Terms of Service

These are the terms for using PGM AGENCY (the "Service") and the website at https://pgmagency.ai (the "Site"). Plain English on purpose. If you use the Site or the Service, you agree to them. If you do not agree, do not use them.

Your signed agreement with us, if you have one, comes first. Where it says something different from this page, the signed agreement wins.

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1) Who we are

PGM AGENCY sets up and runs Katie, an AI receptionist, for small businesses: trades, studios and small offices. Katie answers your phone and your website chat around the clock, answers questions from the facts you give us, books jobs and appointments, texts back missed calls, sends reminders, follows up and asks for reviews. We build and run this on PGM SAAS, our own system. Katie is also our own receptionist: call 667 200 1077 to hear her.

2) What the Service is, and is not

The Service is the setup and the running of Katie and the system behind her for your business. We train her on your business, connect your phone number and calendar, and keep it working.

We do not promise a number of calls, bookings, reviews or dollars. We cannot fix a slow business or poor work. What we do is make sure every call and chat gets answered and followed up. Results depend on your trade, your area, your prices and your own follow-through.

3) Katie is an AI, and calls are recorded

Katie tells every caller, at the start of the call, that the call may be recorded. If a caller asks whether she is a person, she says she is a virtual assistant. We do not hide either fact, and you may not ask us to.

Recordings and chat transcripts exist so you can hear what your customers asked, and so we can tune Katie's answers. You are responsible for any notice your state or industry requires beyond what Katie says. Some states require that all parties agree to recording; Katie's notice at the start of the call is there for that reason.

Recordings and transcripts of Katie's calls and chats with your customers are part of your customer data (section 7). We keep them while you are a client, because they are the record of what a customer was told, and you can ask us to delete any of them at any time. When you leave, they go to you with the rest of your customer data and we delete our copy within 30 days.

4) Your account and your people

You must be able to sign a binding agreement where you live. You are responsible for what happens under your account and for keeping your logins private. If one of your people uses the system, their use is your use.

5) What you may not do

You agree not to use the Site or Service to:

• break any law or rule
• send spam, unwanted messages or anything misleading
• harass, threaten, defraud or harm anyone
• load in customer data you do not have the right to use
• probe, scan or test the security of the Service
• interfere with the Service or the systems behind it
• copy or reverse engineer the Service, except where the law lets you

6) Texting, calling and consent

The Service sends texts, emails and calls on your behalf: booking confirmations, reminders, text-back after a missed call, follow-ups. You confirm that you have the right to contact the people it contacts and that you will follow the laws that apply, including the TCPA and state rules. Katie never places cold calls and the system never sends cold texts.

Business texting needs approval from the phone companies before texts can go out. We file for it on your behalf on setup day. It takes the phone companies days to weeks and cannot be rushed. Until it clears, Katie answers calls and chat; texting switches on when it clears.

Delivery of a text or call is never guaranteed. Carriers filter, networks fail, phones are off. You are responsible for honouring opt-outs (a reply of "STOP" and the like); the system handles the common ones for you.

7) Your customer data, and our record of working with you

There are two kinds of data in our work together, and we treat them differently.

Your customer data is everything about your customers and leads that lives in your account: contacts, bookings, messages, the recordings and transcripts of Katie's calls and chats with them, reviews, estimates and invoices, and the content of your website. It is yours. You give us permission to use it only to run, keep safe and support the Service, and you are responsible for the accuracy and legality of what you bring in. When the Service ends we export all of it and hand it to you, then delete our copy within 30 days. We keep none of it. The 30 days is working time to export, confirm you have it, and delete; it is not a retention period.

Our record of working with you is what passes between you and us: our calls, emails, chats and meeting notes with you, your signed agreement and our invoices to you, the setup checklist you filled in, support requests, and our notes on how your setup was built and tuned. This is our business record, not your customer data, and we keep it after the Service ends. We keep it for three reasons: it is the proof of what was agreed, done and said on both sides if there is ever a dispute; it lets us pick up where we left off if you come back; and it is how we learn what works for a business like yours. It holds none of your customers' personal data. We do not sell it or share it outside PGM except as the Privacy Policy says, and where we learn across clients we keep what worked, not who it worked for.

8) Other companies we rely on

The Service runs on other companies' systems: hosting, phone and texting carriers, AI providers, calendars, payment processors. We are not responsible for their outages, filtering, errors or policy changes. We will tell you when one of them affects you and work around it where we can.

9) Price, billing and the first year

The price you pay is the price on the page or in your signed agreement the day you sign. The rate for our next ten clients is $500 a month plus a $1,000 one-time setup fee, or $5,000 a year with no setup fee. Yearly pays for ten months, gets twelve, and we cover the start-up costs. That rate is locked for 12 months from your setup day. Our list price is $1,500 a month plus the same setup fee, or $15,000 a year with no setup fee. We raise that rate in steps as we grow, not all at once.

At the end of each 12 months your agreement renews for another term, yearly or month to month as you choose. The renewal rate is the rate new clients are paying at that time. If it differs from yours, we tell you in writing at least 30 days before your term ends, so there are no surprises.

Usage costs are billed at our cost, with no markup: phone minutes, texting, your domain and the business texting registration. For most small shops this is under $50 a month. We invoice you, and you pay by check or by card through Stripe. Usage costs are prepaid in small blocks, about $100 at a time, drawn down as they are used and topped up when they run out, and we show you every charge.

Monthly plans bill each month in advance. On monthly plans the setup fee covers your start-up costs: Google accounts, phone numbers, business texting registration and your domain. We keep none of it, and once those are bought it is not refundable. Yearly plans bill once a year in advance. You may stop future billing at any time by telling us in writing; money already paid is not refunded unless the law requires it or your signed agreement says so.

10) One business per trade per area

We work with one business per trade in an area. The area is about 20 miles around you, drawn together on a map before you sign, with sense applied at the edges (a river, a city line). While you are a client in good standing we will not set up Katie for a direct competitor inside that area. This applies to the done-for-you Service only. People who use the self-serve system on their own at pgmsaas.com are not covered by this promise.

11) Changes and the yearly re-tune

Once a year we re-tune your setup for free: the website, the flows and Katie's training, for reasonable changes to your business. Changes more often than that, or a rebuild, are charged as service work at a rate we agree before we start. Small fixes to something we got wrong are always free.

12) Our promise and your part

We stand behind the Service: if something we set up does not work, we work with you until it does. You have to do your part: send us what the setup checklist asks for, answer when Katie books you a job, and tell us when something is off.

13) Ending the Service

You may stop at any time by telling us in writing; billing stops at the end of the period you have paid for, and the 12-month term is a price lock, not a cage. We may suspend or end the Service if you break these terms, if we must to keep the Service safe, or if the law requires it. When the Service ends, your phone number goes back to your control, we export your customer data and hand it to you, and we delete our copy within 30 days. Our record of working with you is kept, as section 7 says. Parts of these terms that should outlive the Service do: ownership, warranty, limits on liability and indemnity.

14) Ownership

The Site and the Service, including Katie's prompts, flows and templates, belong to PGM AGENCY or its licensors. Your business name, logo, photos and customer data stay yours. You may not copy, resell or lease any part of the Service without our written permission.

15) No warranty

The Site and Service are provided "as is" and "as available". To the extent the law allows, we make no warranties, express or implied, including merchantability, fitness for a purpose and non-infringement.

16) Limit on liability

To the extent the law allows, PGM AGENCY is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim about the Service will not exceed what you paid us for the Service in the three months before the event that led to the claim.

17) Indemnity

You agree to defend and hold PGM AGENCY harmless from claims, damages, losses and costs (including reasonable attorneys' fees) that come from your use of the Service, your customer data, or your breaking of these terms or the law.

18) Links to other sites

The Site links to other companies' sites. We do not control them and are not responsible for their content or their privacy practices.

19) Governing law

These terms are governed by the laws of Maryland, United States, without regard to conflict-of-law rules.

20) Changes to these terms

We may update these terms by posting the new version here with a new date. For clients with a signed agreement, a change that makes the deal worse for you does not apply until your next renewal, and we will tell you about it first. If you keep using the Site or Service after a change, you accept it.

21) Contact

Questions about these terms: [email protected], or call Katie at 667 200 1077 and ask for a person.