PingSales Terms of Service

1. Company identification

PINGSALES AI SOLUTIONS, LDA NIPC (Tax ID): 519518128 Registered office: Rua Francisco Costa Gomes, Edifício CIBT NERBE, n.º 2, 7800-591 Beja, Portugal Email: geral@pingsales.pt

2. Service description

PingSales is a SaaS platform for sales management, CRM, marketing automation, lead generation and management, messages, comments, campaigns, reports and artificial intelligence features.

The platform may include integrations with third-party services, including Meta, Facebook, Instagram, Messenger, Marketing API, Lead Ads, email platforms, payment systems, AI tools and other external services.

3. User account

To use PingSales, the user must create an account and provide truthful, complete and up-to-date data.

The user is responsible for:

Maintaining the confidentiality of their credentials.

Controlling their team's access.

Ensuring that only authorized persons access the workspace.

Notifying PingSales in case of suspected unauthorized access.

Using the platform in compliance with the law and these Terms.

PingSales may suspend or limit access in cases of misuse, security risk, contractual breach or legal obligation.

4. Business use

PingSales is primarily intended for professional and business use. By using the platform on behalf of a company, the user represents that they have the authority to bind that company.

5. Integrations with Meta, Facebook, Instagram and Messenger

PingSales allows the user to connect authorized Meta assets, including Facebook pages, professional Instagram accounts, ad accounts, lead forms, messages and comments.

The user represents and warrants that:

They have authorization to connect these assets to PingSales.

They are an administrator or have adequate permissions over the connected pages, ad accounts, Instagram accounts and Business Manager.

They comply with Meta's terms, policies and rules.

They will not use PingSales to access data without authorization.

They will not use PingSales for spam, fraud, scraping, abuse, manipulation or deceptive practices.

They have a legal basis to process leads, messages, comments and data of their contacts.

PingSales is not affiliated with, sponsored by or endorsed by Meta, Facebook or Instagram. Meta, Facebook, Instagram and Messenger are trademarks of their respective owners.

6. Leads, messages and comments

The client is responsible for the content, origin, legitimacy and use of lead, message, comment and contact data processed through PingSales.

The client must ensure that it:

Has consent or another adequate legal basis to contact leads.

Complies with marketing, privacy, electronic communications and data protection rules.

Complies with the limits and policies of the integrated platforms.

Does not send prohibited, abusive, misleading or unlawful communications.

Responds to requests for objection, deletion or cancellation of contact.

7. Artificial intelligence

PingSales may include artificial intelligence features to support tasks such as lead qualification, suggested replies, message classification, summaries, sales analysis and automations.

The user acknowledges that:

AI-generated responses may contain errors, omissions or incorrect interpretations.

The user must review responses, messages and decisions before sending or executing them.

PingSales does not replace legal, tax, financial, medical or other professional advice.

The client is responsible for the final use of the responses and automations configured.

PingSales may apply technical limits, token limits, usage limits, security filters and monitoring mechanisms to protect the platform.

8. Plans, payments and billing

Access to PingSales may depend on a free plan, trial period, subscription, license, fee or specific commercial proposal.

Prices, limits, included features, payment frequency and commercial conditions will be presented on the platform, proposal or applicable contract.

Unless otherwise stated:

The amounts shown do not include VAT.

Payment must be made within the indicated deadlines.

Failure to pay may result in suspension or cancellation of the service.

Additional features, extra usage, tokens, integrations or professional services may be charged separately.

9. Implementation, consulting or customization services

PingSales may provide additional implementation, configuration, training, consulting, automation, development or customization services.

Such services may be subject to a proposal, contract, addendum or their own commercial conditions.

10. Availability and maintenance

PingSales will strive to keep the platform available and functional. However, the service may be subject to interruptions, maintenance, updates, technical failures, third-party limitations or events beyond PingSales' reasonable control.

PingSales may change, improve, suspend or discontinue features, provided this does not substantially eliminate the main purpose of the contracted service without reasonable notice, except in cases of technical, legal or security urgency.

11. Third-party services

PingSales may rely on external services, such as Meta, Facebook, Instagram, Messenger, cloud providers, APIs, payment systems, AI tools and communication providers.

PingSales does not control changes, unavailability, refusals, limits, reviews, blocks or decisions made by such third-party services.

Access to certain features may depend on approval, permissions, tokens, review or verification by the respective third parties.

12. Prohibited use

The user may not use PingSales to:

Violate laws, regulations or third-party rights.

Send spam, phishing, malware or fraudulent content.

Access data, accounts, pages or campaigns without authorization.

Extract, copy or collect data abusively.

Manipulate metrics, leads, comments or interactions.

Send misleading, unlawful, discriminatory or abusive communications.

Attempt to bypass technical limits, permissions or security systems.

Interfere with PingSales' infrastructure.

Use the platform for activities that violate Meta's policies or those of other integrated platforms.

13. Client content

The client retains ownership of the data, content, leads, messages, files and information it enters or syncs into PingSales.

The client grants PingSales a limited authorization to process such data only to the extent necessary to provide the service, ensure security, comply with legal obligations and carry out the client's instructions.

14. Intellectual property

PingSales, including software, code, design, brand, features, documentation, models, workflows, databases, interface and know-how, belongs to PINGSALES AI SOLUTIONS, LDA or its licensors.

The user receives only a limited, non-exclusive, non-transferable and revocable right to access and use the platform under the contracted terms.

The user may not copy, modify, sell, sublicense, decompile, exploit or create competing products from PingSales, except with written authorization.

15. Confidentiality

The parties undertake to protect confidential information to which they have access in connection with the use or provision of the service.

All technical, commercial, financial, strategic, operational or product information that is not public is considered confidential.

16. Data protection

The processing of personal data by PingSales is governed by the Privacy Policy available at:

https://pingsales.pt/privacy-policy

When PingSales processes personal data on behalf of the client, the parties may enter into a data processing agreement or appropriate processor clauses, when necessary.

17. Security

The user must adopt good security practices, including strong passwords, access control, removal of unauthorized users and regular review of connected integrations.

PingSales may adopt security, audit and limitation measures to protect accounts, data and infrastructure.

18. Suspension and termination

PingSales may suspend or terminate access to the platform in the event of:

Failure to pay.

Breach of these Terms.

Security risk.

Abusive or unlawful use.

Legal requirement or order from an authority.

Violation of third-party platform policies.

Use that could harm PingSales, other clients or third parties.

The client may cancel its account or plan under the terms indicated on the platform, proposal or applicable contract.

19. Data deletion

After cancellation, a deletion request or removal of an integration, PingSales will delete or anonymize data in accordance with the Privacy Policy, unless retention is necessary for legal obligation, security, audit, billing or defense of rights.

Data deletion instructions are available at:

https://pingsales.pt/data-deletion

20. Limitation of liability

To the maximum extent permitted by law, PingSales will not be liable for:

Indirect losses, loss of profits, loss of business, loss of opportunity or loss of reputation.

Failures, changes, suspensions or refusals of third-party platforms.

Decisions made by the client based on reports, metrics, suggestions or AI responses.

Content, campaigns, messages, ads or contacts created by the client.

Misuse of the platform by users authorized by the client.

Nothing in these Terms excludes liability that cannot be excluded by law.

21. Indemnification

The client agrees to indemnify PingSales for claims, damages, costs or liabilities resulting from misuse of the platform, violation of the law, violation of third-party rights, violation of integrated platform policies or unauthorized use of data.

22. Changes to the Terms

PingSales may change these Terms when necessary, namely due to legal, technical, commercial or operational changes.

The updated version will be published on this page. Relevant changes may be communicated by email or within the platform.

23. Governing law and jurisdiction

These Terms are governed by Portuguese law.

In the event of a dispute, the legally applicable Portuguese court will have jurisdiction, without prejudice to mandatory consumer protection rules or other applicable legal rules.

24. Contact

For questions about these Terms:

PINGSALES AI SOLUTIONS, LDA Email: geral@pingsales.pt Address: Rua Francisco Costa Gomes, Edifício CIBT NERBE, n.º 2, 7800-591 Beja, Portugal