges for Services during that period. Upon verification of inactivity as described above, PicallEx may suspend the Services and/or Linked Services associated with said account. The Client will be required to pay the Reactivation fee, as determined by PicallEx’s business decisions, to request reinstatement of said Services. To access Service Data (excluding Personal Data), the Client must pay any outstanding balance for the Services according to the conditions set forth in these Terms. PicallEx reserves the right to restrict access, portability, delete, disable, or quarantine any data or other content if PicallEx reasonably believes that the Client has violated the conditions established in these Terms and in cases where there are outstanding balances. Unless legally prohibited from doing so or when PicallEx is legally obligated to take immediate action, PicallEx will make all commercially reasonable efforts to notify the Client by email when taking any of the aforementioned actions. PicallEx will not be liable to the Customer for any modification, suspension, or interruption of the Customer’s rights to access and use the Services and Service Data.

SUSPENSION AND TERMINATION

You may stop using our Services at any time, subject to the notice requirements set forth herein. PicallEx reserves the right to suspend or terminate access to the Services in the following cases:

(a) If you breach the obligations set forth in these Terms or the Privacy Policy; (b) If you use the Services in a manner that could create a real risk of harm or loss to PicallEx or other users; or (c) If we are required to do so to comply with a legal requirement or court order. PicallEx will provide reasonable advance notice via the email address associated with your account to resolve the issue we contacted you about and will give you the opportunity to export your files from our Services. If, after such notice, you fail to take the requested action, we will terminate your access to the Services. We will not provide notice of termination when doing so would create legal liability for us or jeopardize our ability to provide the Services to other customers. We may terminate a suspended or disabled account after twenty (20) days. Once the Service has been terminated, and to request reinstatement, you must pay the applicable Reactivation Fee and must not have any outstanding balances on your PicallEx Services or any outstanding debts under Linked Services. Termination of your user account will include denial of access to all Services. We will also cancel your account upon your request. You have the right to cancel your account if PicallEx breaches its obligations under these Terms. A visitor to the Website may terminate their use of the Website at any time by ceasing to use and/or access it. PicallEx may terminate the use of the Website for any user and deny access to the Website at its sole discretion.

INFORMATION RETENTION

We retain your data in your account as long as you choose to use PicallEx Services and comply with the payment terms. In the event of termination, within thirty (30) days of the effective date of termination of the Services and upon request from the Client sent to the email address indicated in these Terms, PicallEx will make the data available for export or download, except for Service data that (i) has been previously deleted, (ii) has been created and/or used in violation of these terms, (iii) is prohibited by law or court order, or if (iv) there is an outstanding balance on the contracted Service.

From that point forward, PicallEx will have no obligation to maintain or provide any Service Data. Once the Service is terminated, thirty (30) days after termination, and to request reactivation, the Client must pay a reactivation fee that is determined according to PicallEx’s business decisions.

To maintain access to the Service Data, you must keep at least one user active. Therefore, for accounts with more than one user, if at least one user is active, the account will not be considered inactive and the aforementioned deletion process will not apply.

The Service Data will eventually be deleted from the active database during the next cleanup, which occurs once every six (6) months. The data deleted from the active database will be removed from the backups after this period.

EXTENSIVE FILES AND APPLICATIONS

PicallEx may provide sample files and applications to demonstrate the ability to use the Services effectively for specific purposes. The information contained in such sample files and applications consists of random data. PicallEx makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

ABOUT THE INFORMATION ON THE WEBSITE

PicallEx is under no obligation to provide information, but may do so at its sole discretion. The information is provided as is and without any liability on the part of PicallEx. Therefore, the Visitor understands that they will be solely responsible for any reliance they place on the Information received by virtue of their access to the Website.

PicallEx does not provide advice or consulting services of any kind, and no communication or information made available is intended to be, or should be construed as, advice of any kind. It is your responsibility to determine whether any related decision is appropriate for you in accordance with your objectives, circumstances, and risk tolerance, and you are responsible for any associated losses or liabilities. PicallEx is not responsible for the accuracy or credibility of any content and assumes no liability for any action you may take as a result of reading content published on the Website.

INTELLECTUAL PROPERTY

The intellectual property rights associated with the Services and the Website, including rights to their content, code and applications, text, graphics, logos, button icons, user interfaces, sounds, music, videos, and illustrations, including but not limited to the look and feel, design, color scheme, selection, images, data compilations and software, and the combination and arrangement of content present on the Website and/or in the Application, are the sole and exclusive property of PicallEx. All Services and content provided by PicallEx are protected by trademarks, copyrights, intellectual property, and other laws in the United States and other countries. The PicallEx Application and its content are not for sale or transfer, and PicallEx retains ownership of all copies of the Application, even after installation on your devices. The Website contains or may contain materials that are owned by PicallEx and protected by copyright, trademark, and other international intellectual property laws and treaties. You acknowledge that the Website contains creations that have been developed, reviewed, and organized by PicallEx, through dedicated time and resources, and therefore constitute valuable intellectual property belonging to PicallEx. The Client must comply with and maintain all copyright notices and restrictions set forth in any content accessed through the Services. Unless expressly authorized otherwise by these Terms, applicable law, or a separate agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any part of any of the content posted on the Website or the Services without our prior written permission. By making any copyrighted content available on any of the Services, you represent that you have the consent, authorization, or permission, as applicable, of each person who may claim any rights in such content to make such content available in that manner and agree to indemnify PicallEx for any infringement of trademark and/or copyright law in your content.

Except as expressly provided herein, we do not grant you any express or implied rights in the Services or in our intellectual property or that of any third party. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services only as presented. At the same time, PicallEx shall have a royalty-free, worldwide, transferable, sublicensable, assignable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, incorporate into the Services, or utilize any suggestions, requests for improvements, recommendations, or other comments we receive from you or other third parties acting on your behalf, it being understood that such suggestions, requests for improvements, recommendations, or other comments shall not be considered confidential information.

THIRD-PARTY APPLICATIONS

PicallEx integrates with or may interact with third-party applications, websites, and services (hereinafter ” Third-Party Applications “) to provide you with the PicallEx Services. These Third-Party Applications may have their own terms and conditions of use and privacy policies, and your use of these third-party applications and devices will be governed by and subject to the requirements, conditions, or adaptations stipulated in those terms and conditions and privacy policies. The Customer understands and agrees that PicallEx is not responsible for, and the Customer agrees to indemnify and hold harmless, the behavior, features, or content of any Third-Party Application or any transaction that may be entered into with the provider of such Third-Party Applications, nor does PicallEx guarantee the compatibility or continued compatibility of third-party applications and devices with the Service. PicallEx will not be liable for the existence, updating, accuracy, privacy, operation, modifications, content, or offers of third-party sites linked through the Website. PicallEx will not be liable for transactions carried out between the Client and/or Visitor and sites linked to from the PicallEx Website. Likewise, any references made on the Website to any product, service, process, linked site, hypertext, or any other information using trademarks, distinctive signs, or domains, trade names, or manufacturer names, etc., belonging to third parties, will in no way constitute or imply any endorsement or recommendation by PicallEx, and in no case will PicallEx be assigned ownership or responsibility for them.

SEPARABILITY OR INTEGRITY

If a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, such provision shall be modified by the court and interpreted to best give effect to the original provision to the extent permitted by law, and the other provisions of these Terms shall remain in full force and effect.

RELATIONSHIP BETWEEN PARTIES

At all times, you and PicallEx are independent contractors and are not agents or representatives of each other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. You must not represent to anyone that you are an agent of PicallEx or that you are authorized to bind or commit PicallEx in any way without PicallEx’s prior written authorization.

NON-COMPETITIVE ACCESS

You may not access the Services if you are a direct competitor of PicallEx, unless you obtain PicallEx’s express written consent in advance. You may not access the Services for competitive purposes.

PROHIBITION OF ASSIGNMENT

You agree not to license, sublicense, sell, outsource, rent, lease, transfer, assign, distribute, sell on timeshare or otherwise commercially exploit or resell the Services to any third party, unless expressly agreed to otherwise in writing by PicallEx.

COMPREHENSIVE AGREEMENT

These Terms constitute the entire agreement and supersede any prior agreements between you and PicallEx and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations relating to their subject matter. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind between the parties unless expressly stated otherwise herein. The headings used herein are for convenience only and shall not affect the interpretation of the Terms.

CONFIDENTIALITY

Confidential Information refers to (a) all information disclosed by PicallEx to the Client (the “ Recipient ”) that is in tangible form and designated as confidential, or that is information, regardless of its form, that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure, and (b) the specific terms and conditions of these Terms, and any amendments and addenda thereto, between the parties. Confidential Information shall not include any information that: (i) has been or becomes publicly known through no fault of the Recipient or as a result of a breach of these Terms; (ii) was lawfully in the Recipient’s possession at the time of such disclosure without any restriction on use or disclosure; (iii) was independently developed by the Recipient without the use of the disclosing party’s confidential information; or (iv) was lawfully obtained by the Recipient from a third party who had no obligation of confidentiality and without any restriction on use or disclosure. During and after accepting these Terms, the Recipient of Confidential Information shall: (a) use the other party’s Confidential Information only to exercise its respective rights and fulfill its respective obligations under these Terms; (b) not disclose such Confidential Information to any third party except as necessary to comply with a subpoena or order from any administrative agency or court of competent jurisdiction; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information or information of a similar nature.

NO COLLECTION

During the Term of these Terms and for a period of one (1) year after the termination of the Services, the Client will not employ or solicit, directly or indirectly, the employment or services of an employee or independent contractor of PicallEx without the prior written consent of PicallEx.

DISCLAIMER OF WARRANTIES

PICALLEX WILL MAKE ALL REASONABLE EFFORTS TO MAINTAIN THE SERVICE IN GOOD FUNCTIONING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, APPLICATION, AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PICALLEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICALLEX DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES OR VISITING THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE, OR DATA RESULTING FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PICALLEX, ITS EMPLOYEES, OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THESE TERMS WILL NOT LIMIT ANY NON-WAIVERABLE WARRANTIES. PICALLEX DOES NOT WARRANT, ENDORSE, OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.

LIMITATION OF LIABILITY

YOU AGREE THAT PICALLEX WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PICALLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PICALLEX’S TOTAL LIABILITY TO YOU WITH RESPECT TO ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES YOU PAID FOR SUCH SERVICE, ACCORDING TO THE CONTRACTED PERIOD. LIABILITY TO YOU IS NOT EXCLUDED OR LIMITED IF IT WOULD BE UNLAWFUL TO DO SO IN THESE JURISDICTIONS. Each provision of these Terms that establishes a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of risk and is an essential element of the basis of the agreement between the parties.

INDEMNITY

You agree to indemnify and hold harmless PicallEx, its officers, directors, employees, suppliers, and affiliates from any claim or demand by other customers and/or users or third parties arising from your use of the Services or your breach of these Terms and the Privacy Policy, as well as from any loss, damage, fines, and expenses (including attorneys’ fees and costs) arising out of or related to any claim that exists if you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provision of these Terms, or any other claim related to your use of the Services and/or the Application and/or the Website, except where such use is authorized by PicallEx. You agree not to settle any matter in which we are named as a defendant and/or for which we have indemnification obligations without PicallEx’s prior written consent.

CURRENT LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without prejudice to any provisions of private international law .

DISPUTE RESOLUTION

Before filing a claim against PicallEx, you agree that to attempt to resolve the dispute informally, you will send an email to legal@picallex.com regarding any claim or dispute. We will contact you via email to attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days of sending the email, you or PicallEx may initiate formal proceedings as set forth below.

ARBITRATION

Any controversy or claim arising out of or relating to these Terms will be resolved as follows:

(a) In the event that the amount of damages requested is less than $8,000.00, then the parties must file a lawsuit, agreeing as the place of convening the Miami-Dade County Court.

(b) If the damages sought are $8,001 or more, then by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated individually and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator’s decision shall be final and unappealable. The arbitration shall be conducted in Miami-Dade County, Florida, and judgment on the arbitral award may be entered in any court having jurisdiction over it. Notwithstanding anything to the contrary, PicallEx may, at any time, seek injunctive relief or other forms of equitable relief or bring any dispute concerning the validity of the intellectual property rights in a court of competent jurisdiction.

PicallEx Service Level Agreement

As of July 13, 2022.

This document is provided solely for the convenience of the interested party. The English version of this service level agreement shall prevail, and under no circumstances shall the Spanish version of this service level agreement be interpreted as modifying the English version or applying in any way to the relationship between the parties.

This Service Level Agreement for PicallEx Services (hereinafter ” SLA “) forms part of the Terms and Conditions of Services agreed between you and PicallEx. All capitalized terms not defined in this SLA shall have the same meaning as ascribed to them in the Terms.

If we fail to achieve and maintain the Service levels for each service as described in this SLA, you may be eligible for a credit applicable to a portion of your monthly Service fees.

We may modify this SLA from time to time. We will post the revised SLA on the website with a “last updated” date. You will be notified of such changes by reasonable means (before they take effect) in order to obtain your consent. If you continue to use PicallEx Services after the revisions take effect, you agree to be bound by the modified SLA. You agree that we will not be liable to you or any third party for any modification of the SLA.

1. Definitions

Service level: These are the service level performance standards set out in this SLA that PicallEx commits to meeting in the delivery of the Services.

Monthly uptime percentage: calculated by subtracting from 100% the percentage of minutes during the month in which any of the included PicallEx Services were in a state of unavailability.

Downtime: Occurs if a PicallEx Included Service is not available to a Customer.

Service credit: These are the amounts that can be credited to you after a PicallEx claim is approved.

1. Service Commitment

During the subscription period for which PicallEx has agreed to provide you with a particular Service, PicallEx will be operational and available to you at least 99% of the time in any calendar month (the ” Service Level “). If the monthly uptime percentage falls below the Service Level in any calendar month, and if you have fulfilled your obligations under the Terms and as set forth in this SLA, you will be eligible to receive a credit as follows:

Service credits apply only to the fees paid for the specific Service where a Service Level has been breached. These service credits granted in any billing month for a specific Service will not, under any circumstances, exceed your monthly Service fees for that Service in the billing month.

You will be entitled to a credit based on the monthly rates billed for the affected Service that you provisioned in the month you experienced the outage, if you have a monthly subscription plan . Customers with prepaid accounts may, upon written request, receive service level credits in the form of a cash refund, calculated by applying the service level credit percentage against one-twelfth (1/12) of the annualized prepaid amount.

1. Credit application procedure:

(a) To receive a service credit, you must submit a claim to the email address sos@picallex.com. To be eligible, PicallEx must receive the service credit claim within fifteen (15) days after the end of the calendar month in which the SLA breach occurred, and it must include:

(i) the applicable calendar month, date, time (including time zone), duration and affected Services with respect to each alleged incident that contributed to a failure of the SLA with respect to which the claim is made, the affected account and documented evidence that corroborates the incident claimed by you.

(b) Any failure on your part to provide sufficient details and other information to confirm and substantiate the service credit claim as required will disqualify you from receiving a service credit for that claim. At the same time, the service credit will be granted provided your account is fully paid, with no outstanding payment issues or disputes.

(c) If a service credit claim is made in accordance with this Section 3 and PicallEx has confirmed that an SLA failure has occurred, then PicallEx will apply the corresponding service credit.

(d) Unless expressly stated herein, a service credit will not entitle you to any refund or other payment from PicallEx. Service credits are the sole and exclusive means of redress for any performance or availability issues with a service subject to these Terms and this SLA. Service credits are non-transferable and cannot be applied to any other account.

1. Exclusions

The Service Level commitment will not include unavailability due to:

(a) use of the Services in a manner not authorized in the Terms or contrary to what is set forth in this SLA by you, or by your employees, agents, contractors or suppliers, or any person who gains access to PicallEx through your passwords or equipment, or as a result of your failure to follow appropriate security practices;

(b) force majeure events or other factors outside of PicallEx’s reasonable control, including, but not limited to, natural disasters, wars, acts of terrorism, riots, government actions or a network or device failure external to PicallEx’s data centres;

(c) its equipment, software, network connections or other infrastructure;

(d) the use of services, hardware or software not provided by PicallEx, including, but not limited to, problems related to inadequate bandwidth or related to third-party software or services, equipment, applications, plugins, software or technology;

(e) scheduled routine maintenance or reasonable emergency maintenance;

(f) arising from the suspension and termination of their rights by PicallEx;

No Service Level Commitment or Service Credits are provided for:

(i) sandbox instances or free, proof-of-concept, beta or trial services.

END OF TERMS AND CONDITIONS

If you have any questions or concerns regarding these Terms, please contact us by writing to sos@picallex.com

8400 NW 36th St Suite 450, Doral, FL 33166, United States. +1 786 279 4222 . sos@picallex.com