Terms of service

Welcome to Pingram ("we", "our", or "us"). These Terms of Service ("Terms") govern your use of our services, including our website, APIs, and any related services we provide (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use our Service. If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization.

2. Account Registration

You must create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3. Acceptable Use

You agree to use the Service only for lawful and permitted purposes. You may not:

• Use the Service to send spam, phishing attempts, or any unlawful communications.

• Transmit material that is abusive, threatening, defamatory, obscene, or otherwise objectionable.

• Interfere with or disrupt the integrity or performance of the Service or third-party data.

• Attempt to gain unauthorized access to the Service or its related systems or networks.

• Use the Service for benchmarking, building a competitive product, or reverse engineering.

• Send messages to any recipient who has not provided clear, informed, and unambiguous consent to receive such communications, or fail to maintain documentation of such consent as required by law and industry standards (see below).

You are solely responsible for ensuring that all recipients of messages sent through the Service have provided clear, informed, and unambiguous consent to receive such communications, as required by applicable laws and industry standards (including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CASL, CTIA Messaging Principles, and any other relevant regulations). You must obtain and maintain producible documentation demonstrating that each recipient received a clear and conspicuous disclosure and unambiguously consented to receive the message, and you agree to provide such documentation to us upon request. Failure to comply may result in immediate suspension or termination of your account.

Violation of this section may result in immediate suspension or termination of your account.

Restricted and Prohibited Uses

Without limiting the "Acceptable Use" obligations above, you may not use the Service in connection with any of the following industries, content, or activities. Some categories may be restricted and require our prior written approval and documented compliance with applicable laws, carrier policies, and industry standards. Others are strictly prohibited.

• Illegal activities or content; promotion of violence, hate, or discrimination; or content that is otherwise unlawful in any relevant jurisdiction.

• Gambling, betting, lotteries, sweepstakes, raffles, or other games of chance (including related affiliates or lead-gen). Prohibited unless explicitly pre-approved by us in writing and compliant with all local laws and carrier/OTT policies.

• Adult sexual content or services, pornography, escort services, or sexually explicit imagery.

• Sale or promotion of illegal drugs or controlled substances; unlawful sale of alcohol; tobacco/vaping to minors; or paraphernalia intended for illegal use.

• Weapons, explosives, or instructions to manufacture or procure them; facilitation of illegal arms sales.

• Deceptive, misleading, or fraudulent marketing practices; spoofing of identities/sender IDs; lead generation without valid consent; or message content intended to obfuscate origin or purpose.

• Unlicensed or non-compliant financial services (e.g., payday lending where prohibited, unregistered securities offers), debt collection that violates applicable laws, multi-level marketing or pyramid schemes, or "get rich quick" programs.

• Stock trading platforms or brokerages, including promotion of trading signals, copy-trading, pump/"signal" groups, or unregistered investment advisory services.

• High-risk cryptocurrency or digital asset promotions (e.g., token sales, airdrops, unregistered offerings) that do not comply with applicable laws and platform policies.

• Healthcare communications involving sensitive health information without appropriate consents and required safeguards under applicable laws and standards.

• Political, election, or advocacy messaging without required disclosures, opt-ins, and compliance with jurisdictional rules and carrier policies.

• Any activity likely to generate excessive complaints, spam reports, blocks, or carrier filtering, or that violates TCPA, CAN-SPAM, CASL, CTIA Messaging Principles, or similar regulations/standards.

We reserve the right to require additional vetting, impose sending limits, or deny Service for high-risk use cases at our sole discretion. Use of the Service in violation of this section may result in immediate suspension or termination under Section 13, and you remain responsible for all resulting liabilities, costs, and regulatory penalties.

4. Use of Service

You agree to comply with all applicable laws, including privacy and data protection laws, when using the Service. You are responsible for the content and legality of messages you send through the platform, including ensuring all recipients have provided proper consent as described in Section 3.

5. Pricing and Payment

Our pricing is detailed on our website. You are responsible for all usage charges incurred through your account. All payments are non-refundable, including for partially used services.

6. Third-Party Services

Our Service may integrate with or rely on third-party services (e.g., for message delivery). We do not control and are not responsible for these third parties, and your use of their services may be subject to their terms.

7. Service Availability

We strive for reliable and consistent service availability but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue the Service at any time with or without notice.

8. Intellectual Property

All content, software, and technology used in the Service are owned by or licensed to us. You may not use our branding or content without prior written consent.

9. Data Processing & Privacy

You retain all rights to the data you transmit through the Service. We process this data only to provide and improve the Service, in accordance with our Privacy Policy.

By using the Service, you grant us a limited, non-exclusive license to process this data on your behalf, including transmitting it to subprocessors who help us deliver the Service. We maintain strict data security and confidentiality standards, and we do not use your data for advertising or unrelated purposes.

You are responsible for ensuring that your use of the Service (including processing any personal data of end users) complies with applicable data protection laws, including obtaining all necessary consents and providing required notices.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability under these Terms shall not exceed the amount paid by you in the 3 months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising from your use of the Service or your violation of these Terms.

13. Termination

You may terminate your account at any time by following the instructions in your account settings or by contacting us. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without prior notice, at our sole discretion.

Without limiting the foregoing, we may suspend or terminate your access if:

• You violate these Terms or any applicable law;

• Your use of the Service poses a risk to the Service, our systems, or other users;

• We are required to do so by legal or regulatory authorities;

• Your account has been inactive for an extended period (e.g., 12 months), meaning no API usage, no logins, and no billing activity. In such cases, we will provide advance notice before termination.

Upon termination, your right to use the Service will cease immediately. We may delete or deactivate your account and any associated data after a reasonable retention period, unless otherwise required by law. Please refer to our Privacy Policy for information about your data rights and how we handle personal information upon account closure.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada. Any disputes shall be resolved exclusively in the courts located in Newfoundland and Labrador.

15. Changes to Terms

We may modify these Terms from time to time. If we do, we'll notify you by posting the updated Terms on our website. Continued use of the Service after changes become effective means you agree to the new Terms.

16. Contact

If you have questions or concerns about these Terms, contact us via the contact form or by email at privacy@pingram.io.