Terms & Conditions
These Terms & Conditions ("Terms") govern your access to and use of the Picket platform, websites, and related services (collectively, the "Services") provided by Verba, Inc., which operates as Picket ("Picket," "we," "us," or "our"). By accessing or using the Services you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
1. Service orders
The specific Services made available to you, the applicable fees, term, and any custom configuration are set forth in a service order, online sign-up page, or other written or electronic agreement between you ("Customer") and Picket (each, an "Order"). Each Order is incorporated into and governed by these Terms. If there is a conflict between an Order and these Terms, the Order controls for the Services covered by that Order.
2. Access to the Services
Subject to your compliance with these Terms and payment of any applicable fees, Picket grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the term of your Order, solely for your internal business purposes.
You agree not to:
- share login credentials, account access, or API keys with anyone outside your organization;
- reverse engineer, decompile, or attempt to extract the source code of the Services, except where applicable law expressly permits;
- use the Services to build a competing product or service;
- upload content that you do not have the right to upload, or that infringes the rights of any third party;
- interfere with the Services, attempt to gain unauthorized access to any system or account, or perform security testing without our prior written consent;
- use the Services in violation of any applicable law or regulation, including export control laws.
You are responsible for the conduct of users acting under your account, and for maintaining the confidentiality of your credentials.
3. AI features, outputs, and responsibilities
The Services use artificial intelligence and large language models to retrieve, summarize, and answer questions about the construction documents you upload. We refer to the responses generated by the Services as "Outputs."
Outputs are generated by statistical models and may contain errors, omissions, or inaccurate statements. Picket constrains answers to your uploaded documents and provides page-level citations wherever possible, but you remain responsible for independently verifying any Output before relying on it for professional, financial, safety-critical, regulatory, or legal decisions. The Services are not a substitute for engineering, legal, or other professional advice and do not establish a professional relationship.
Subject to your compliance with these Terms, Picket assigns to you all right, title, and interest it has in the Outputs generated specifically for you. You acknowledge that other users may receive similar or identical Outputs, and that Outputs are not eligible for trademark, copyright, patent, or similar protection in many jurisdictions.
4. Customer data, usage data, and privacy
"Customer Data" means the documents, chat messages, and any other materials you submit to the Services. You retain all right, title, and interest in your Customer Data. You grant Picket a worldwide, non-exclusive, royalty-free license to host, store, process, and display the Customer Data solely as necessary to provide and improve the Services for you.
Picket does not use Customer Data to train any general-purpose AI model, ours or a third party's. Customer Data is processed only to serve answers back to your workspace.
"Usage Data" means de-identified, aggregated information about your use of the Services (such as query latency, error rates, feature usage counts). Picket may use Usage Data for any lawful purpose, including operating, improving, and securing the Services.
Our collection and use of personal information is described in our Privacy Policy.
5. Security
Picket maintains commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, including encryption in transit and at rest, tenant isolation, and least-privilege access controls. You are responsible for the security of your accounts, credentials, and the devices you use to access the Services.
If we become aware of a security incident affecting your Customer Data, we will notify you without undue delay and provide reasonable assistance with your investigation and response obligations.
6. Fees and payment
Fees, billing frequency, and payment terms are set forth in your Order. Unless otherwise specified, fees are due upon receipt of invoice, are non-refundable, and exclude all taxes, levies, or duties imposed by taxing authorities (which you are responsible for paying, other than taxes based on Picket's net income).
Late payments accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. We may suspend the Services for non-payment after providing reasonable notice.
7. Intellectual property and publicity
Picket and its licensors retain all right, title, and interest in and to the Services, including all software, content, documentation, trademarks, and improvements thereto. No rights are granted to you other than as expressly set forth in these Terms.
You agree that Picket may identify you as a customer (using your name and logo) on its website, marketing materials, and investor communications, in a manner consistent with your brand guidelines. You can opt out at any time by emailing us at the address below.
We welcome feedback. If you provide suggestions, ideas, or feedback about the Services, you grant Picket a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.
8. Confidentiality
Each party may disclose Confidential Information to the other in connection with the Services. "Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances. Customer Data is your Confidential Information. The Services themselves (including pricing, performance, and features) are Picket's Confidential Information.
Each party will protect the other's Confidential Information with at least the same care it uses to protect its own confidential information of similar sensitivity (and no less than reasonable care), and will use Confidential Information only to perform under these Terms.
9. Term and termination
These Terms begin on the date you first access the Services and continue until terminated. Either party may terminate an Order for material breach if the other party fails to cure the breach within 30 days of written notice.
You may terminate your account at any time by contacting us. Upon termination, your right to use the Services ends, and we will delete your Customer Data within 30 days (subject to limited retention required by law or for legitimate business purposes). Sections that by their nature should survive termination (including IP, confidentiality, warranties, liability, and general terms) will survive.
10. Warranties and disclaimers
Each party represents that it has the legal authority to enter into these Terms. Picket will provide the Services in a workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PICKET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
11. Indemnification and limitations on liability
You will defend, indemnify, and hold Picket and its officers, directors, employees, and agents harmless from and against any third-party claims arising from (a) your Customer Data, (b) your use of the Services in breach of these Terms or applicable law, or (c) your violation of any third-party rights.
EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONFIDENTIALITY, OR INDEMNIFICATION OBLIGATIONS: (i) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY YOU TO PICKET IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. General terms
Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of such courts.
Assignment
You may not assign or transfer these Terms or any rights or obligations under them without Picket's prior written consent. Picket may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets.
Force majeure
Neither party will be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility outages, or government actions.
Entire agreement; modifications
These Terms (together with any applicable Order and our Privacy Policy) constitute the entire agreement between the parties regarding the Services and supersede any prior or contemporaneous agreements on the same subject matter. We may update these Terms from time to time; if we make material changes, we will provide notice via email or through the Services before the changes take effect.
Notices
Notices to Picket should be sent to legal@picket.build. Notices to you may be sent to the email address associated with your account.
Severability and waiver
If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. A party's failure to enforce any right under these Terms is not a waiver of that right.