1. Introduction
These Terms of Service (the "Terms") are a binding agreement between
you and Practico Software LLC, a limited liability company organized
under the laws of New York ("Practico", "we",
"us", or "our"), governing your access to and use
of the Tiko marketing website at practicoits.com, the Tiko web
application at app.practicoits.com, any related APIs, and any other
services we offer that link to these Terms (collectively, the "Services").
Tiko is a back-office management platform for HVAC and other field-service small businesses, including tools to manage customers, estimates, invoices, payments, expenses, templates, a client portal, and an AI assistant.
By creating an account, clicking "I agree" (or similar), or by accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. 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, and "you" refers to both you personally and that entity.
If you do not agree to these Terms, do not use the Services.
2. Eligibility
To use the Services you must be at least 18 years old and capable of entering into a binding contract. You may not use the Services if you are barred from doing so under applicable law. The Services are intended for use by businesses and their authorized personnel, not for personal or household use.
3. Accounts and organizations
3.1 Account creation
You create an account through our authentication provider. You are responsible for providing accurate information and keeping it up to date.
3.2 Organizations and members
Tiko is multi-tenant. A customer business is represented as an "Organization" (also referred to as a "workspace" or "Subscriber" account). The person who creates the Organization is its initial owner and may invite additional members and assign roles. Members have access to Organization data according to the role assigned to them by an Organization administrator.
The Organization — not individual members — is the "Customer" for billing purposes and is responsible for the acts and omissions of its members in connection with the Services.
3.3 Account security
You are responsible for safeguarding your credentials, for any activity under your account, and for immediately notifying us at support@practicoits.com of any suspected unauthorized access. We are not liable for any loss arising from your failure to protect your credentials.
4. Subscriptions, trials, and billing
4.1 Subscription plans
Access to the paid features of Tiko is sold as a subscription. Your plan, seat count, billing interval (monthly or annual), trial status, and AI credit allowance are recorded in your Organization's billing state and shown in the application. By subscribing, you authorize us and our payment processor Stripe to charge the payment method you provide.
4.2 Free trials
We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid subscription at the then-current rate for your selected plan unless you cancel before the trial ends. Trial availability and terms may change.
4.3 Fees and taxes
All fees are stated in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying. Fees are non-refundable except as expressly provided in these Terms or as required by law. We may change our prices on prospective notice; changes take effect at the start of the next billing cycle.
4.4 AI credits
Tiko's AI assistant consumes credits from your Organization's allowance. Each billing cycle, your plan includes a monthly credit allotment that does not roll over. You may also purchase additional credit packs, which are consumed only after your monthly credits are exhausted. Credit consumption is based on your AI usage and is recorded in an AI credit ledger inside your workspace.
Credits are a prepaid software license, not stored value, and have no cash value. Unused monthly credits expire at the end of each billing cycle. Purchased credit packs do not expire. Credit purchases are non-refundable except as required by law.
4.5 Late payment and suspension
If a charge fails or a payment is past due, we may suspend or limit access to the Services until payment is received. We may terminate Organizations whose accounts remain unpaid.
4.6 Cancellation
You may cancel your subscription at any time through the application or by contacting us. Cancellation stops future billing at the end of the current billing period; you will retain access through the end of the period you have paid for. We do not provide refunds for partial billing periods.
4.7 Payment processor
Subscription payments are processed by Stripe. By subscribing, you also agree to Stripe's terms and privacy policy. We do not store full card numbers on our servers.
5. In-product payment acceptance (Stripe Connect — Standard accounts)
If you enable in-product payment acceptance, you connect a Stripe Standard account to your Organization so your own customers can pay invoices through Tiko. Standard accounts are full Stripe accounts that you own and manage directly on Stripe's dashboard. You acknowledge and agree that:
- You, not Practico, are the merchant of record for all transactions with your customers.
- You hold a direct contractual relationship with Stripe and must accept Stripe's Services Agreement, Connected Account Agreement, and other applicable Stripe terms directly with Stripe. Tiko is not a party to that relationship.
- Stripe — not Practico — handles cardholder data, KYC/identity verification, payout schedules, dispute handling, and PCI compliance for your connected account. Practico does not store card numbers, CVVs, or bank account numbers on its servers, and does not hold or custody your customers' funds.
- You are solely responsible for your products and services, pricing, taxes, chargebacks, disputes, refunds, and compliance with payment card network rules and applicable law.
- You will not use Tiko to process payments for any activity that is unlawful, deceptive, or prohibited by Stripe or applicable card network rules.
- If Stripe suspends, restricts, or closes your connected account, Tiko's in-product payment acceptance will stop working until you resolve the issue directly with Stripe.
6. Customer content and license to us
6.1 Your content
"Customer Content" means all data, files, text, images, documents, customer records, estimates, invoices, payments, expenses, templates, attachments, and other materials you or your members upload, generate, or transmit through the Services, including content generated by interactions with the AI assistant. As between you and us, you retain all right, title, and interest in and to your Customer Content.
6.2 License to us
You grant Practico a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and create derivatives of your Customer Content solely as needed to provide, secure, and improve the Services for you, to comply with law, and to enforce these Terms. We may generate aggregated, de-identified data from your use of the Services and use it to operate and improve the Services, provided the data cannot reasonably be used to identify you, your Organization, or your customers.
6.3 Your responsibilities
You represent and warrant that:
- You own or have all necessary rights, consents, and permissions to upload Customer Content to Tiko and to allow us to process it as described here and in the Privacy Policy.
- Your Customer Content and your use of the Services do not violate any law or third-party right (including privacy, publicity, intellectual property, and contractual rights).
- You are responsible for the accuracy of estimates, invoices, tax amounts, payment records, and any communications you send through the Services.
- You will obtain any consents, provide any notices, and honor any data subject requests required by law with respect to information about your customers, employees, and contractors that you store in Tiko.
6.4 Backups and export
You are responsible for maintaining your own backups of Customer Content. We may provide export functionality for certain data, but we are not a substitute for your own backup and records retention practices.
7. Acceptable use
You will not, and will not permit any member or third party to:
- Use the Services to violate any law, regulation, or third-party right.
- Upload or transmit malicious code, viruses, or other harmful components.
- Attempt to gain unauthorized access to the Services, other accounts, or underlying infrastructure, or otherwise probe, scan, or test the vulnerability of any system without authorization.
- Interfere with or disrupt the integrity or performance of the Services, or the data they contain.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent such restriction is prohibited by law.
- Resell, rent, lease, or offer the Services on a service-bureau basis to third parties except through the intended multi-seat and client-portal features.
- Use the Services to store or process information for which you lack legal authority, including special categories of personal data that are not appropriate for an HVAC back-office tool (for example, protected health information in a regulated medical context).
- Send spam or unsolicited communications, impersonate others, or misrepresent your affiliation.
- Scrape, harvest, or otherwise collect information from the Services without our written permission, except through features we expressly provide.
- Use the AI assistant in a way that is prohibited by Section 8 below or that violates the terms of any upstream model provider.
- Use the Services to benchmark, compare, or publish performance, feature, or pricing data about Tiko, or to build, train, or improve a competing product or service.
- Share login credentials across users, circumvent per-seat access controls, or permit more people to use the Services than the number of seats your Organization has paid for.
We may suspend or terminate accounts that violate this Section 7.
8. AI assistant
Tiko includes an AI assistant that can read and help you act on your workspace data. You understand and agree that:
- Output is not guaranteed to be accurate. AI output may be incorrect, incomplete, or inconsistent. You are responsible for reviewing AI output before relying on it for business decisions, invoices, estimates, tax amounts, customer communications, or legal or financial matters.
- Not professional advice. AI output is not legal, tax, accounting, financial, medical, or other professional advice.
- Prompts are routed to third parties under ZDR terms. Prompts you submit and the workspace context we attach are routed through a third-party AI routing service to underlying large-language-model providers. Our routing is configured to use Zero Data Retention (ZDR) endpoints only and to deny data collection, meaning the providers do not persist your prompts or outputs beyond the time needed to return a response and are contractually prohibited from using them to train, fine-tune, or otherwise improve any model. See the Privacy Policy for details.
- Credit consumption. AI usage consumes credits as described in Section 4.4. You are responsible for credits consumed by members of your Organization.
- Acceptable use. You will not use the AI assistant to generate unlawful, infringing, defamatory, harassing, discriminatory, or sexually explicit content involving minors, to build a competing model or dataset, or to evade safety measures.
- No training on your content. We do not use your Customer Content or AI conversations to train Tiko's own models, and the upstream providers we route to are bound by the ZDR and no-training terms described above.
9. Client portal and communications to end customers
Tiko lets you send estimates, invoices, and portal links to your end customers by email. You are responsible for:
- Having a lawful basis to email the recipients you enter into Tiko.
- The accuracy and content of documents and messages you send.
- Complying with applicable marketing, anti-spam, and consumer-protection laws (including CAN-SPAM).
- Honoring unsubscribe, deletion, and correction requests from your end customers.
We may provide mandatory transactional email content (such as sender identification) that you may not remove.
10. Third-party services
The Services integrate with third-party services including Stripe (subscription billing and, via Stripe Connect Standard, your in-product payment acceptance), plus providers for authentication, transactional email, backend infrastructure, AI model routing, and product analytics. Your use of a third-party service through Tiko is subject to that service's own terms and privacy policy. We are not responsible for third-party services and do not endorse them.
11. Our intellectual property
Tiko, the Services, our trademarks, logos, and all associated intellectual property are owned by Practico Software LLC and its licensors and are protected by intellectual property laws. Except for the limited rights we grant you to use the Services under these Terms, no rights are granted to you by implication, estoppel, or otherwise. All rights not expressly granted are reserved.
Feedback, suggestions, or ideas you submit about the Services may be used by us without any obligation to you.
12. Beta features
From time to time we may make experimental or pre-release features available. Beta features are offered "as is," may change or be withdrawn at any time, and may have additional terms. Do not rely on beta features for mission-critical workflows.
13. Suspension
We may suspend your access to the Services immediately and without notice if we reasonably believe: (a) your use poses a security risk to the Services or any third party; (b) your use may adversely impact the Services or other customers; (c) your use may subject us, our affiliates, or any third party to liability; (d) your account is past due; or (e) you have violated these Terms. We will restore access once the cause of suspension is resolved.
14. Term and termination
These Terms remain in effect while you use the Services. Either party may terminate at any time: you may cancel your subscription as described in Section 4.6, and we may terminate or suspend your account if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, or immediately for violations that cannot be cured.
Upon termination:
- Your right to access the Services ends.
- We will retain or delete your Customer Content as described in the Privacy Policy.
- You remain liable for any amounts owed through the effective date of termination.
- Sections that by their nature should survive (including Customer Content license for operational purposes, disclaimers, limitations of liability, indemnity, and dispute-resolution) will survive.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRACTICO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT ANY CONTENT (INCLUDING AI OUTPUT) WILL BE ACCURATE OR COMPLETE; OR THAT ANY DEFECT WILL BE CORRECTED.
Tiko is a software tool. It is not a substitute for professional accounting, legal, tax, or financial advice, and it is not a regulated financial product.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRACTICO, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and form an essential basis of the bargain between you and us. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
17. Indemnification
You will defend, indemnify, and hold harmless Practico, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your or your members' use of the Services in violation of these Terms or applicable law; (c) your in-product payment processing activities, including disputes with your end customers, refunds, and chargebacks; or (d) any communication you send through the Services.
18. Governing law and dispute resolution
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. The state and federal courts located in Wayne County, New York will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction in those courts.
18.1 Informal resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@practicoits.com. We will try to resolve the dispute informally by contacting you through email or the Services.
19. Export, sanctions, and government use
You may not use or export the Services in violation of U.S. export laws, sanctions regulations, or the laws of any other applicable jurisdiction. You represent that you are not located in, and are not a national or resident of, any country or on any list subject to U.S. export prohibitions.
20. Changes to the Services and to these Terms
We may modify or discontinue the Services (or any feature) at any time. We may also update these Terms from time to time. If we make material changes, we will notify you by email or through the Services and update the "Last updated" date above. Changes take effect on the date indicated. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.
21. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order form or plan terms, constitute the entire agreement between you and Practico regarding the Services and supersede any prior agreements.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms, in whole or in part, in connection with a reorganization, merger, acquisition, or sale of assets.
- Independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
- Notices. We may send notices to the email address associated with your account or by posting them in the Services. You must send notices to us at support@practicoits.com.
- Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control.
- Headings. Section headings are for convenience only and do not affect interpretation.
22. Contact us
If you have questions about these Terms, contact Practico Software LLC at support@practicoits.com.