Terms of Service

1. Agreement to Terms

By accessing or using Pingally's AI receptionist services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Services.

These Terms apply to all users, including:

• Business Customers: Companies that subscribe to Pingally's Services
• Authorized Users: Employees or agents of Business Customers who access the Services
• End Users: Individuals who call Business Customers and interact with Pingally's AI receptionist

2. Service Description

Pingally provides AI-powered receptionist services that:

• Answer incoming phone calls 24/7/365
• Book appointments in your calendar system
• Capture caller information and qualify leads
• Route urgent calls to designated staff members
• Send appointment confirmations and reminders
• Provide call transcripts, analytics, and reporting dashboards

Pingally is a Software-as-a-Service (SaaS) platform. We do not sell hardware or provide telecommunications infrastructure (phone lines are provided by third-party carriers like Twilio).

3. Account Registration

3.1 Account Creation

To use the Services, you must:

• Provide accurate, current, and complete information during registration
• Be at least 18 years old and legally authorized to bind your business
• Maintain the security and confidentiality of your account credentials
• Promptly update account information if it changes

3.2 Account Responsibilities

You are responsible for:

• All activity that occurs under your account
• Maintaining the confidentiality of your password
• Notifying Pingally immediately of any unauthorized access or security breach
• Ensuring all users authorized to access your account comply with these Terms

3.3 Business Verification

Pingally reserves the right to verify your business identity and may request documentation such as business registration, tax ID, or proof of address.

4. Subscription Plans & Pricing

4.1 Subscription Tiers

Pingally offers multiple subscription plans with different features and call volume limits. Current pricing and plan details are available at pingally.com/pricing.

4.2 Billing Terms

• Monthly Billing: Subscriptions are billed monthly in advance on the date you sign up
• Annual Billing: Annual plans are billed once per year in advance and offer a discount
• Automatic Renewal: Subscriptions renew automatically unless cancelled before the renewal date
• Payment Methods: We accept major credit cards (Visa, Mastercard, Amex) and ACH bank transfers
• Currency: All prices are in Canadian Dollars (CAD) unless otherwise stated

4.3 Overage Charges

If your call volume exceeds your plan's included minutes:

• Overage calls are billed at $0.10/minute (CAD)
• You will receive email notifications at 80%, 90%, and 100% of your plan limit
• We recommend upgrading to a higher plan if you consistently exceed limits

4.4 Price Changes

Pingally may change subscription prices with 30 days' advance notice. Price changes apply to renewals; existing subscriptions are grandfathered until the current billing period ends.

4.5 Taxes

Prices do not include applicable taxes (GST/HST/PST). You are responsible for all taxes associated with your purchase.

5. Free Trial

Pingally may offer a free trial period for new customers:

• Duration: 14 days (or as specified during sign-up)
• Features: Full access to all features of your chosen plan
• Payment Required: Credit card required to start trial; you will NOT be charged during the trial
• Auto-Conversion: Trial converts to paid subscription automatically unless cancelled before trial end
• One Per Customer: Only one free trial per business/email address

6. Cancellation & Refunds

6.1 Cancellation Policy

• You may cancel your subscription at any time from your account dashboard
• Cancellation takes effect at the end of the current billing period
• You retain access to the Services until the end of the paid period
• No partial refunds for mid-month cancellations

6.2 Refund Policy

• 14-Day Money-Back Guarantee: Full refund if you cancel within 14 days of initial purchase
• No Refunds After 14 Days: Subscriptions are non-refundable after the guarantee period
• Service Issues: Refunds may be issued at our discretion for significant service outages (>24 hours downtime)
• Refund Processing: Refunds are issued to the original payment method within 10 business days

6.3 Account Deletion

Upon cancellation:

• Your data is retained for 30 days in case you change your mind
• After 30 days, all data is anonymized and deleted (see Privacy Policy for details)
• You can request immediate data deletion by contacting support@pingally.com

7. Acceptable Use Policy

You agree NOT to use Pingally's Services for:

• Illegal Activities: Any purpose that violates Canadian or international laws
• Spam or Harassment: Sending unsolicited calls, robocalls, or harassing communications
• Fraud or Scams: Deceptive practices, phishing, or financial fraud
• Adult Content: Pornography, escort services, or adult entertainment businesses
• Illegal Substances: Cannabis dispensaries (without proper licensing), drug sales, or controlled substances
• Gambling: Unlicensed gambling, sports betting, or online casinos
• Malicious Use: Malware distribution, hacking, or cyberattacks
• Competitive Analysis: Using the Services to reverse-engineer or compete with Pingally

Violation of this policy may result in immediate account suspension or termination without refund.

8. Service Availability & SLAs

8.1 Uptime Commitment

Pingally commits to 99.5% uptime measured monthly (excluding scheduled maintenance).

• Scheduled Maintenance: Announced 48 hours in advance, typically during low-traffic hours (2-4 AM ET)
• Emergency Maintenance: May occur without notice for critical security or stability issues

8.2 Service Credits

If uptime falls below 99.5% in any calendar month:

• 99.0-99.5% uptime: 5% service credit
• 98.0-99.0% uptime: 10% service credit
• Below 98.0% uptime: 25% service credit

Service credits are applied to the next billing cycle. To claim credits, email support@pingally.com within 30 days with details of the outage.

8.3 Third-Party Dependency

Pingally relies on third-party services (OpenAI, ElevenLabs, Twilio, AWS). We are not liable for downtime caused by third-party failures beyond our control.

9. Intellectual Property

9.1 Pingally's IP

Pingally owns all rights to:

• The Pingally platform, software, and codebase
• Pingally trademarks, logos, and branding
• AI models, training data, and algorithms (excluding third-party models like OpenAI)
• Documentation, guides, and marketing materials

9.2 Your Data

You retain all rights to:

• Your business name, branding, and content uploaded to Pingally
• Call transcripts, recordings, and customer data
• Custom AI instructions and configuration settings

By using the Services, you grant Pingally a limited license to use your data solely to provide the Services and improve AI accuracy.

9.3 AI Training

Pingally may use anonymized call transcripts to improve AI models, but we will NEVER:

• Share your specific call data with competitors
• Use personal health information (PHI) for AI training without explicit consent
• Publicly disclose identifiable customer information

10. Limitation of Liability

10.1 Disclaimer of Warranties

The Services are provided "AS IS" without warranties of any kind. Pingally disclaims all warranties, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy or reliability of AI-generated responses
• Uninterrupted or error-free operation

10.2 Liability Cap

Pingally's total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid in the 12 months preceding the claim.

10.3 Excluded Damages

Pingally is NOT liable for:

• Lost profits, revenue, or business opportunities
• Data loss or corruption (you are responsible for backups)
• Indirect, incidental, or consequential damages
• Damages caused by third-party integrations or services
• AI errors, misinterpretations, or incorrect appointment bookings

10.4 Medical Disclaimer

For healthcare customers: Pingally's AI receptionist is NOT a medical professional and does not provide medical advice, diagnosis, or treatment. All medical decisions must be made by licensed healthcare providers.

11. Indemnification

You agree to indemnify and hold harmless Pingally, its officers, employees, and contractors from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the Services in violation of these Terms
• Your violation of any laws or third-party rights
• Your business operations or customer interactions
• Content you upload or provide to Pingally

12. Termination

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription.

12.2 Termination by Pingally

Pingally may terminate or suspend your account immediately, without notice, for:

• Violation of these Terms or Acceptable Use Policy
• Non-payment or chargebacks
• Fraudulent or illegal activity
• Abuse of Pingally's support team or staff

12.3 Effect of Termination

Upon termination:

• Your access to the Services is immediately revoked
• Outstanding balances become due immediately
• No refunds for partial billing periods (except 14-day guarantee)
• Data retention follows the Privacy Policy schedule

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal claim, you agree to contact Pingally at legal@pingally.com to attempt informal resolution for 30 days.

13.2 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

13.3 Jurisdiction

Any legal disputes shall be resolved exclusively in the courts of Ontario, Canada. You consent to personal jurisdiction in these courts.

13.4 Arbitration (Optional)

Disputes may be resolved through binding arbitration under the Arbitration Act (Ontario) if both parties agree in writing.

14. Modifications to Terms

Pingally may modify these Terms at any time. We will notify you of material changes via:

• Email to your registered address (at least 30 days' notice)
• In-app notification when you log in
• Updating the "Last Updated" date at the top of this page

Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Pingally.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Pingally's failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign these Terms without Pingally's written consent. Pingally may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

Pingally is not liable for delays or failures caused by events beyond our reasonable control (natural disasters, wars, pandemics, internet outages, etc.).

16. Contact Information

For questions about these Terms, contact us:

• Legal Inquiries: legal@pingally.com
• Support: support@pingally.com
• Phone: 1-800-PINGALLY
• Mail: Pingally Inc., [Office Address], Ontario, Canada