Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and FLO Standard INC (“FLO Standard,” “PYREXA,” “we,” “us,” or “our”), a corporation incorporated in the State of Delaware operating the PYREXA™ AI receptionist platform. PYREXA™ is a trademark of FLO Standard INC. By accessing or using the PYREXA platform, website, APIs, or any related services (collectively, the “Service”), you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

We reserve the right to update or modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect, either through the Service or by sending you an email. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

2. Description of Service

PYREXA provides an AI-powered receptionist platform that enables businesses to automate and manage inbound phone communications. The Service includes, but is not limited to:

• AI Call Handling. Automated answering, routing, and management of inbound phone calls using artificial intelligence, including natural language understanding and voice synthesis.
• Call Transcription and Summaries. Real-time transcription of calls with AI-generated summaries, action items, and sentiment analysis.
• Appointment Scheduling. Integration with calendar systems (Google Calendar, Microsoft Outlook, and others) to book, reschedule, and manage appointments on behalf of callers.
• CRM and EHR Integrations. Connections to customer relationship management platforms, electronic health record systems, and other business tools via native integrations and APIs.
• Dashboard and Analytics. A web-based control panel for configuring AI behavior, reviewing call logs, accessing analytics, and managing account settings.
• API Access. Programmatic access to PYREXA functionality for custom integrations and workflows.
• Voicemail and Message Handling. Intelligent voicemail capture, transcription, and notification delivery.

The specific features available to you depend on your subscription plan. PYREXA reserves the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to affected customers.

3. Account Registration and Responsibilities

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete at all times.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account. PYREXA will not be liable for any loss arising from unauthorized use of your account where you have failed to maintain the security of your credentials.

3.3 Account Administrators

If you create an account on behalf of an organization, you represent that you are authorized to do so. The account administrator is responsible for managing user access, permissions, and ensuring that all users comply with these Terms.

3.4 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to call recording consent laws, telemarketing regulations (TCPA), healthcare privacy regulations (HIPAA), and data protection laws (GDPR, CCPA).

4. Subscription Plans and Billing

4.1 Subscription Plans

The Service is offered through paid subscription plans with varying features, usage limits, and pricing tiers. PYREXA does not offer a free API tier. All access to the Service requires an active paid subscription. Current plan details and pricing are available on our website at pyrexa.ai/pricing.

4.2 Billing and Payment

Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. All payments are processed securely through Stripe. By providing payment information, you authorize PYREXA to charge your payment method for all fees associated with your subscription.

4.3 Overage Charges

If your usage exceeds the limits included in your subscription plan (e.g., call minutes, number of phone lines), overage charges will apply at the rates specified in your plan details. We will notify you when you approach your usage limits and provide the option to upgrade your plan.

4.4 Price Changes

PYREXA reserves the right to change subscription prices. We will provide at least 30 days' written notice of any price increase. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

4.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities on your subscription, except for taxes based on PYREXA's net income.

5. Cancellation and Refunds

5.1 Billing on Signup

All paid plans (Starter, Growth, Pro, Scale) are billed at the plan rate on signup. A valid payment method is required and is charged immediately upon account creation. There is no free trial. All charges, once collected, are final and non-refundable. If a renewal payment fails and your subscription becomes past-due, your account is suspended (read-only access retained); you may resume by re-attaching a working payment method.

5.2 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting us at [email protected]. Upon cancellation:

• Monthly subscriptions: Your access will continue until the end of the current billing period. No refund will be issued for the remaining days in the billing period.
• Annual subscriptions: You will receive a pro-rata refund for the unused portion of your annual subscription, calculated from the date of cancellation to the end of the annual billing period.

5.3 Refund Policy

Refunds for annual plans are calculated on a pro-rata basis using the monthly equivalent rate of your annual plan. No refunds are issued for monthly subscriptions, partial months, or overage charges already incurred.

5.4 Termination by PYREXA

PYREXA may suspend or terminate your account at any time for cause, including but not limited to violation of these Terms, non-payment, fraudulent activity, or use of the Service that poses a security risk. In the event of termination for cause, no refund will be issued. PYREXA may also terminate your account without cause upon 30 days' written notice, in which case a pro-rata refund will be provided.

5.5 Data After Termination

Upon termination or expiration of your subscription, PYREXA will retain your data for 30 days to allow you to export it. After the 30-day period, we will delete your data in accordance with our Privacy Policy, unless retention is required by law.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Make or facilitate unsolicited calls, robocalls, or telemarketing in violation of the TCPA or equivalent laws
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use the Service to develop a competing product or service
• Resell, sublicense, or redistribute the Service without PYREXA's prior written consent
• Use the Service to engage in any form of fraud, phishing, or social engineering
• Upload or transmit viruses, malware, or other malicious code
• Use the AI receptionist to deceive callers about whether they are speaking with a human or an AI, where such disclosure is required by law

PYREXA reserves the right to investigate and take appropriate legal action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. Intellectual Property

7.1 PYREXA's Intellectual Property

The Service, including all software, algorithms, AI models, designs, text, graphics, logos, and trademarks, is owned by or licensed to PYREXA and is protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use it in accordance with these Terms.

7.2 Your Content

You retain all rights to the data and content you submit to the Service (“Your Content”). By using the Service, you grant PYREXA a limited, non-exclusive, worldwide license to use, process, and store Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or close your account, except as required for backup, archival, or legal compliance purposes.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you agree that PYREXA may use such Feedback without restriction or obligation to you. Feedback is provided on a non-confidential basis, and PYREXA may freely use, reproduce, modify, and distribute it.

8. API Usage Terms and Rate Limits

8.1 API Access

API access is included with all paid subscription plans. PYREXA does not offer a free API tier. API keys are provided upon account creation and are subject to the usage limits of your subscription plan.

8.2 Rate Limits

API usage is subject to rate limits that vary by subscription plan. Standard rate limits are documented in your dashboard once you have an API key provisioned. Exceeding rate limits will result in throttled responses (HTTP 429). Persistent abuse of rate limits may result in temporary or permanent suspension of API access.

8.3 API Key Security

You are responsible for securing your API keys and must not share them publicly or embed them in client-side code. If you believe an API key has been compromised, you must rotate it immediately through your dashboard. PYREXA is not liable for unauthorized access resulting from compromised API keys.

8.4 API Changes

PYREXA may update the API from time to time. We will provide at least 90 days' notice before deprecating any API endpoint and will maintain backward compatibility for major versions for at least 12 months after a new major version is released.

9. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understand our Privacy Policy.

Where you use the Service to process personal data of your own customers, employees, or other individuals, you act as the data controller and PYREXA acts as the data processor. You are responsible for obtaining all necessary consents and providing all required notices to individuals whose data is processed through the Service. Upon request, PYREXA will enter into a Data Processing Agreement (DPA) that complies with applicable data protection laws.

10. HIPAA Business Associate Agreement

If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and intend to use the Service to process Protected Health Information (“PHI”), the following provisions apply:

• BAA Requirement. You must execute a Business Associate Agreement (BAA) with PYREXA before transmitting any PHI through the Service. Contact [email protected] to initiate the BAA process.
• HIPAA-Eligible Plans. HIPAA-ready configurations are available on Growth, Pro, Scale, and Enterprise plans with a signed BAA. Starter does not support HIPAA-eligible configurations.
• Obligations. PYREXA will implement appropriate administrative, physical, and technical safeguards to protect PHI as required by HIPAA and the HITECH Act. PYREXA will report any security incident or breach of unsecured PHI in accordance with applicable law.
• Permitted Uses. PYREXA will use and disclose PHI only as permitted under the BAA and as necessary to provide the Service. PYREXA will not use PHI for marketing purposes or disclose PHI to unauthorized third parties.
• Subcontractors. PYREXA will ensure that any subcontractor that creates, receives, maintains, or transmits PHI on our behalf agrees to the same restrictions and conditions that apply to PYREXA under the BAA.

11. Service Level Agreement

11.1 Uptime Commitment

PYREXA commits to a 99.9% monthly uptime for the core call handling service, measured as the percentage of total minutes in a calendar month during which the Service is available and operational. Scheduled maintenance windows (announced at least 48 hours in advance) are excluded from uptime calculations.

11.2 Service Credits

If the monthly uptime falls below 99.9%, you may be eligible for service credits as follows:

Service credits must be requested within 30 days of the end of the affected month by contacting [email protected]. Credits are applied to future invoices and do not entitle you to a cash refund.

11.3 Exclusions

The SLA does not apply to downtime resulting from: (a) factors outside our reasonable control, including force majeure events; (b) your equipment, software, or network connections; (c) your breach of these Terms; (d) scheduled maintenance; or (e) third-party service outages (e.g., telephony carrier outages).

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PYREXA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PYREXA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

12.3 Cap on Liability

PYREXA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO PYREXA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY.

12.4 AI Disclaimer

You acknowledge that the Service uses artificial intelligence, which may occasionally produce inaccurate, incomplete, or inappropriate responses. PYREXA is not liable for any actions taken by callers or third parties based on information provided by the AI receptionist. You are responsible for configuring the AI's knowledge base, scripts, and escalation rules to ensure appropriate handling of calls for your business.

13. Indemnification

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

• Your use of the Service in violation of these Terms
• Your violation of any applicable law, rule, or regulation
• Your Content or any data you process through the Service
• Your failure to obtain required consents from callers or data subjects
• Any claim by a third party arising from calls handled through your account
• Your negligent or willful misconduct

PYREXA will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation at your expense. You shall not settle any claim without PYREXA's prior written consent if the settlement imposes any obligation on PYREXA or admits fault on PYREXA's behalf.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiations within 60 days.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, the exclusive jurisdiction and venue for any action shall be the state and federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

PYREXA reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms on our website and, for material changes, by sending an email to the address associated with your account. The “Last updated” date at the top of these Terms indicates when they were most recently revised.

If you do not agree to the revised Terms, you must stop using the Service before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, any applicable BAA or DPA, and any order forms or subscription agreements, constitute the entire agreement between you and PYREXA regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

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

17.3 Waiver

The failure of PYREXA to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PYREXA.

17.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without PYREXA's prior written consent. PYREXA may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.5 Force Majeure

PYREXA shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond PYREXA's reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, Internet or telecommunications failures, and third-party service outages.

17.6 Notices

All notices to PYREXA under these Terms should be sent to [email protected]. Notices to you will be sent to the email address associated with your account. Notices are deemed received when sent via email, or three business days after being sent by certified mail.

18. Contact Us

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