Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the Pinacall websites, dashboards, applications, APIs, AI agents, integrations, messaging automation, appointment tools, analytics, credits, support, and related services (collectively, the "Service").

The Service is provided by pinacall, trading as "Pinacall", of 55 Purana Paltan (Azad Center), Dhaka, Bangladesh ("Pinacall", "we", "us", or "our").

By creating an account, clicking to accept, buying a plan or credits, connecting a channel, or using the Service, the person or organisation doing so ("Customer", "you", or "your") accepts these Terms and the Privacy Policy.

If you use the Service for an organisation, you confirm that you have authority to bind it. If you do not agree, do not use the Service.

You must be at least 18 years old and legally capable of entering a contract. The Service is designed primarily for businesses and professionals.

You must provide accurate information and keep it current. We may request identity, business, payment, or authority verification where reasonably required for security, compliance, platform approval, or fraud prevention.

Depending on your plan and availability, Pinacall may help you:

• connect and automate conversations across supported websites and third-party channels, including Facebook, Instagram and WhatsApp;
• configure AI receptionist, customer-service, sales, follow-up, scheduling, appointment, order, or knowledge-base functions;
• manage contacts, inquiries, appointments, services, FAQs, business information, human escalation, analytics, and usage credits; and
• integrate supported calendars, commerce systems, APIs, webhooks, and other tools.

Features, supported channels, languages, limits, models, and availability may differ by plan, country, platform permission, and technical status.

We may add, modify, suspend, or discontinue features. Beta, preview, pilot, and free features may be changed or withdrawn at any time and may have reduced support or reliability.

The Service uses artificial intelligence and automated rules. AI output may be inaccurate, incomplete, outdated, biased, inappropriate, duplicated, or inconsistent, and may misunderstand Bangla, Banglish, English, voice, images, or context.

You must:

• review and test your knowledge base, prompts, prices, services, availability, policies, escalation rules, and connected data before going live;
• maintain appropriate human oversight and promptly correct material errors;
• clearly disclose automated or AI interaction where required by law, platform rules, professional duties, or good practice;
• not rely on AI output as the sole basis for a legal, medical, financial, employment, credit, insurance, safety, or other high-impact decision; and
• maintain alternative contact and emergency channels when delay or failure could cause harm.

Pinacall does not guarantee that any AI response, translation, classification, appointment, lead, order, or recommendation will be correct, accepted, delivered, or converted into a sale.

Pinacall is a communication and workflow tool, not a healthcare provider, medical device, emergency service, law firm, financial adviser, or licensed professional service.

The Service does not diagnose, prescribe, treat, or replace professional judgement.

Healthcare Customers must ensure that AI agents do not present automated content as a diagnosis or emergency instruction and must direct urgent or emergency cases to appropriate local services.

If you use the Service in healthcare or another regulated field, you are responsible for professional licences, informed consent, confidentiality, recordkeeping, advertising rules, sector-specific notices, and determining whether the Service is suitable for the intended use.

Do not upload data that you are not legally authorised to process.

You are responsible for all activity under your account, including activity by team members, administrators, contractors, API keys, connected pages, phone numbers, calendars, and webhooks.

Keep credentials, tokens, and devices secure; use strong passwords and available security controls; apply least-privilege access; and notify support@pinacall.com promptly of suspected compromise.

You must not share an account in a way that defeats plan limits or access controls.

"Customer Content" means prompts, knowledge-base materials, business data, conversations, contact details, media, appointment or order information, instructions, and other data submitted to or processed through the Service by or for you.

You retain ownership of your Customer Content.

You grant Pinacall and its authorised service providers a worldwide, non-exclusive, limited licence to host, copy, transmit, transform, display, and otherwise process Customer Content only as reasonably necessary to provide, secure, support, maintain, and improve the Service, comply with law, and enforce these Terms.

You represent that you have all rights, notices, consents, and lawful bases necessary for Pinacall to process Customer Content and communicate with end users on your behalf.

You are responsible for your products, services, offers, claims, customer support, refunds, appointments, orders, fulfilment, and all messages sent through your connected channels.

For account, billing, website, sales, security, and support data used for Pinacall's own purposes, Pinacall generally acts as a data controller.

For personal data contained in Customer Content that Pinacall processes on your instructions, the Customer generally acts as the data controller and Pinacall acts as processor/service provider, subject to applicable law.

A separate Data Processing Agreement may apply or be made available for eligible business plans.

You must respond to end-user rights requests and instruct us where our assistance is needed.

We may refuse an instruction that we reasonably believe is unlawful, unsafe, technically impossible, or contrary to third-party platform rules.

The Service may interoperate with Meta products, WhatsApp, Facebook, Instagram, Google, payment providers, AI model providers, cloud hosts, calendar tools, and other third parties.

Their terms, policies, permissions, charges, service windows, and technical restrictions apply separately.

You authorise Pinacall to access, process, and transmit data through each integration you connect, within the permissions you grant.

Third parties may change APIs, revoke access, reject templates, restrict messaging, suspend accounts, delay delivery, or discontinue features.

Pinacall does not control and is not liable for third-party services.

You must comply with their rules, including consent, opt-in, messaging-window, commerce, privacy, and acceptable-use requirements.

Disconnecting an integration may stop related functionality but may not automatically delete data already stored under applicable retention requirements.

You must not use or help others use the Service to:

• violate law, regulation, court order, professional duty, intellectual-property right, privacy right, or third-party platform term;
• send spam, unlawful marketing, harassment, threats, hate, exploitation, malware, phishing, fraud, impersonation, or deceptive content;
• collect or infer sensitive data without proper authority, or process children's data without required consent and safeguards;
• sell prohibited or regulated goods or services in breach of law or platform policy;
• make solely automated high-impact decisions about individuals without lawful safeguards and meaningful human review;
• attempt unauthorised access, probe or bypass security, extract models or source code, scrape at unreasonable scale, disrupt the Service, or evade usage limits;
• upload secrets, credentials, government identifiers, payment-card data, or medical records unless the relevant feature and contract expressly support that data; or
• misrepresent AI output as independently verified fact or professional advice.

We may investigate suspected misuse and remove content, rate-limit, block messages, suspend integrations, or suspend or terminate accounts when reasonably necessary to protect users, platforms, Pinacall, or the public.

Prices, included credits, message or model usage, channel fees, add-ons, limits, and billing periods are shown at checkout, in your order form, or in the dashboard.

Usage may be measured by AI tokens, messages, calls, generations, workflows, or another stated unit. Different models or channels may consume credits at different rates.

Unless stated otherwise, subscription fees are billed in advance and usage charges or credit purchases are charged when incurred or purchased.

Credits have no cash value, cannot be transferred or resold, and may expire as disclosed at purchase or in your plan.

Estimates and dashboard counters may be delayed; our metering records control unless there is a demonstrable error.

You authorise us and our payment providers to charge the selected payment method.

You are responsible for taxes, duties, bank charges, and currency-conversion fees, excluding taxes on our net income.

If payment fails, we may retry, restrict paid features, deduct available credits, or suspend service after reasonable notice where practicable.

Paid subscriptions renew automatically for the same billing period unless cancelled before renewal, where auto-renewal is offered and disclosed at checkout.

Cancellation stops future renewal but does not ordinarily create a refund or credit for the current period.

Fees and used credits are non-refundable except where required by law, expressly stated in an order form, or approved by us for a verified billing error.

We may change prices or plan limits.

For recurring paid plans, material changes will apply from a future billing period after reasonable notice.

Your continued paid use after the effective date constitutes acceptance.

Mandatory consumer rights under Bangladesh law are not excluded.

Pinacall and its licensors own the Service, software, interfaces, models or model configurations, designs, documentation, trademarks, and related intellectual property, excluding Customer Content.

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business operations during the subscription term.

You may provide feedback.

Unless prohibited by law, you grant us a perpetual, worldwide, royalty-free right to use feedback without identifying you or disclosing your confidential information.

Each party may receive non-public business, technical, security, or commercial information of the other.

The receiving party will use reasonable care, use it only for the relationship, and disclose it only to personnel and providers who need it and are bound by appropriate duties.

These obligations do not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source.

Required legal disclosure is permitted with notice where lawful.

Our Privacy Policy explains our handling of personal data.

We use reasonable technical and organisational safeguards appropriate to the Service, but no system is completely secure or continuously available.

You are responsible for configuring access, minimising data, maintaining backups or exports appropriate to your business, and not using the Service as the sole repository for records you are legally required to retain.

Unless a separate signed agreement states otherwise, no uptime, response-time, message-delivery, recovery, or support service level is guaranteed.

Maintenance, internet failure, AI-provider interruption, channel outage, platform review, rate limits, force majeure, or customer configuration may affect performance.

We may deploy updates and security changes without prior notice when reasonably necessary.

You may stop using the Service and cancel as described in Section 12.

We may suspend or terminate access immediately where reasonably necessary for security, fraud prevention, legal compliance, platform requirements, non-payment, material breach, harm, or risk to the Service or others.

Where practicable, we will provide notice and an opportunity to cure a remediable breach.

On termination, your right to use the Service ends.

We may delete or de-identify Customer Content according to the Privacy Policy, applicable law, backup cycles, and any agreed export period.

Sections intended by their nature to survive—including payment obligations, intellectual property, confidentiality, disclaimers, liability, indemnity, disputes, and miscellaneous terms—will survive.

To the maximum extent permitted by law, the Service is provided "as is" and "as available".

Pinacall disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, and results.

We do not warrant that AI output, third-party channels, leads, appointments, orders, translations, or business outcomes will meet your requirements.

Nothing in these Terms limits a warranty or right that cannot lawfully be excluded.

To the maximum extent permitted by law, neither Pinacall nor its affiliates, personnel, or suppliers will be liable for indirect, incidental, special, exemplary, punitive, or consequential loss; loss of profit, revenue, goodwill, opportunity, data, or business; or the cost of substitute services, arising from or related to the Service, even if advised of the possibility.

To the maximum extent permitted by law, Pinacall's total aggregate liability arising out of or relating to the Service and these Terms will not exceed the fees actually paid by the Customer to Pinacall for the Service during the six months immediately preceding the event giving rise to the claim.

This cap does not apply where liability cannot lawfully be limited.

To the extent permitted by law, you will defend, indemnify, and hold harmless Pinacall and its affiliates, personnel, and suppliers from third-party claims, losses, fines, penalties, and reasonable costs arising from your Customer Content, products or services, instructions, unlawful messaging, breach of these Terms, infringement of rights, or violation of law or third-party platform rules.

We will give reasonable notice and cooperation, and you may not settle a claim in a way that admits fault or imposes obligations on us without our consent.

These Terms are governed by the laws of Bangladesh, without regard to conflict-of-law principles.

The parties will first try in good faith to resolve a dispute through written notice and discussion for 30 days.

If unresolved, the courts of Dhaka, Bangladesh will have exclusive jurisdiction, unless the parties agree in writing to arbitration or mandatory law provides otherwise.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, government action, labour disruption, internet or power failure, cyberattack not caused by failure to use reasonable safeguards, or third-party platform or infrastructure outage.

Payment obligations already due are not excused.

We may update these Terms to reflect legal, security, operational, or Service changes.

We will post the revised version and update the effective date.

For material changes, we will provide reasonable notice through the Service, email, or another appropriate method.

Changes will not apply retroactively unless required by law.

Continued use after the effective date means acceptance; if you do not agree, stop using the Service and cancel before the change takes effect.

These Terms, the Privacy Policy, any Data Processing Agreement, and any signed order form constitute the agreement for the Service.

A signed order form controls over conflicting standard Terms for that transaction.

Failure to enforce a provision is not a waiver.

If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains effective.

You may not assign the agreement without our written consent; we may assign it in connection with a merger, restructuring, financing, or sale of all or part of the business.

No partnership, agency, employment, or fiduciary relationship is created.

Headings are for convenience only.

Electronic notices and acceptance are valid to the extent permitted by law.