
The Picklr
FRANCHISEE TERMS & CONDITIONS
By clicking "I Agree", you ("Franchisee") acknowledge that you have read, understand, and agree to be bound by the following terms and conditions governing your use of the Voxie conversational marketing platform (the "Voxie Platform") as a franchisee owner/operator of The Picklr, LLC ("Corporate"). Your access to and use of the Voxie Platform is subject to these terms, the Voxie Terms and Conditions available at www.voxie.com/terms, and the governing Statement of Work ("agreement") between Voxie, Inc. ("Voxie" or "Company") and Corporate.
1. Fees & Pricing
By accepting these terms, Franchisee agrees to pay the following fees for each location operated by Franchisee that is onboarded to the Voxie Platform:
Monthly Minimum Messaging Spend: $25.00 per location per month (inclusive of Carrier Fees). This is the Franchisee's portion of the per-location messaging commitment. The Monthly Minimum Messaging Spend is a minimum commitment, not a usage cap. Franchisee's actual Usage Fees may exceed the Monthly Minimum Messaging Spend in any given month. If actual Usage Fees exceed $25.00 in a month, Franchisee will be billed for the full amount of actual usage at the per-segment and per-message rates below, plus applicable Carrier Fees.
Usage Rates:
- SMS Segment: $0.014 per segment
- MMS Message: $0.050 per message
A "Segment" means (i) one SMS message consisting of up to 160 characters, or (ii) a single MMS message consisting of a multimedia file attached to an SMS message.
Carrier Fees are charged in addition to the per-segment rates above and vary by carrier and message type. Current Carrier Fee schedules are available at explore.voxie.com/carrier-fees. Carrier Fees are subject to change based on carrier policies. Voxie will provide 30 days' advance notice of changes via email whenever commercially reasonable, except where carriers implement changes beyond Voxie's control.
2. Monthly Minimum Commitment
Franchisee acknowledges and agrees to be bound by the Monthly Minimum Messaging Spend of $25.00 per location per month for the entirety of the Term. If actual Usage Fees in any month are less than the Monthly Minimum Messaging Spend, the difference will appear as a separate line item on the invoice. If actual Usage Fees exceed the Monthly Minimum Messaging Spend in any month, Franchisee will be invoiced for the full amount of actual usage at the applicable unit rates and Carrier Fees set forth in Section 1 above — there is no cap on usage charges. Only SMS and MMS rates and their respective Carrier Fees are included in the Monthly Minimum Messaging Spend calculation.
Any cancellation or termination by Franchisee will result in Franchisee being invoiced for the sum of the remaining Monthly Minimum Messaging Spend amounts for all months left in the Term.
3. Term & Renewal
The term of this agreement is coterminous with the Agreement between Voxie and Corporate (the "Term"). This agreement will automatically renew for successive terms of equal length at the end of the Term unless notice of cancellation has been given to support@voxie.com at least sixty (60) days prior to the end of the Term.
4. Billing & Payment
Franchisee is responsible for providing Voxie with accurate billing and contact information and notifying Voxie of any changes within thirty (30) days. Notice should be sent to billing@voxie.com.
Franchisee agrees to pay monthly invoices via credit card that Voxie will store and automatically charge monthly. Billing begins on the Go Live Date, defined as the first day Voxie begins sending message traffic to any carrier on behalf of Franchisee's location(s).
Any invoice disputes must be received by Voxie in writing within ten (10) days of receipt. Disputes should be sent to finance@voxie.com.
Voxie reserves the right to charge interest at a rate of 1.5% of the outstanding balance per month on any invoice amount sixty (60) days or more past due. If Franchisee fails to pay any undisputed invoice within sixty (60) days of the due date, Voxie may suspend Franchisee's access to the Voxie Platform and require payment in full before restoring access.
Franchisee agrees to pay any and all applicable taxes, including but not limited to sales tax, for which Voxie is required to collect.
5. Consent Obligations
Franchisee represents and warrants that it has obtained all "opt-ins" and other forms of consent required under applicable federal and state law to initiate or transmit text message content to the recipients associated with the telephone numbers uploaded or provided for upload to the Voxie Platform. Franchisee further represents and warrants that it honors all "opt-outs" and similar revocations of consent received from text message recipients and has ensured that all such telephone numbers have been removed from any list uploaded or provided for upload to the Voxie Platform.
Franchisee indemnifies and holds harmless Voxie for any claims arising from Franchisee's failure to obtain proper consent from text message recipients or to honor any consent revocation provided by a text message recipient.
6. Additional Terms
This agreement is subject to the Voxie Terms and Conditions at www.voxie.com/terms. In the event of a conflict between these terms and the Agreement between Voxie and Corporate, the Agreement shall control.
By clicking "I Agree," Franchisee confirms that it has the authority to enter into this agreement on behalf of the franchise location(s) identified in the Voxie Platform, and agrees to be bound by all terms set forth above.