Terms of Service

By registering for an account, accessing, or using Pingly in any way, you ("Customer", "User", or "you") confirm that:

• You are at least 18 years old and have the legal capacity to enter into these Terms
• If acting on behalf of an organisation, you have the authority to bind that organisation to these Terms
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy

Pingly is a cloud-based B2B SaaS platform that provides:

• WhatsApp Business messaging (broadcast campaigns, inbox management, AI agent)
• Web Chat Widget (embeddable live chat with AI agent for websites)
• AI-powered automation (via Claude AI by Anthropic and/or GPT by OpenAI)
• Contact management, sales lead tracking, and support ticketing
• Agent performance analytics, CSAT surveys, and SLA management
• Internal team chat and collaboration tools

We reserve the right to modify, suspend, or discontinue any feature of the platform at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3.1 Registration. You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your credentials.

3.2 Account Security. You are responsible for all activity that occurs under your account. Notify us immediately at legal@samcomtechnologies.com if you suspect unauthorised access. We are not liable for any loss arising from unauthorised use of your account.

3.3 Workspace Administrators. The user who registers a workspace is the "Workspace Administrator" and is responsible for managing user roles, permissions, and compliance with these Terms for all users within that workspace.

3.4 Acceptable Credentials. You must not share login credentials between multiple individuals. Each user must have their own account. Using automated means to create accounts in bulk is prohibited.

You agree to use Pingly only for lawful business purposes and in compliance with all applicable laws and regulations. You must not:

• Send unsolicited, spam, or deceptive messages to contacts who have not opted in to receive communications
• Use the platform to harass, threaten, defame, or discriminate against any person
• Transmit content that infringes intellectual property rights, is illegal, harmful, or violates third-party rights
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the platform
• Use the platform in a way that could damage, overload, or impair our infrastructure
• Use automated scripts, bots, or crawlers to interact with the platform without our written consent
• Resell, sublicense, or white-label the platform without a written reseller agreement with Samcom Technologies
• Upload or transmit malware, viruses, or malicious code
• Violate WhatsApp Business Policy, Meta's terms, Gupshup's guidelines, or any applicable messaging regulations
• Process special categories of personal data (health, financial, biometric, etc.) without appropriate safeguards and our prior written consent

We reserve the right to suspend or terminate access immediately for violations of this section.

Pingly connects to the WhatsApp Business API via Gupshup and other approved Business Solution Providers. By using WhatsApp features on Pingly, you additionally agree to:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• Gupshup Terms of Service

You are solely responsible for obtaining valid opt-in consent from contacts before sending them WhatsApp messages. Violations of WhatsApp's policies may result in your phone number being blocked by Meta, for which Samcom Technologies bears no responsibility or liability.

If you use AI features (Claude AI or GPT), you are also subject to:

• Anthropic Usage Policy
• OpenAI Usage Policies

6.1 Your Data. You retain ownership of all data you upload to or generate within Pingly ("Customer Data"). We process Customer Data as a data processor on your behalf, in accordance with our Privacy Policy.

6.2 Data Processing Agreement. For customers subject to GDPR or similar regulations, a Data Processing Agreement (DPA) is available upon request. Contact us at legal@samcomtechnologies.com.

6.3 Your Responsibilities. You are responsible for ensuring that your use of Pingly complies with applicable data protection laws, including obtaining valid legal bases for processing personal data, providing appropriate privacy notices to your contacts, and honouring data subject requests.

6.4 API Keys. You are responsible for the security of your own API keys (Gupshup, Anthropic, OpenAI). Pingly encrypts and stores them securely, but you should rotate keys immediately if you believe they have been compromised.

7.1 Platform IP. Pingly, including its software, design, trademarks, logos, and documentation, is owned by Samcom Technologies and protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes during the subscription term.

7.2 Customer Data. You grant us a limited licence to use Customer Data solely to provide and improve the platform services.

7.3 Feedback. Any feedback, suggestions, or ideas you provide to us about the platform may be used by us without restriction or compensation to you.

7.4 No Reverse Engineering. You may not copy, reproduce, distribute, or create derivative works of the platform without our written consent.

8.1 Pricing. Pricing is as agreed at the time of signup or as displayed on our pricing page. All fees are in Indian Rupees (INR) unless otherwise stated, exclusive of applicable taxes (GST, etc.).

8.2 Payment. Fees are due in advance for the applicable subscription period. Non-payment may result in suspension of your workspace.

8.3 Refunds. Fees paid are generally non-refundable, except as required by law or as agreed in writing. If we terminate your account without cause, you will receive a pro-rata refund for unused prepaid services.

8.4 Changes to Pricing. We will provide at least 30 days' notice before changing pricing for existing customers.

8.5 Taxes. You are responsible for all applicable taxes. We will add GST or other applicable taxes to invoices as required by Indian tax law.

9.1 Uptime. We strive to maintain high availability of the platform but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.

9.2 No SLA Guarantee. Unless explicitly stated in a separate Service Level Agreement signed by Samcom Technologies, we do not provide legally binding uptime guarantees.

9.3 Support. Support is provided via email at legal@samcomtechnologies.com. Response times are provided on a best-effort basis.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE".

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMCOM TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS
• WARRANTIES THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE
• WARRANTIES THAT WHATSAPP MESSAGE DELIVERY IS GUARANTEED

You acknowledge that AI-generated responses may contain errors, inaccuracies, or outdated information. You are responsible for reviewing AI output before acting on it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Samcom Technologies shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of revenue, profits, goodwill, data, or business opportunities, even if advised of the possibility of such damages.

11.2 Our total aggregate liability to you for any claim arising out of or relating to these Terms or the use of Pingly shall not exceed the greater of: (a) the fees paid by you to Samcom Technologies in the three (3) months preceding the event giving rise to the claim, or (b) INR 5,000.

11.3 Nothing in these Terms excludes or limits our liability for fraud, gross negligence, wilful misconduct, or any other liability that cannot be excluded under applicable law.

You agree to indemnify, defend, and hold harmless Samcom Technologies and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of Pingly in violation of these Terms
• Your violation of any applicable law or third-party right
• Content you submit, post, or transmit through the platform
• Your failure to obtain proper consent from your contacts
• Your violation of WhatsApp's, Meta's, Gupshup's, Anthropic's, or OpenAI's policies

13.1 By You. You may terminate your account at any time by contacting us or through account settings. Termination does not entitle you to a refund of prepaid fees.

13.2 By Us. We may suspend or terminate your access to Pingly immediately and without notice if you breach these Terms, fail to pay fees, or if required by law. We may also terminate with 30 days' notice for any business reason.

13.3 Effect of Termination. Upon termination, your licence to use the platform immediately ceases. We will retain your data for 90 days post-termination to allow for data export, after which it will be permanently deleted.

13.4 Data Export. You may request an export of your Customer Data within the 90-day post-termination period by emailing legal@samcomtechnologies.com.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

Before initiating legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for at least 30 days.

We may revise these Terms from time to time. When we make material changes, we will:

• Update the "Effective Date" at the top of this page
• Display a notice within the Pingly application for at least 14 days
• Send an email notification to Workspace Administrators

Your continued use of Pingly after the effective date of updated Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the platform and may terminate your account.

For questions about these Terms, please contact: