Terms of Service

You must provide accurate, complete, and current information when creating an account. You may not impersonate another person or entity or use a false identity.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@samcomtechnologies.com if you suspect unauthorised access. We are not liable for any loss resulting from unauthorised use of your account.

The Workspace Administrator is solely responsible for: (a) managing user roles and permissions; (b) ensuring all Users within the workspace comply with these Terms; (c) configuring third-party API integrations and maintaining their security; and (d) all Customer Data within the workspace.

Login credentials are personal and may not be shared between multiple individuals. Each User must have their own named account. Creating accounts using automated means or bots is prohibited.

We reserve the right to approve or reject any account registration at our sole discretion, including requiring identity verification for certain plan types.

Pingly offers a 14-day free trial for new workspaces. No credit card is required to start a trial.

During the trial, you receive access to a defined subset of features as described at signup. Trial accounts may have reduced message volume limits, API call limits, or feature restrictions compared to paid plans.

At the end of the trial period, your account will be downgraded to a read-only state unless you subscribe to a paid plan. No automatic charges will be applied without your explicit action.

Free trials are limited to one per organisation (identified by domain, phone number, or billing entity). Creating multiple trial accounts to circumvent this limit is prohibited and may result in termination of all associated accounts.

We reserve the right to terminate any trial account at any time without notice, including if we determine the trial is being abused or used for prohibited purposes.

Subscription plans, their features, and pricing are as displayed on our Pricing page at the time of purchase. All fees are in Indian Rupees (INR) unless otherwise stated.

Subscriptions are billed in advance on a monthly or annual cycle as selected by you. Annual plans are paid upfront for 12 months and may be offered at a discounted rate.

Your subscription will automatically renew at the end of each billing cycle at the then-current subscription price, unless you cancel before the renewal date. You will receive an email reminder before the renewal charge is applied. You may cancel auto-renewal at any time through your account settings or by contacting us at support@samcomtechnologies.com.

Payments are processed by Razorpay (Razorpay Software Private Limited), an RBI-authorised Payment Aggregator. Accepted payment methods include UPI, credit/debit cards, net banking, and wallets as offered by Razorpay. Enterprise customers may pay via offline purchase order (PO) with approved net terms.

All prices are exclusive of Goods and Services Tax (GST). GST will be added to invoices at the applicable rate (currently 18% for software services in India). You are responsible for providing accurate GST registration details if you wish to claim input tax credit.

If a payment fails, we will retry the charge. If payment is not received within 7 daysof the due date, we may suspend your workspace (read-only access). If payment remains outstanding for 30 days, we may terminate your account and delete your data per Section 22.

Subscription fees are generally non-refundable once a billing cycle has commenced, except in the following circumstances:

• We terminate your account without cause — you will receive a pro-rata refund for unused days
• A billing error occurs — we will correct it promptly and refund the difference
• Required by applicable Indian consumer protection law

Annual plan refunds (where applicable) are calculated on a pro-rata monthly basis from the date of cancellation request, minus any applicable discounts that were conditional on full-year commitment.

You may upgrade your plan at any time; the price difference will be charged on a pro-rata basis for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle. Features or data exceeding the lower plan's limits may become inaccessible upon downgrade.

Optional add-ons (e.g., additional message credits, extra contacts, AI tokens) are charged at the published rate and are non-refundable once consumed or activated. Add-on purchases do not automatically renew unless specified.

We will provide at least 30 days' written notice (by email to Workspace Administrators) before changing subscription prices for active subscribers. Continued use of the platform after the price change takes effect constitutes acceptance of the new pricing.

Promotional coupons are subject to their individual terms (expiry date, plan eligibility, one-time use). Coupons may not be combined unless expressly stated. We reserve the right to revoke coupons obtained fraudulently.

By using WhatsApp Business API features through Pingly (via Gupshup or other authorised BSPs), you agree to:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• Gupshup Terms of Service
• Meta Platform Terms and all applicable Meta policies

You are solely responsible for obtaining valid, documented opt-in consent from every contact before sending them WhatsApp messages. Consent must meet the standards required by WhatsApp's policy and applicable law (including TRAI TCCCP 2018 for commercial communications in India).Samcom Technologies does not verify or validate your contacts' consent status.

Violations of WhatsApp's policies may result in your phone number being restricted, flagged, or permanently banned by Meta. Samcom Technologies bears no responsibility or liability for any such action by Meta or Gupshup, and no refunds are owed as a result.

Template messages sent via WhatsApp Business API must be pre-approved by Meta. You are responsible for ensuring your templates comply with Meta's template guidelines. Rejected or revoked templates are not grounds for a refund.

If you enable AI features, you are additionally subject to:

• Anthropic Usage Policy
• OpenAI Usage Policies

Payment processing is subject to Razorpay's Terms of Service and RBI regulations.

WhatsApp Direct connects your personal or business WhatsApp number to Pingly using the open-source Baileys library (github.com/WhiskeySockets/Baileys). This is an unofficial, third-party implementation and is not a Meta-authorised Business Solution.

By enabling WhatsApp Direct, you expressly acknowledge and accept that:

• Using an unofficial WhatsApp client may violate WhatsApp's Terms of Service
• Meta / WhatsApp may suspend, ban, or restrict your connected phone number at any time without prior notice
• Meta may change its protocols in ways that disrupt this integration at any time
• Samcom Technologies bears no liability whatsoever for any account suspension, ban, data loss, or business disruption resulting from your use of WhatsApp Direct
• You use this feature entirely at your own risk

When you connect via QR scan, we store your WhatsApp session credentials (encrypted) to maintain the connection. You may disconnect your session at any time from the Platform settings, which will invalidate and delete the stored session credentials.

When first connecting a phone, WhatsApp may push historical chat data to Pingly. You consent to this historical message ingestion when enabling the feature. You are responsible for ensuring all contacts whose historical messages are synced have valid consent for their data to be stored in Pingly.

WhatsApp Direct shows call notifications in Pingly when a customer calls your connected number. This feature does not route, intercept, record, or forward voice calls. Full voice call routing and AI Voice Agent capabilities are only available with WhatsApp Business API (BSP) integration.

Receiving group messages requires explicit opt-in from the Workspace Administrator in settings. By enabling group message ingestion, you confirm you have appropriate authority over the groups involved and that participants are aware their messages may be stored in your CRM.

AI-generated responses (chatbot replies, reply suggestions, call transcripts, summaries) are produced by large language models and may contain errors, inaccuracies, hallucinations, or outdated information. You are solely responsible for reviewing AI output before sending it to customers or acting upon it. Samcom Technologies expressly disclaims all liability for reliance on AI-generated content.

AI outputs do not constitute legal, medical, financial, tax, psychological, or any other form of professional advice. You must not use Pingly to provide professional advice services to end-users without appropriate human review and professional licencing.

You are responsible for ensuring that documents you upload to the Knowledge Base: (a) do not infringe third-party intellectual property rights; (b) do not contain confidential information of third parties without authorisation; (c) are accurate and up to date. Samcom Technologies is not liable for AI responses generated from inaccurate or outdated Knowledge Base content.

AI features are subject to rate limits and token quotas based on your subscription plan and the API limits of our AI providers. Excessive usage may result in throttling or additional charges.

The AI Voice Agent is an automated system. You must disclose to callers that they are interacting with an automated AI system, as required by applicable law (including the Consumer Protection Act, 2019). You are responsible for obtaining any call recording consent required under the Indian Telegraph Act or other applicable regulations if your AI agent captures call transcripts.

Inbound WhatsApp voice call routing, handling, and AI Voice Agent capabilities are available exclusively for workspaces using the WhatsApp Business API (BSP) integration. WhatsApp Direct workspaces receive call notifications only.

Pingly routes calls to your VOIP PBX or SIP server that you configure. You are responsible for: (a) the legality and proper licencing of your VOIP/SIP infrastructure; (b) compliance with TRAI regulations applicable to VoIP services; (c) ensuring your PBX handles calls in accordance with applicable law.

Pingly does not record voice calls. If your VOIP PBX or SIP provider records calls, you are responsible for: informing callers that their call may be recorded (as required by the Indian Telegraph Act and relevant state laws), obtaining explicit consent where required, and complying with all call recording regulations.

Pingly logs call event metadata (caller number, timestamp, duration, outcome) in conversation timelines. This data is subject to our Privacy Policy and standard data retention periods.

Agents using the browser SIP WebPhone establish a direct WebRTC connection to your configured SIP server. Samcom Technologies does not proxy, store, or access audio streams. You are responsible for your SIP server security and network quality.

The missed-call auto-reply feature sends a WhatsApp message when a call goes unanswered. This is a marketing/support communication and must comply with WhatsApp's messaging policies and TRAI opt-in requirements.

Before sending commercial communications (promotional or transactional messages) via WhatsApp or any channel, you must ensure your contact lists are scrubbed against TRAI's National Customer Preference Register (NCPR / DND registry). Sending unsolicited commercial messages to DND-registered numbers is prohibited under Indian law and may attract penalties.

You must maintain auditable records of opt-in consent for every contact you message commercially. Consent must be freely given, specific, informed, and unambiguous. You must honour opt-out requests immediately and permanently.

WhatsApp distinguishes between Marketing, Utility, and Authentication template categories, each with different consent requirements. You are responsible for categorising your messages correctly and complying with Meta's category-specific requirements.

Broadcast campaigns are subject to per-plan message volume limits. Abuse of the platform for mass spam, even to opted-in contacts, may result in suspension. We reserve the right to impose rate limits to protect platform stability and maintain deliverability for all customers.

You indemnify Samcom Technologies against any fines, penalties, or claims arising from your non-compliance with TRAI regulations, WhatsApp's policies, or applicable messaging laws.

By embedding the Pingly Web Chat Widget on your website, you represent that you have the right to do so and that your website's privacy policy discloses to visitors that: (a) a third-party chat widget is in use; (b) visitor data (name, email, phone, chat messages) may be collected and processed bySamcom Technologies on your behalf.

You are responsible for obtaining any consent required under applicable law (including DPDP Act, GDPR where applicable) from website visitors before initiating chat or collecting their personal information via the pre-chat form.

The widget code is provided as-is. You may customise colours, text, and position within the options provided by the Platform. You must not modify the widget to collect additional data types not disclosed in your privacy policy, or to misrepresent the chat service.

Each workspace may create a maximum of 10 web widgets. This limit may be increased under Enterprise plans by agreement with Samcom Technologies.

You retain full ownership of all Customer Data you upload to or generate within Pingly. We do not claim any rights over your Customer Data beyond what is necessary to provide the services.

We process Customer Data as a data processor acting on your instructions, in accordance with our Privacy Policy. You are the data controller (or Data Fiduciary under DPDP Act) and are responsible for the lawfulness of processing.

A formal Data Processing Agreement is available upon request for customers who require one (e.g., for GDPR compliance). Contact legal@pingly.in.

You are solely responsible for: (a) having a valid legal basis for processing each contact's data; (b) providing privacy notices to your contacts describing how their data is used; (c) honouring data subject rights requests (access, correction, deletion, portability); (d) complying with DPDP Act 2023, GDPR (if applicable), and all other applicable data protection laws.

You are responsible for the security of your own third-party API keys (Gupshup, Anthropic, OpenAI, Razorpay). Rotate keys immediately if you believe they are compromised. Pingly encrypts and stores keys securely but cannot prevent misuse by personnel with legitimate workspace access.

You must not process special categories of sensitive personal data (health/medical records, biometric data, financial account details, government ID numbers, religious or political beliefs, sexual orientation) through the Platform without: (a) our express prior written consent; (b) appropriate technical safeguards; (c) valid explicit consent from data subjects as required by law.

Pingly's software, design, UI/UX, trademarks, logos, documentation, and all content we create are owned by Samcom Technologies and protected under the Copyright Act 1957, Trade Marks Act 1999, and other applicable Indian and international IP laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for your internal business purposes during the subscription term.

You grant us a worldwide, royalty-free, non-exclusive licence to use Customer Data solely to provide, maintain, and improve the Platform services as described in our Privacy Policy. We do not use Customer Data for advertising or train AI models on it.

Any suggestions, ideas, or feedback you provide about the Platform may be used by us freely without any obligation of compensation, attribution, or confidentiality to you.

You must not: (a) copy, reproduce, or distribute any part of the Platform; (b) create derivative works; (c) reverse engineer, disassemble, or decompile the Platform; (d) frame or mirror any part of the Platform without our written consent.

Certain Platform components may use open-source software. Nothing in these Terms limits your rights under applicable open-source licences, and those licences are available on request.

Samcom Technologies operates Pingly as an intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000. We provide a platform for third-party content and communications and are not the publisher or originator of Customer communications.

We claim safe harbour protection under Section 79 of the IT Act for third-party content transmitted through our Platform, provided we comply with our obligations under Section 79(2) and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Upon receiving a valid court order, government directive, or written notice from an authorised authority identifying specific unlawful content, we will act on it expeditiously and in accordance with Section 79(3) and the IT Rules 2021. We will notify the Customer where legally permissible.

You, as the Customer, are the publisher and originator of all messages, campaigns, and content you send through Pingly. You bear full legal responsibility for that content and its compliance with applicable law.

In compliance with Rule 3(2) of the IT Rules 2021, our Grievance Officer is contactable at legal@pingly.in. Grievances will be acknowledged within 24 hours and resolved within 15 daysof receipt.

We target high platform availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance via email and in-app notice where possible. Emergency maintenance may occur without prior notice.

Unless explicitly stated in a separate, signed Service Level Agreement, standard subscription plans do not include legally binding uptime guarantees or service credits for downtime.

Enterprise plan customers may negotiate a custom SLA including uptime commitments, response time targets, and service credits. Such SLA terms will be set out in a separate written agreement and supersede this clause.

Support is provided via email at support@samcomtechnologies.com. Enterprise plans include dedicated account management. Response times are on a best-effort basis for standard plans.

We are not liable for service interruptions caused by outages of third-party services including WhatsApp, Gupshup, Anthropic, OpenAI, Razorpay, or our cloud infrastructure providers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMCOM TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• LOSS OF REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• LOSS OF DATA OR COST OF DATA RECOVERY
• WHATSAPP ACCOUNT SUSPENSION OR NUMBER BAN BY META
• AI ERRORS, HALLUCINATIONS, OR INCORRECT AUTOMATED RESPONSES
• VOIP CALL FAILURES, DROPPED CALLS, OR ROUTING ERRORS
• COSTS OF PROCURING SUBSTITUTE SERVICES

Our total aggregate liability for any and all claims arising under or related to these Terms shall not exceed the greater of: (a) the total fees paid by you to Samcom Technologies in the three (3) calendar months immediately preceding the event giving rise to the claim, or (b) ₹10,000 (Indian Rupees Ten Thousand), whichever is greater.

The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. These Terms would not be entered into by Samcom Technologies without these limitations.

Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; or (d) any other liability that cannot be excluded under Indian law.

You may cancel your subscription at any time through account settings or by contacting support@samcomtechnologies.com. Cancellation takes effect at the end of the current billing cycle. You will retain access until then. Cancellation does not entitle you to a refund of prepaid fees (see Section 6.7).

We may suspend or terminate your account immediately and without notice if you:

• Breach any provision of these Terms (especially Sections 7, 8, 13)
• Fail to make payment within 30 days of the due date
• Are subject to insolvency, bankruptcy, or winding-up proceedings
• Are required to be suspended or terminated by court order, government directive, or regulatory authority

Termination for cause does not entitle you to any refund.

We may terminate your account for any business reason upon 30 days' written notice. In such case, you will receive a pro-rata refund for any prepaid, unused subscription fees.

Upon termination: (a) your licence to use the Platform ceases immediately; (b) all outstanding fees become due; (c) we will retain your data for 90 days to allow you to request an export; (d) after 90 days, all Customer Data will be permanently deleted (except as required by law or our retention obligations).

Request a data export within the 90-day post-termination window by emailing support@samcomtechnologies.com. Exports are provided in standard formats (JSON/CSV). We will make reasonable efforts to fulfil your request within 14 business days.

Sections 8 (Prohibited Activities), 15 (Data & Privacy), 16 (IP), 19 (Disclaimers), 20 (Liability), 21 (Indemnification), 22.4–22.6, 23, and 24 survive termination of these Terms.

These Terms (together with the Privacy Policy and any order forms, enterprise agreements, or addenda signed by both parties) constitute the entire agreement between you and Samcom Technologies regarding the Platform and supersede all prior negotiations, representations, or agreements.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.

Our failure to enforce any right or provision of these Terms is not a waiver of that right. A waiver of any particular breach does not waive any subsequent breach of the same or any other provision.

You may not assign or transfer these Terms or your account to any third party without our prior written consent. Samcom Technologies may assign these Terms in connection with a merger, acquisition, or sale of assets, provided we notify you.

Neither party shall be liable for failure or delay in performance due to circumstances beyond reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, government action, internet or telecommunications outages, power failures, third-party platform outages (WhatsApp, Gupshup, Anthropic, OpenAI), or cyber-attacks. The affected party must notify the other promptly and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 days, either party may terminate the agreement on 14 days' written notice.

Legal notices to Samcom Technologies must be sent by email to legal@pingly.in (for legal matters). Notices to you will be sent to the email address registered on your account. Notices by email are deemed received on the next business day after sending.

The relationship between Samcom Technologies and Customer is that of independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

You represent that you are not located in, or a national or resident of, any country subject to an Indian or international trade embargo, and that you are not on any government list of prohibited or restricted parties. You will not use the Platform for any purpose prohibited by Indian export control laws.

These Terms are written in English. In the event of any conflict between an English version and any translation, the English version shall prevail.

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Before initiating any formal dispute resolution, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from the date either party provides written notice of the dispute to the other.

If the dispute is not resolved through negotiation, it shall be finally resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended. The arbitration shall be: (a) conducted by a sole arbitrator agreed upon by both parties, or appointed by a court; (b) held in Pune, Maharashtra, India or virtually by mutual agreement; (c) conducted in English; and (d) confidential. The arbitral award shall be final and binding.

Notwithstanding the arbitration clause, either party may seek interim or injunctive relief from the courts of Pune, Maharashtra, India to prevent irreparable harm pending arbitration. Both parties submit to the exclusive jurisdiction of those courts for such purposes.

Nothing in this section prevents an individual consumer from raising a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, or approaching the Data Protection Board of India under the DPDP Act, 2023.