Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Pumpkin LLC ("Pumpkin," "we," "us," or "our"), a company located at 5 Harris Court, Suite N4C, Monterey, CA 93940. By accessing or using our website at pumpkin.cloud (the "Site"), submitting any form, using our services, or subscribing to our SMS/text messaging program, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Site or services.

2. Description of Services

Pumpkin provides technology consulting and managed services to businesses, with a focus on CPAs, accounting firms, and financial professionals. Our services include:

• VoIP & Communications: Business phone systems, unified communications, and telecommunications solutions.
• IT Security & Compliance: Cybersecurity services, IRS compliance (Pub 4557), Written Information Security Plans (WISP), and related security solutions.
• AI & Automation: Artificial intelligence solutions, workflow automation, and AI-powered business tools.
• Free Trials: Limited-time trial access to select services as described at the time of enrollment.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms to use our Site and services. By using our Site or services, you represent and warrant that you meet these eligibility requirements. If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4. User Accounts and Data Collection

When you submit information through our Site — including contact forms, free trial sign-ups, VoIP quote requests, or newsletter subscriptions — you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of the information you provide. We collect and process your data in accordance with our Privacy Policy.

By providing your phone number through any form on our Site, you acknowledge that your information may be used to contact you regarding the services you have expressed interest in, including via SMS/text messaging as described in Section 5 of these Terms.

5. SMS/Text Messaging Terms

This section governs your participation in the Pumpkin LLC SMS/text messaging program, in compliance with the Telephone Consumer Protection Act (TCPA), CTIA Short Code Monitoring Handbook, and 10DLC A2P SMS regulations.

5.1 Program Description

The Pumpkin SMS messaging program provides service-related notifications, appointment reminders, account updates, trial setup communications, and (with your express consent) marketing messages related to our VoIP, IT Security, and AI services.

5.2 Consent and Opt-In

By providing your mobile phone number and submitting a form on our Site (contact form, free trial sign-up, VoIP quote request, or any other data collection form), you expressly consent to receive SMS/text messages from Pumpkin LLC. You understand and agree that:

• Your consent to receive SMS messages is not required as a condition of purchasing any products or services.
• You may receive both transactional and marketing messages (if you have opted in to marketing messages).
• Message and data rates may apply based on your mobile carrier plan.
• You are the owner or authorized user of the mobile device and phone number provided.
• You are responsible for notifying us if you change your mobile phone number.

5.3 Message Frequency

Message frequency varies. You may receive up to 10 SMS messages per month. Frequency depends on your account activity, service requests, and communication preferences.

5.4 Opt-Out Instructions

You may opt out of receiving SMS messages at any time by texting STOP to any message received from us. Upon receipt of your STOP request, we will send a single confirmation message to confirm your opt-out. After opting out, you will no longer receive SMS messages from us unless you re-opt-in. You may also opt out by:

• Calling us at (831) 855-1005
• Emailing us at transform@pumpkin.cloud

5.5 Help and Support

For help, text HELP to any message received from us, or contact us at (831) 855-1005 or transform@pumpkin.cloud.

5.6 No Sharing of SMS Data

We will not sell, rent, lease, or share your phone number or any personal information collected through our SMS program with third parties or affiliates for their marketing purposes. Your opt-in data and consent information will be used solely by Pumpkin LLC for the purposes described in these Terms and our Privacy Policy.

5.7 Carrier Disclaimer

Mobile carriers (including but not limited to AT&T, Verizon, T-Mobile, and Sprint) are not responsible for delayed or undelivered messages. Service availability may be affected by your carrier or device capabilities.

5.8 Costs and Charges

Pumpkin does not charge for sending or receiving SMS messages. However, standard message and data rates from your mobile carrier may apply. Please contact your carrier for details about your plan.

6. Free Trial Terms

If you enroll in a free trial of any of our services, the following terms apply:

• Free trials are subject to the specific terms and limitations described at the time of enrollment (e.g., number of users, duration, features).
• No credit card is required for free trial enrollment unless otherwise stated.
• We reserve the right to modify, suspend, or discontinue free trial offerings at any time without notice.
• Upon expiration of the trial period, your access to trial services will be terminated unless you subscribe to a paid plan.
• You agree not to create multiple trial accounts to circumvent trial limitations.

7. Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, images, software, and the compilation thereof — is the property of Pumpkin LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from our Site without our prior written consent.

8. Acceptable Use

You agree not to use our Site or services to:

• Violate any applicable laws, regulations, or these Terms.
• Submit false, misleading, or inaccurate information.
• Interfere with or disrupt the integrity or performance of the Site or services.
• Attempt to gain unauthorized access to any portion of the Site, systems, or networks.
• Use automated tools (bots, scrapers, etc.) to access or interact with the Site without our written permission.
• Transmit any viruses, malware, or other harmful code.
• Harass, abuse, or threaten other users or our staff.
• Use our services for any unlawful or unauthorized purpose.

9. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PUMPKIN LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any information or content obtained through the Site is at your own risk. No advice or information, whether oral or written, obtained from us shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUMPKIN LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pumpkin LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or services, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We reserve the right to suspend or terminate your access to our Site and services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site or services shall be resolved exclusively in the state or federal courts located in Monterey County, California, and you consent to the personal jurisdiction and venue of such courts.

Before initiating any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at transform@pumpkin.cloud. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.

14. Severability

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

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pumpkin LLC regarding your use of the Site and services. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site or services after any modifications indicates your acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us: