Terms of Service

1. Company identification

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 true, complete and up-to-date information.

The user is responsible for:

• Maintaining the confidentiality of their credentials.
• Controlling their team's access.
• Ensuring that only authorised persons access the workspace.
• Notifying PingSales in case of suspected unauthorised access.
• Using the platform in compliance with the law and these Terms.

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

4. Business use

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

5. Integrations with Meta, Facebook, Instagram and Messenger

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

The user declares and warrants that:

• They have authorisation to connect those 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 authorisation.
• 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 customer is responsible for the content, origin, legitimacy and use of lead, message, comment and contact data processed through PingSales.

The customer must ensure that:

• They have consent or another adequate legal basis to contact leads.
• They respect marketing, privacy, electronic communications and data protection rules.
• They respect the limits and policies of integrated platforms.
• They do not send prohibited, abusive, deceptive or illegal communications.
• They respond to opt-out, deletion or contact cancellation requests.

7. Artificial intelligence

PingSales may include artificial intelligence features to support tasks such as lead qualification, suggested replies, message classification, summaries, commercial 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 customer is responsible for the final use of configured responses and automations.

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, licence, retainer or specific commercial proposal.

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

Unless otherwise indicated:

• Prices shown do not include VAT.
• Payment must be made within the indicated timeframes.
• Non-payment may result in suspension or cancellation of the service.
• Additional features, extra consumption, tokens, integrations or professional services may be charged separately.

9. Implementation, consulting or customisation services

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

These services may be subject to a proposal, contract, annex or specific commercial conditions.

10. Availability and maintenance

PingSales will endeavour 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 object of the contracted service without reasonable notice, except in cases of technical, legal or security urgency.

11. Third-party services

PingSales may depend 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 those 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 authorisation.
• Extract, copy or collect data in an abusive manner.
• Manipulate metrics, leads, comments or interactions.
• Send deceptive, illegal, discriminatory or abusive communications.
• Attempt to circumvent technical limits, permissions or security systems.
• Interfere with PingSales infrastructure.
• Use the platform for activities that violate Meta policies or other integrated platforms.

13. Customer content

The customer retains ownership of the data, content, leads, messages, files and information they enter or synchronise into PingSales.

The customer grants PingSales limited authorisation to process that data only to the extent necessary to provide the service, ensure security, comply with legal obligations and execute the customer'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 of access and use of 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 authorisation.

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 customer, the parties may enter into a data processing agreement or adequate subcontracting clauses, when necessary.

17. Security

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

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

18. Suspension and cancellation

PingSales may suspend or cancel access to the platform in case of:

• Non-payment.
• Violation of these Terms.
• Security risk.
• Abusive or illegal use.
• Legal requirement or authority order.
• Violation of third-party platform policies.
• Use that may harm PingSales, other customers or third parties.

The customer may cancel their account or plan under the terms indicated on the platform, in the applicable proposal or contract.

19. Data deletion

After cancellation, deletion request or integration removal, PingSales will delete or anonymise data under the Privacy Policy, except where retention is necessary for legal obligation, security, auditing, billing or defence 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 shall not be liable for:

• Indirect losses, lost profits, loss of business, loss of opportunity or loss of reputation.
• Failures, changes, suspensions or refusals by third-party platforms.
• Decisions made by the customer based on reports, metrics, suggestions or AI responses.
• Content, campaigns, messages, ads or contacts created by the customer.
• Misuse of the platform by users authorised by the customer.

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

21. Indemnification

The customer undertakes 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 unauthorised use of data.

22. Changes to the Terms

PingSales may change these Terms when necessary, including 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. Applicable law and jurisdiction

These Terms are governed by Portuguese law.

In case of dispute, the legally applicable Portuguese court shall have jurisdiction, without prejudice to mandatory consumer protection rules or other applicable legal provisions.

24. Contact

For questions about these Terms: