Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Pica Cast, including our website, platform, software and related services (collectively, the “Service”).

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Pica Cast is a product and service operated by Allcrashing Pty Ltd (ABN 70 662 820 224), based in Sydney, New South Wales, Australia.

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In these Terms, “Pica Cast”, “we”, “us” and “our” refer to Allcrashing Pty Ltd. “You” and “your” refer to the individual or organisation accessing or using the Service.

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By creating an account, starting a free trial, purchasing a subscription or otherwise using the Service, you agree to these Terms and our Privacy Policy.

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1. Eligibility and authority

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You must be at least 18 years old and legally capable of entering into a binding agreement to use Pica Cast.

If you use the Service on behalf of a company, agency or other organisation, you confirm that:

• You have authority to accept these Terms on its behalf

• The organisation agrees to be bound by these Terms

• You are authorised to provide any information submitted through the Service

Pica Cast is primarily intended for business and professional use.

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2. Accounts

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You may need to create an account to access some or all features of the Service.

You agree to:

• Provide accurate and current account information

• Keep your login credentials confidential

• Maintain the security of your account

• Promptly update information that changes

• Notify us if you suspect unauthorised account access

• Accept responsibility for activity conducted through your account

You must not share an individual account outside the permissions allowed by your subscription plan.

Where your organisation has multiple team members, the account owner or administrator is responsible for managing their access and permissions.

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3. The Pica Cast Service

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Pica Cast may provide features including:

• Creator discovery and search

• Creator profile analysis and evaluation

• Creator recommendations

• Creator list and relationship management

• Campaign creation and management

• Search history and saved searches

• Creator outreach and communication tools

• Email templates and communication records

• AI-assisted summaries, recommendations and content

• Workspace and team collaboration

• Brief, file and link uploads

• Subscription, billing and usage management

Features may vary depending on your plan, location, account configuration and service availability.

We may add, update, modify or remove features as the Service develops.

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4. Free trials

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Pica Cast may offer free trials or limited free access.

The duration, included features and usage limits of a free trial will be shown when you register or begin the trial.

Where a free trial requires a payment method and automatically converts to a paid subscription:

• This will be disclosed before the trial begins

• You authorise the applicable payment provider to charge the displayed subscription fee when the trial ends

• You must cancel before the trial expiry date to avoid the first subscription charge

We may limit eligibility for free trials, including restricting users from repeatedly creating accounts to obtain additional trials.

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5. Subscription plans

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Pica Cast offers monthly subscription plans and may offer additional features, usage credits or add-on purchases.

Your plan details may include:

• Subscription price

• Billing frequency

• Included features

• Usage limits

• Number of authorised users

• Trial conditions

• Renewal date

• Applicable taxes

The plan details displayed at checkout or in your account form part of these Terms.

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6. Payments

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Payments may be processed by third-party payment providers, including:

• Stripe

• Wix Payments

• PayPal

By purchasing a subscription or paid feature, you authorise the applicable payment provider to charge your selected payment method for:

• Subscription fees

• Renewal fees

• Add-on purchases

• Usage-based charges where applicable

• Taxes and other charges disclosed before purchase

We do not directly collect or store complete payment card details.

You are responsible for keeping your billing and payment information current.

If a payment fails, we may:

• Retry the payment

• Ask you to update your payment method

• Restrict access to paid features

• Suspend or downgrade the account

• Terminate the subscription after reasonable notice

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7. Automatic renewal

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Unless otherwise stated at checkout, paid subscriptions automatically renew at the end of each monthly billing period.

Your selected payment method will be charged the applicable renewal fee unless you cancel before the next billing date.

Any automatic renewal terms, pricing and cancellation instructions should also be displayed during the purchase process. Automatic-renewal information should not be disclosed only in the legal terms. (ACCC)

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8. Price and plan changes

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We may change subscription prices, usage limits or included features.

Where a change materially affects an existing paid subscription, we will provide reasonable notice before the change applies to a future billing period.

You may cancel your subscription before the new price or material change takes effect.

We will not apply a price increase retrospectively to a billing period that has already been paid.

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9. Cancellation

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You may cancel your subscription through the billing or account settings made available within the Service, or by contacting us at hello@picacast.com.

Unless otherwise stated:

• Cancellation stops the next automatic renewal

• You retain access to paid features until the end of the current paid billing period

• Your account may then be downgraded, restricted or closed

• Cancellation does not automatically delete your account or User Content

• You should cancel before the renewal date to avoid the next charge

Deleting the Pica Cast application, leaving a workspace or stopping use of the Service does not by itself cancel a paid subscription.

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10. Refunds

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Except where required by applicable law, payments are generally non-refundable.

We do not ordinarily provide refunds or prorated credits for:

• Change of mind

• Unused subscription time

• Failure to use available features

• Failure to cancel before a renewal

• Dissatisfaction caused solely by results not meeting subjective expectations

• Account restriction resulting from a material breach of these Terms

We may assess refund requests on a case-by-case basis, including for:

• Duplicate charges

• Confirmed billing errors

• Material technical failures

• Payments made after a properly completed cancellation

• Exceptional circumstances

• Situations where a refund or another remedy is required by law

Nothing in these Terms excludes, restricts or modifies consumer guarantees, rights or remedies that cannot lawfully be excluded under the Australian Consumer Law. Depending on the circumstances, failure to meet applicable consumer guarantees may entitle a customer to remedies such as having a service supplied again, cancellation or a refund. (ACCC)

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11. User Content

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“User Content” includes any information or material you submit, upload, save, generate or transmit through Pica Cast, including:

• Search requests

• Campaign briefs

• Creator lists

• Notes and tags

• Files and links

• Email templates

• Outreach messages

• Communication records

• Company and product information

• Feedback and support requests

You retain ownership of your original User Content.

You grant us a limited, non-exclusive, worldwide licence to host, store, copy, process, transmit and display User Content only as reasonably necessary to:

• Provide the Service

• Generate requested search and analysis results

• Operate authorised integrations

• Facilitate communications requested by you

• Maintain security and prevent abuse

• Troubleshoot technical issues

• Comply with legal obligations

• Improve reliability and functionality using aggregated or de-identified information

You confirm that you have all rights, permissions and lawful authority necessary to submit and process your User Content.

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12. Creator and third-party information

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Pica Cast may process creator information obtained from:

• Users

• Publicly accessible sources

• Appropriately licensed sources

• Third-party data providers

• Third-party integrations

• Creators or their representatives

Creator information may include names, usernames, social profiles, public contact information, content, audience estimates, engagement data and publicly observable collaborations.

We do not guarantee that creator or third-party information is:

• Complete

• Accurate

• Current

• Authentic

• Available

• Suitable for a particular campaign or business purpose

You must independently verify relevant information before contacting a creator, making a commercial decision or entering into an agreement.

Access to creator information does not transfer ownership of the creator’s name, image, content, trademarks or other intellectual property.

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13. Creator outreach and communications

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You are responsible for communications sent or managed through your Pica Cast account.

You must ensure that your communications:

• Comply with applicable privacy, spam, advertising and marketing laws

• Are sent with any consent or legal authority required

• Accurately identify the sender

• Are not deceptive or misleading

• Include an unsubscribe or opt-out mechanism where required

• Respect valid unsubscribe and opt-out requests

• Do not constitute harassment, threats or unlawful discrimination

• Do not infringe intellectual-property or privacy rights

Australian commercial electronic-message rules generally require appropriate consent, accurate sender identification and a functional unsubscribe facility; unsubscribe requests must generally be honoured within five working days. (ACMA)

You must not use Pica Cast to send indiscriminate, deceptive, unlawful or abusive bulk communications.

We do not guarantee that communications will be delivered, opened, read, answered or accepted by a creator.

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14. AI-assisted features

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Pica Cast may use artificial intelligence and automated systems to generate:

• Creator recommendations

• Search and matching results

• Profile evaluations

• Summaries

• Campaign insights

• Suggested email content

• Draft communications

• Other automated outputs

AI-generated outputs may contain:

• Errors

• Omissions

• Outdated information

• Biased or unexpected results

• Content that is unsuitable for your intended purpose

You are responsible for reviewing and verifying AI-generated outputs before:

• Relying on them

• Sending communications

• Publishing content

• Making commercial decisions

• Entering into creator or customer agreements

AI-generated outputs do not constitute legal, financial, employment, tax or other professional advice.

We do not guarantee any particular creator, campaign, engagement, revenue or return-on-investment result.

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15. Acceptable use

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You must not use Pica Cast to:

• Violate any law or regulation

• Infringe another person’s privacy or intellectual-property rights

• Harass, threaten, deceive or impersonate another person

• Send spam or unlawful commercial communications

• Process information without appropriate authority

• Misrepresent creator, campaign or performance information

• Upload malware, malicious code or harmful content

• Gain or attempt to gain unauthorised access to accounts or systems

• Circumvent security, usage limits or access controls

• Interfere with the availability or operation of the Service

• Reverse engineer, copy or reproduce the Service except where legally permitted

• Scrape, extract or redistribute Pica Cast data without written permission

• Resell platform access or data without written permission

• Use automated methods that place an unreasonable load on the Service

• Use creator information for unlawful surveillance, profiling or discrimination

• Use the Service in a manner that violates applicable third-party platform rules

• Falsely claim an affiliation with Pica Cast or another organisation

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16. Intellectual property

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Pica Cast and its licensors retain all rights, title and interest in the Service, including:

• Software and source code

• Product designs and interfaces

• Branding and logos

• Documentation

• Workflows and platform structure

• Proprietary databases

• Original website and platform content

• Updates, modifications and improvements

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your internal business or professional purposes.

No ownership rights in Pica Cast are transferred to you.

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17. Feedback

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You may provide feedback, ideas or suggestions about the Service.

You grant us permission to use this feedback to develop and improve Pica Cast without restriction or payment, provided that we do not publicly identify you without permission.

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18. Third-party services

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Pica Cast may integrate with or rely on third-party services, including:

• Wix

• Zoho

• Alibaba Cloud

• Microsoft Entra

• Stripe

• Wix Payments

• PayPal

• AI and automation providers

• Analytics providers

• Email and communication providers

• Social media and creator-data platforms

Your use of a third-party service may also be subject to that provider’s terms and privacy policy.

We are not responsible for:

• Third-party outages

• Changes to third-party products, APIs or policies

• Restrictions imposed on your third-party accounts

• Content controlled by third parties

• Failures outside our reasonable control

Pica Cast is not affiliated with or endorsed by Instagram, Meta, TikTok, YouTube, X or another third-party platform unless expressly stated.

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19. Service availability

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We aim to provide a reliable Service but do not guarantee uninterrupted, error-free or continuous availability.

The Service may be temporarily unavailable because of:

• Scheduled maintenance

• Emergency maintenance

• Security incidents

• Software or infrastructure problems

• Third-party outages

• Internet or telecommunications failures

• Events outside our reasonable control

We may introduce usage limits or reasonable technical restrictions to protect platform stability, security and fair access.

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20. Changes to the Service

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We may update, modify or discontinue features as Pica Cast develops.

Where a change materially reduces the core functionality of an existing paid subscription, we will take reasonable steps to notify affected users.

Where appropriate, you may cancel before a material change takes effect.

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21. Suspension and termination

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We may restrict, suspend or terminate access where reasonably necessary because of:

• A material breach of these Terms

• Non-payment

• Fraud or suspected fraud

• Unlawful activity

• Security risks

• Harm to users, creators, third parties or the Service

• Repeated or serious misuse

• A legal or regulatory requirement

Where appropriate, we may provide notice and an opportunity to correct the issue.

We may act immediately where reasonably necessary to protect users, creators, third parties, data or platform security.

You may stop using Pica Cast at any time. Subscription cancellation remains subject to Section 9.

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22. Effect of termination

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When your account or subscription ends:

• Your right to use paid features ends

• We may restrict access to the account or User Content

• Outstanding payment obligations remain payable

• Provisions intended to continue after termination remain in effect

You are responsible for exporting information you need before account access ends.

We may retain or delete account information in accordance with our Privacy Policy, legal obligations and normal data-retention processes.

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23. Disclaimers

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To the maximum extent permitted by law, Pica Cast is provided on an “as available” basis.

We do not guarantee:

• Particular creator search or matching results

• The completeness or accuracy of creator information

• Creator identity, availability or suitability

• Audience authenticity

• Email delivery or response rates

• Campaign performance

• Engagement, revenue or return on investment

• Compatibility with every third-party platform

• Continuous or error-free availability

These disclaimers do not exclude rights or guarantees that cannot lawfully be excluded.

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24. Limitation of liability

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To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special or consequential losses, including loss of opportunity, anticipated savings, goodwill or profits, except where liability cannot legally be excluded or limited.

To the maximum extent permitted by law, our aggregate liability arising from or relating to the Service will not exceed the total fees paid by you to Pica Cast during the 12 months immediately before the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited or excluded.

Where an applicable statutory guarantee allows liability to be limited, our liability may, at our option, be limited to:

• Supplying the relevant Service again; or

• Paying the reasonable cost of having the Service supplied again

Australian unfair-contract-term laws can apply to standard-form consumer and small-business contracts, so exclusions, unilateral-change rights and liability clauses must remain reasonably balanced rather than removing all customer rights. (ACCC)

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25. Responsibility for claims

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To the extent caused by your unlawful conduct, User Content or material breach of these Terms, you are responsible for reasonable losses, liabilities and costs we incur as a result of a third-party claim.

You are not responsible under this section for losses caused by our negligence, unlawful conduct or material breach of these Terms.

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26. Privacy

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Our collection, use and disclosure of personal information is described in our Privacy Policy.

By using the Service, you acknowledge that personal information may be processed by service providers reasonably required to operate Pica Cast.

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27. Changes to these Terms

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We may update these Terms to reflect changes to:

• The Service

• Subscription plans

• Technology

• Service providers

• Security or operational practices

• Applicable legal requirements

The updated Terms will be published with a revised effective date.

Where a change materially affects an existing paid subscription, we will provide reasonable notice before the change takes effect.

If you do not agree with a material change, you may cancel your subscription before it takes effect.

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28. General terms

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If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A failure or delay in enforcing a provision does not waive the right to enforce it later.

You may not transfer your rights or obligations under these Terms without our written consent.

We may transfer our rights and obligations in connection with a merger, restructuring, financing or sale of all or part of the business, subject to applicable law.

These Terms, together with our Privacy Policy and any plan-specific conditions presented at checkout, form the agreement between you and Pica Cast concerning the Service.

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29. Governing law

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These Terms are governed by the laws of New South Wales, Australia.

You and Allcrashing Pty Ltd submit to the jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts, subject to any mandatory legal rights or jurisdictional protections that apply.

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30. Contact us

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Allcrashing Pty Ltd
ABN 70 662 820 224
Pica Cast
Sydney, New South Wales, Australia
Email: hello@picacast.com