1. Acceptance of Terms

By accessing or using Toingg’s Services, you agree to be bound by this TOS, Privacy Policy, DPA, and other schedules. If you do not agree, do not use the Services.

2. Description of Services

Toingg provides AI-powered voice agents, messaging, memory, scheduling, CRM integrations, APIs, and enterprise deployments.

3. Customer Responsibilities

• 3.1. Compliance With Laws: Customer is responsible for compliance with TCPA, TSR, FCC rules, and obtaining proper consent.
• 3.2. Providing Accurate Consent Records: Customer must maintain written consent logs and opt-in/opt-out records.
• 3.3. No Impersonation: Customer may not use agents to impersonate real individuals or deceive.
• 3.4. Data Input: Customer is responsible for the accuracy of phone numbers and CRM data.

4. User Accounts

Customers must keep credentials confidential and notify Toingg of unauthorized access.

5. Licensing & Usage Rights

Toingg grants limited licenses for SaaS, API, and On-Prem/VPC usage (enterprise only).

6. Payments & Billing

Pricing includes per-minute/message charges, subscriptions, and fees. Minimum commitments apply for enterprise/white-label contracts.

7. Data Handling & Privacy

Customer is Data Controller; Toingg is Data Processor. Data is hosted in the U.S. by default for U.S. customers.

8. Voice & Message Communication Rules

Includes AI disclosure, opt-out handling (STOP keyword), and call recording compliance.

9. Service Levels & Availability

Toingg commits to 99% uptime (excluding maintenance).

10. Restrictions

Reverse engineering, training external AI models on Toingg output, and abusive use are prohibited.

11. Intellectual Property

Toingg retains ownership of AI models, memory engine, code, and designs.

12. Confidentiality

Both parties agree to protect confidential business information.

13. Term & Termination

Toingg may terminate for legal violations, non-payment, or misuse. Upon termination, data is returned or deleted.

14. Disclaimers

Services are “as-is”. Toingg does not guarantee revenue or perfect AI accuracy.

15. Limitation of Liability

Liability is limited to amounts paid in the last 3 months, excluding intentional misconduct.

16. Indemnification

Customer indemnifies Toingg against claims arising from consent failures, TCPA violations, or misuse.

17. Governing Law

Delaware law governs this agreement for U.S. customers.

18. Changes to Terms

We may update these terms. Material updates will be communicated.