Toingg Terms of Service

1. Definitions

"Toingg" refers to PGAGI Consultancy Pvt. Ltd. and its directors, officers, employees, agents, and affiliates. "You" or "Your" refers to any user of the Service.

2. Description of Service

Toingg provides an artificial intelligence phone calling system and related services. Your use of the Service is governed by these Terms of Service ("Terms").

3. Acceptance of Terms

By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service. These Terms expressly supersede and replace any prior agreements or understandings.

4. Modification of Terms

Toingg reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.

5. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.

6. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates laws. Prohibited uses include but are not limited to criminal activities, malicious or illegal purposes, infringement of intellectual property rights, defamatory or threatening use, distribution of unauthorized spam, transmission of destructive code, gathering personal information without consent, and interference with service functionality.

7. User Content

You are solely responsible for any content you contribute via the Service. By submitting User Content, you grant Toingg a license to use your User Content in connection with the Service.

8. Acceptable Use Policy

You agree not to upload or transmit any User Content that is unlawful, harassing, defamatory, abusive, harmful, obscene, racially objectionable, encourages criminal conduct, infringes intellectual property rights, constitutes unauthorized spam, contains viruses or malware, burdens infrastructure, attempts unauthorized access, uses automated means not permitted by Toingg, collects information without consent, or impersonates any person or entity.

9. User Account

To access certain features, you may be required to register and create a user account. When you register, you agree to provide accurate information, maintain the confidentiality of your login credentials, and be fully responsible for all use of your account.

10. Privacy Policy

Our Privacy Policy is incorporated into these Terms. Please read the full Privacy Policy at [https://www.toingg.com/privacypolicy.html] before using the Service.

11. Ownership; Proprietary Rights

The Service is owned and operated by Toingg. All materials are protected according to the Indian Copyright Act 1957 and other relevant laws. Toingg reserves all rights not expressly granted in these Terms.

12. Feedback

If you provide Toingg with any feedback, you hereby assign all rights in that Feedback to Toingg. Toingg may use and share any Feedback without restriction or compensation to you.

13. Indemnification

You agree to fully indemnify Toingg from and against any claims that arise out of your use or misuse of the Service, your violation of these Terms, and your violation of any rights of another.

14. Disclaimers

THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TOINGG DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TOINGG SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICE. THE MAXIMUM LIABILITY OF TOINGG SHALL BE ONE HUNDRED DOLLARS ($100).

16. Termination

Toingg may terminate your access and use of the Service at any time for any reason. If your access is terminated, you may no longer be able to access your account or any content contained in the account.

17. Governing Law

These Terms are governed by the laws of the Republic of India. Any dispute arising from these Terms shall be governed by the exclusive jurisdiction of the courts located in Agartala, Tripura, India.

18. Modification

Toingg reserves the right to change these Terms at any time. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

19. Miscellaneous

If any provision of these Terms is found unenforceable, it shall be severed without affecting the remaining provisions. These Terms do not create any agency, partnership, or employment relationship between you and Toingg.

20. Entire Agreement

These Terms constitute the entire agreement between you and Toingg with respect to the Service.

ADDITIONAL TERMS:

The additional terms reiterate some of the points made earlier in the document, such as the definitions of "Toingg" and "You," the description of the service, the acceptance of terms, and the modification of terms. It also emphasizes the need to comply with laws, particularly those imposed by TRAI regarding telemarketing calls, and outlines the limitations on the use of the service, the requirement to transmit accurate Caller ID information, and the consequences of violating federal and state laws regarding telemarketing, robocalls, and telephone solicitation. Furthermore, it mentions Toingg's right to cooperate with law enforcement authorities, the possibility of service suspension, and the need to adapt to changes in compliance requirements.

ADDITIONAL TERMS:

1. Definitions

"Toingg" refers to PGAGI Consultancy Pvt. Ltd. and its directors, officers, employees, agents, and affiliates. "You" or "Your" refers to any user of the Service.

2. Description of Service

Toingg provides an artificial intelligence phone calling system and related services. Your use of the Service is governed by these Terms of Service ("Terms").

3. Acceptance of Terms

By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service.

4. Modification of Terms

Toingg reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.

5. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.

6. Compliance with Laws

You agree to comply with all applicable laws and regulations when using the Service, including those imposed by TRAI regarding telemarketing calls, autodialed calls, prerecorded calls, and unsolicited advertisements. You will not use the Service for any unlawful purpose, including violating federal and state telemarketing laws.

7. Prohibited Uses

You may not use the Service to make any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call. You may not use the Service to engage in spamming or other abusive calling practices. Toingg reserves the right to limit calling frequency to prevent unlawful calling activity.

8. Limitations on Use

You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. Toingg reserves the right to request evidence of such consent or business relationship.

9. Caller ID

You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.

10. Indemnification

You agree to fully indemnify, defend, and hold harmless Toingg from and against any and all fines, claims, damages, liabilities, losses, investigations, inquiries, costs, and expenses (including attorneys' fees and court costs) that arise out of or result from any allegation that your use of the Service violates applicable federal and state laws regarding telemarketing, robocalls, and telephone solicitation.

11. Cooperation

Toingg reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.

12. Service Suspension

Toingg reserves the right to immediately suspend or terminate your use of the Service if it determines that your calling activities do not comply with applicable laws or these Terms.

13. Changes to Compliance Requirements

Toingg reserves the right to modify the Service to comply with any changes in applicable laws or regulations regarding calling practices, spam, and telemarketing. Your continued use of the Service after any such changes constitutes your acceptance. If any change is unacceptable, you must immediately cease using the Service.