Last Updated: 17.09.2026
These Terms and Conditions (the "Terms") govern your access to and use of the artificial intelligence-powered messaging service provided by pingyou, Inc. By registering for the Service, using the Service or purchasing a Subscription Plan, you acknowledge that you have read, understood and agreed to be bound by these Terms in their entirety. If you do not accept these Terms, you must not use the Service.
1. PARTIES AND DEFINITIONS
1.1. These Terms are entered into between pingyou, Inc., a corporation organised under the laws of the State of Delaware, United States of America ("pingyou", the "Company" or "we"), and the natural or legal person registering for the Service (the "Customer", "User" or "you").
1.2. The following terms shall have the meanings set out below:
"Service": the artificial intelligence-powered messaging platform developed by pingyou and made available on a software-as-a-service (SaaS) basis through the domain pingyou.ai and its subdomains, together with all related modules, interfaces, APIs and updates.
"Account": the user account created by the Customer in order to access the Service.
"Connected Platform": any third-party service or platform integrated with the Service by the Customer, including without limitation Instagram, Meta, WhatsApp, Telegram, Trendyol and Hepsiburada.
"End User": any third party who contacts the Customer through a Connected Platform and whose messages are responded to by means of the Service.
"Conversation": the entirety of the messages exchanged with a single End User within a period of twenty-four (24) hours. The Conversation is the unit of billing; the number of messages sent or received within a Conversation is not taken into account for pricing purposes.
"Content Analysis": the first-time processing by the Service, using artificial intelligence, of a post, story, product record or similar item belonging to the Customer, and its addition to the knowledge base.
"Customer Data": any and all data, content, messages and information uploaded to the Service by the Customer or accessed by the Service through a Connected Platform integration.
"Subscription Plan": the free or paid service packages published on pingyou's website, each containing different usage limits.
"Subscription Period": the monthly or annual billing period applicable to the plan selected by the Customer.
2. ACCEPTANCE AND CAPACITY
2.1. By creating an Account, the Customer is deemed to have accepted these Terms, the Privacy Policy, the Cookie Policy and, where applicable, the Data Processing Agreement (DPA) by electronic means. These documents form an integral part of these Terms.
2.2. The Customer represents and warrants that it is at least eighteen (18) years of age and has full legal capacity, and that, where acting on behalf of a legal entity, it is duly authorised to represent and bind that entity.
2.3. The Service is designed for use in the course of commercial or professional activities. The Customer acknowledges that it uses the Service for commercial or professional purposes.
3. SCOPE OF THE SERVICE
3.1. pingyou provides a software service which enables direct messages, comments and story replies received on the Customer's Connected Platform accounts to be answered automatically using artificial intelligence, generates a knowledge base automatically from the Customer's existing content and message history, analyses the brand tone of voice and provides a daily performance summary (the "Z Report").
3.2. The Customer is granted a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service for the duration of the Subscription Plan. These Terms do not constitute a transfer of ownership or of any intellectual property right in the software.
3.3. pingyou reserves the right to develop, modify or discontinue features of the Service. Changes that materially and adversely affect existing functionality shall be notified to the Customer at least thirty (30) days before they take effect.
3.4. Configuration of the Service, establishment of Connected Platform integrations and configuration of the artificial intelligence behaviour rules are the responsibility of the Customer.
4. ACCOUNT CREATION AND SECURITY
4.1. The Customer undertakes to provide accurate, current and complete information upon registration and to update such information promptly in the event of any change.
4.2. The Customer is responsible for maintaining the confidentiality of its Account credentials. All activity carried out through the Account shall be deemed to have been carried out by the Customer.
4.3. The Customer shall notify pingyou immediately upon becoming aware of any unauthorised access to its Account.
4.4. The number of users specified in the Subscription Plan may not be exceeded. Account credentials may not be shared with persons other than the team members defined in the applicable plan.
5. DEPENDENCE ON THIRD-PARTY PLATFORMS
5.1. The operation of the Service depends on the availability of the application programming interfaces (APIs) made available by Connected Platforms, on the policies of those platforms, and on the Customer holding the necessary permissions and approvals on the relevant platforms.
5.2. The Customer is responsible for complying with the terms of use, developer policies and commercial messaging rules of the Connected Platforms. The Customer shall bear the consequences of any breach of such rules, including account restriction, suspension or closure.
5.3. pingyou shall not be held liable for service interruptions arising from a Connected Platform restricting, charging for, changing its policies in respect of, or discontinuing API access. Such circumstances constitute force majeure as regards pingyou.
5.4. Where an interruption attributable to a Connected Platform continues without interruption for more than fifteen (15) days, the Customer may request a pro-rata service credit for the affected period or terminate its subscription without penalty.
6. ARTIFICIAL INTELLIGENCE OUTPUTS AND RESPONSIBILITY
6.1. The Service uses large language models and probabilistic artificial intelligence technologies. Generated responses may be inaccurate, incomplete, out of date or contextually inappropriate. pingyou does not warrant the accuracy, completeness or fitness for a particular purpose of any generated output.
6.2. All responses generated by artificial intelligence and sent through the Customer's account shall be deemed, as a matter of law, to have been sent by the Customer. The Customer is solely responsible for the content of such responses, for any commercial commitments they create and for their consequences vis-à-vis End Users.
6.3. The Customer is responsible for configuring human handover rules and for regularly reviewing artificial intelligence outputs in relation to matters capable of creating binding consequences, including pricing, stock availability, promotions, orders, payment, shipping, returns and warranties.
6.4. The Service does not provide legal, medical, financial or comparable professional advice and may not be used for such purposes.
6.5. Where required by applicable law, the Customer is responsible for informing End Users that they are communicating with an automated system.
6.6. Customer Data is processed solely for the purpose of providing the Service to the Customer and shall not be used to train general-purpose artificial intelligence models without the Customer's express written consent.
7. CUSTOMER OBLIGATIONS AND PROHIBITED USE
7.1. The Customer undertakes to use the Service in compliance with applicable law, public morality and these Terms.
7.2. The Customer shall not:
use the Service for unsolicited bulk messaging (spam), misleading advertising or unfair commercial practices;
generate or disseminate content that is unlawful, misleading, defamatory, constitutes hate speech or infringes the rights of third parties;
reverse engineer the software, attempt to obtain its source code, copy it or create derivative works;
resell, lease or otherwise make the Service available to third parties (absent a written reseller agreement);
test or attempt to circumvent system security, or run automated processes that place a disproportionate load on the infrastructure;
access the Service for competitive benchmarking purposes or in order to develop a comparable product;
attempt to exceed usage limits by technical means, or abuse free plan limits through multiple accounts;
process or collect End Users' personal data unlawfully.
7.3. In the event of a breach of this Article, pingyou shall be entitled to suspend the Service or terminate the subscription without prior notice.
8. SUBSCRIPTION, FEES AND BILLING
8.1. Subscription Plans, their scope and current fees are published on pingyou's website. The Customer may use the Service within the limits of the plan it has selected.
8.2. Fees are based principally on the number of Conversations and Content Analyses. A Conversation covers all messaging with a single End User within a twenty-four (24) hour period. A given item of content is charged only upon its first analysis; no additional fee is charged for subsequent use of the same content.
8.3. Where plan limits are exceeded, usage-based overage fees shall accrue at the unit prices published on the website. The Customer consents to overage fees being charged automatically to its registered payment method.
8.4. Payments are processed by credit card through the infrastructure of the payment service provider Stripe. pingyou does not store card details; such details are processed directly by the payment service provider.
8.5. Unless otherwise stated, published fees are exclusive of taxes. Value added tax and other statutory charges shall be applied in accordance with applicable legislation. Commercial customers resident in Türkiye shall be invoiced by electronic invoice (e-fatura) upon notification of their tax identification number.
8.6. Subscriptions are billed in advance and renew automatically at the end of each Subscription Period unless cancelled by the Customer.
8.7. If payment cannot be collected for any reason, pingyou may suspend the Service upon notifying the Customer. Where payment is delayed by more than thirty (30) days, the subscription may be terminated and the Account closed.
8.8. pingyou reserves the right to change its prices. Price changes shall be notified at least thirty (30) days in advance and shall apply only from the beginning of the Subscription Period following such notice. The Customer may cancel its subscription at the end of the current period if it does not accept the new pricing.
9. FREE PLAN AND TRIAL USE
9.1. pingyou may offer a free plan with limited usage rights. Responses generated under the free plan may carry pingyou branding.
9.2. Free plans and trial versions are provided "as is" and no service level commitment is given in respect of them.
9.3. pingyou reserves the right to modify the scope of, or entirely discontinue, the free plan.
10. WITHDRAWAL AND REFUNDS
10.1. As the Service is offered for commercial and professional use, the provisions on the right of withdrawal under consumer protection legislation shall, as a rule, not apply.
10.2. Fees relating to a Subscription Period that has already commenced are non-refundable, save in the event of a material breach of contract by pingyou. Cancellation takes effect at the end of the current Subscription Period, and the Customer may continue to use the Service until that date.
10.3. Where the Customer qualifies as a consumer, the mandatory provisions of Turkish Consumer Protection Law No. 6502 are reserved.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All intellectual and industrial property rights in the software, source code, algorithms, interface design, database structure, trade marks, logos and all documentation relating to the Service belong exclusively to pingyou.
11.2. All rights in Customer Data belong to the Customer. The Customer grants pingyou a non-exclusive licence to process, store and display Customer Data solely for the purposes of providing, operating, improving and supporting the Service.
11.3. The right to use outputs generated by artificial intelligence belongs to the Customer, to the extent permitted by applicable law.
11.4. pingyou may freely use any feedback, suggestions or requests submitted by the Customer in relation to the Service, without any payment and without time limitation.
12. PROTECTION OF PERSONAL DATA
12.1. The parties undertake to act in compliance with Turkish Law No. 6698 on the Protection of Personal Data (KVKK), the European Union General Data Protection Regulation (GDPR) and other relevant legislation.
12.2. In respect of End Users' personal data, the Customer acts as data controller and pingyou acts as data processor. pingyou processes personal data solely in accordance with the Customer's instructions and for the purpose of providing the Service.
12.3. Informing End Users, obtaining their explicit consent where required and responding to data subject requests are the responsibility of the Customer.
12.4. Data relating to the Service is hosted on Amazon Web Services infrastructure. pingyou may engage sub-processors as necessary for the provision of the Service and shall enter into agreements with them imposing obligations at least equivalent to the level of protection set out in these Terms.
12.5. Detailed provisions on the processing of personal data are set out in the Privacy Policy and the Data Processing Agreement (DPA).
13. CONFIDENTIALITY
13.1. Each party undertakes to keep confidential, and not to disclose to third parties, all information of the other party constituting trade secrets, technical information, pricing or customer information that comes to its knowledge in the context of this relationship.
13.2. The confidentiality obligation shall survive for three (3) years following termination of the contractual relationship.
13.3. Information that has become publicly available and information whose disclosure is mandated by law or by a competent authority falls outside the scope of this obligation.
14. SERVICE CONTINUITY AND MAINTENANCE
14.1. pingyou shall use commercially reasonable efforts to provide the Service on an uninterrupted and error-free basis, but does not commit to any particular uptime percentage unless expressly stated in the Subscription Plan or in a separate service level agreement (SLA).
14.2. Planned maintenance shall, so far as reasonably possible, be carried out during low-usage hours and announced a reasonable time in advance.
14.3. In cases of security vulnerability, misuse or urgent technical intervention, the Service may be temporarily suspended without prior notice.
15. DISCLAIMER OF WARRANTIES
15.1. To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis.
15.2. pingyou gives no warranty that the Service will meet the Customer's particular requirements, that it will operate without interruption or error, or that it will deliver any particular commercial outcome, increase in sales or conversion rate.
16. LIMITATION OF LIABILITY
16.1. pingyou shall not be liable for any indirect, incidental or consequential loss, including loss of profit, loss of turnover, reputational harm, loss of data or business interruption.
16.2. pingyou's aggregate liability arising out of these Terms shall in all cases be limited to the total subscription fees actually paid by the Customer during the twelve (12) month period preceding the date on which the loss arose.
16.3. pingyou shall not be liable for the content of artificial intelligence outputs, for the Customer's obligations towards its End Users, for interruptions or sanctions originating from Connected Platforms, or for loss arising from the Customer's incorrect configuration of the Service.
16.4. The limitations in this Article shall not apply in cases of wilful misconduct or gross negligence on the part of pingyou, or in respect of harm to personality rights or bodily integrity.
17. INDEMNIFICATION
17.1. The Customer agrees to indemnify and hold pingyou harmless against any and all claims, proceedings, administrative sanctions and losses brought against pingyou arising out of the Customer's use of the Service in breach of these Terms or of applicable law, the unlawfulness of Customer Data, claims made by End Users or third parties, and breaches of Connected Platform rules.
18. SUSPENSION AND TERMINATION
18.1. The Customer may cancel its subscription at any time through the Account panel. Cancellation takes effect at the end of the current Subscription Period.
18.2. pingyou may terminate the agreement without cause upon thirty (30) days' prior written notice. In such case, fees relating to the unused period shall be refunded on a pro-rata basis.
18.3. In the event of a material breach of these Terms, unlawful use or failure to meet payment obligations, pingyou may suspend the Service or terminate the agreement with immediate effect.
18.4. Upon termination, the Customer may export its Customer Data within thirty (30) days of the termination date. At the end of that period, the data shall be deleted or anonymised within no more than ninety (90) days, subject to statutory retention obligations.
19. AMENDMENTS TO THE TERMS
19.1. pingyou reserves the right to update these Terms unilaterally. Material changes shall be announced by e-mail or by in-Service notification at least fifteen (15) days before they take effect.
19.2. Continued use of the Service by the Customer after the date of such notice constitutes acceptance of the updated Terms. If the Customer does not accept the changes, it may cancel its subscription before the effective date.
20. FORCE MAJEURE
20.1. Events beyond the reasonable control of the parties — including natural disaster, war, terrorism, epidemic, cyber attack, infrastructure or power failure, internet service provider outages, decisions of public authorities and changes to the access policies of Connected Platforms — shall constitute force majeure.
20.2. Where a force majeure event continues for more than thirty (30) days, either party may terminate the agreement without any liability to compensate.
21. ASSIGNMENT AND TRANSFER
21.1. The Customer may not assign its rights and obligations under these Terms to third parties without pingyou's written consent.
21.2. pingyou may assign this agreement without the Customer's separate consent in the event of a merger, acquisition, demerger or transfer of all or part of its business.
22. NOTICES
22.1. Notices between the parties shall be made to the e-mail address registered in the Customer's Account and to pingyou's address at info@pingyou.ai. Notices given by electronic mail shall be deemed to constitute written notice.
22.2. The Customer is responsible for keeping its e-mail address up to date. Notices sent to the registered address shall be deemed valid.
23. GOVERNING LAW AND JURISDICTION
23.1. These Terms and any dispute arising out of them shall be governed by the laws of the Republic of Türkiye, without regard to conflict of law rules.
23.2. The Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction over any dispute arising from the application or interpretation of these Terms.
23.3. In respect of Customers qualifying as consumers, the mandatory provisions concerning the jurisdiction of consumer arbitration committees and consumer courts are reserved.
24. MISCELLANEOUS
24.1. Severability: If any provision of these Terms is held invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the parties' intention.
24.2. No Waiver: A party's failure to exercise, or delay in exercising, any right shall not constitute a waiver of that right.
24.3. Entire Agreement: These Terms, together with their annexes and the policies referred to herein, constitute the entire agreement between the parties and supersede all prior discussions and understandings.
24.4. Language: In the event of any discrepancy between the Turkish and English texts of these Terms, the Turkish text shall prevail.
24.5. Headings: Article headings are included for convenience only and shall not affect interpretation.
25. CONTACT DETAILS
pingyou, Inc.
Address: 8080 Westpark Drive, STE 70405, Houston, TX 77063, USA
E-mail: info@pingyou.ai
Website: https://www.pingyou.ai