Terms of Service

Introduction

These Terms of Service ("Terms," and also referred to as our "Terms of Use") govern your access to and use of the Zinng.ai platform and services ("Platform," "Service," or "Zinng.ai"), provided by Bramlett Software LLC ("Company," "we," "us," or "our"). Zinng.ai is an AI-powered phone and communication platform that helps businesses of all kinds answer calls, capture leads, schedule appointments, and manage communications with the people who contact them. For healthcare practices and other businesses that handle protected health information, Zinng.ai offers HIPAA-compliant service levels and we sign Business Associate Agreements (BAAs).

For information about how we collect, use, and protect your information, please review our Privacy Policy, which is incorporated into these Terms by reference. By accessing or using Zinng.ai, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other entity, you represent that you have the authority to bind that entity, and "you" refers to that entity. If you disagree with any part of these Terms, you may not access or use the Platform.

Definitions

In these Terms: a "Business User" is a business or person that holds a Zinng.ai account and uses the Service. A "Caller" or "Customer" is a person who contacts a Business User through Zinng.ai. "Customer Data" means the data processed through the Service on behalf of a Business User, including call audio and recordings, transcripts, summaries, voicemails, text and chat messages, contact details, and leads and appointment information. "Content" means the information, instructions, prompts, and materials you provide to configure or operate the Service.

Service Description and License

Zinng.ai provides an AI phone agent and related communication features, which may include answering and conducting phone calls, voicemail, two-way SMS text messaging, a website chat widget, a unified communication inbox, lead capture, and appointment scheduling. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms and any additional terms we may provide. We may add, change, or remove features over time.

Except for the rights expressly granted to you, we and our licensors retain all right, title, and interest in and to the Platform. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to derive the source code of any part of the Service, or use it to build a competing product, except to the extent this restriction is prohibited by applicable law.

Account Terms and Requirements

You must be at least 18 years old to use the Service. You agree to provide accurate, current, and complete information during registration and to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account, including the actions of any team members or users you invite. Account sharing between separate individuals using shared credentials is prohibited; instead, invite additional users as permitted by your plan. Notify us promptly at [email protected] of any unauthorized use of your account.

Fees, Billing, and Subscriptions

Zinng.ai is offered on paid subscription plans. The plans, features, and prices available to you are those presented at sign-up and on our pricing page. By subscribing, you authorize us and our payment processor to charge your payment method for the applicable fees.

• Subscriptions and automatic renewal. Subscriptions are billed in advance on a recurring basis (for example, monthly) and automatically renew for successive billing periods until cancelled. By subscribing, you authorize these recurring charges.
• Free trials. We may offer a free trial (currently 7 days on standard plans). A valid payment method is required to start a free trial. Unless you cancel before the trial ends, your paid subscription will begin automatically and your payment method will be charged the plan fee, and it will renew each billing period until cancelled.
• Usage, minutes, and credits. Each plan includes an allowance of voice minutes. Usage is measured in credits, where 1 credit equals one cent ($0.01), voice calls are charged per minute at the applicable per-minute rate, and SMS is charged per message segment. You may add credits at any time. Rates may vary depending on the AI model or features used, as described on our pricing page.
• Cancellation. You may cancel at any time from your account. Cancellation takes effect at the end of your current billing period, and you retain access until then.
• Refunds. If you are not satisfied, you may contact us at [email protected] to request a refund, and we will refund your most recent payment. Refunds are limited to your most recent payment; we do not refund earlier payments, partial billing periods, or unused minutes or credits. Other than this, fees are non-refundable.
• Price and plan changes. We may change fees, plan features, or usage rates. We will provide advance notice of material changes (for example, by email or in-app), and changes take effect at your next renewal. Your continued use after a change takes effect constitutes acceptance.
• Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, other than taxes based on our net income.
• Failed payments. If a charge fails, we may retry the charge and may suspend, downgrade, or limit the Service until amounts due are paid. You remain responsible for all amounts owed.
• Chargebacks. If you believe you were charged in error, contact us first at [email protected]. Initiating a chargeback or payment dispute for legitimate charges may result in suspension or termination of your account.

Phone Numbers, Messaging, and Emergency Services

• Phone numbers. Phone numbers made available through the Service are provided by our telephony providers and are licensed to you for use with the Service, not sold. You do not own the number, and we cannot guarantee that a specific number will always be available. Upon cancellation or termination, or for non-payment, a number assigned to you may be reclaimed or reassigned, and number portability is subject to carrier rules and availability.
• Messaging and carrier requirements. SMS messaging is subject to the rules of mobile carriers and messaging aggregators, including registration requirements such as A2P 10DLC. You are responsible for accurate registration information and for complying with carrier and messaging program policies. We do not guarantee that any call or message will be delivered, as delivery depends on carriers and factors outside our control, including carrier filtering.
• Not for emergency calls. The Service is not a telephone service and is not a replacement for a traditional or wireless phone line. It is not designed or intended to carry or support calls to emergency services such as 911, and it may not be able to connect to emergency services. Do not rely on the Service to contact emergency services, and ensure you have an alternative means of doing so.

Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Share or distribute access credentials
• Upload or transmit malicious code
• Attempt to breach or compromise system security
• Make or send unlawful, unsolicited, or harassing calls or messages, including in violation of the TCPA, telemarketing, robocall, or anti-spam laws
• Send content that is fraudulent, deceptive, unlawful, or that promotes prohibited goods or services under carrier or messaging policies
• Harass, abuse, or harm another person
• Interfere with or disrupt the Service, or use it to build a competing product

Your Compliance Responsibilities

You are responsible for using the Service in compliance with all laws that apply to your business and your communications, including:

• obtaining any consent required to call, text, or record the people who contact you or whom you contact, including providing any legally required call-recording notice (some jurisdictions require all parties to a call to consent to recording);
• complying with telemarketing, robocall, and anti-spam laws such as the TCPA, and honoring opt-out requests;
• if you handle protected health information, complying with HIPAA and not transmitting PHI through channels that are not HIPAA-compliant, such as standard SMS; and
• providing the people who contact you with any privacy notices required by law.

Zinng.ai provides features to help you meet these obligations, such as the ability to have the AI agent announce that a call may be recorded and an optional SMS consent flow, but you are responsible for configuring and using them appropriately. As between you and us, you are solely responsible for your communications and your compliance with these laws.

HIPAA Compliance and Protected Health Information

Zinng.ai offers HIPAA-compliant service for healthcare practices and other businesses that handle protected health information (PHI), and we sign Business Associate Agreements (BAAs) with those customers. You may only use the Service to create, receive, maintain, or transmit PHI if you have entered into a BAA with us. Where a BAA is in place, it is incorporated into these Terms, and in the event of a conflict between these Terms and the BAA with respect to the HIPAA Rules, the BAA controls.

HIPAA compliance in your use of the Service is your responsibility. We provide the technical and organizational measures and configuration options needed to support a HIPAA-compliant workflow, but you are solely responsible for enabling and using them correctly and for your own compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable healthcare laws. In particular, when you handle PHI you must:

• enter into a BAA with us before using the Service for any PHI;
• Never send PHI over SMS. Standard SMS text messaging is not a HIPAA-compliant channel, and you must not include PHI in text messages. If your workflow may involve texting a patient, you must use our SMS consent mechanism, which is off by default; contact us at [email protected] to have it enabled so that the recipient acknowledges and consents before any such messaging, and even then you remain responsible for keeping content that is inappropriate for SMS out of your messages;
• Keep PHI out of channels that are not secure, such as email. You must keep the options to include the call transcript and the caller's phone number in post-call emails turned off (these are off by default), and otherwise configure the Service so that PHI is not delivered through channels that are not HIPAA-compliant;
• use the Service only as intended and in accordance with the configuration and instructions we provide for HIPAA-compliant use.

If you use the Service to handle PHI in a manner that does not meet these requirements, then, as provided in the BAA, our representations that the Service will safeguard PHI or otherwise comply with HIPAA are void as to that use, we are not liable for the resulting non-compliance, and we may suspend or terminate your access. To request a BAA, a HIPAA-compliant service level, or to have the SMS consent mechanism enabled, contact [email protected].

Customer Data and Ownership

As between you and us, you own your Content and your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and use your Content and Customer Data as needed to provide, maintain, secure, and improve the Service, to support you, and as otherwise described in our Privacy Policy. As described in our Privacy Policy, we do not sell your Customer Data and we do not use the content of your calls, messages, or other communications to train general-purpose AI models.

You represent and warrant that you have all rights and permissions necessary to provide your Content and Customer Data to us and to authorize our processing of it in accordance with these Terms. With respect to the Callers and Customers who contact you, you are the party responsible for that information, and we process it on your behalf.

Artificial Intelligence Disclaimer

The Service uses artificial intelligence to understand callers, conduct conversations, answer questions, route or escalate calls, and generate transcripts, summaries, and lead and appointment details. AI systems are probabilistic and can produce output that is inaccurate, incomplete, or unexpected, and the AI agent may misunderstand a caller, provide an incorrect response, or fail to capture or complete a request.

You are responsible for reviewing the AI agent's configuration, instructions, and output, and for the business decisions and follow-up based on them. AI output is not professional advice of any kind (including legal, medical, financial, or other regulated advice), and you should not rely on it as such. We do not warrant that the AI will handle every call or message correctly or capture every lead or appointment, and you are responsible for maintaining appropriate human oversight for your business.

Intellectual Property and Feedback

The Platform, including all software, technology, text, graphics, and the Zinng.ai name and logos, and all related intellectual property rights, are and remain the exclusive property of the Company and its licensors. These Terms do not grant you any rights to our trademarks or branding.

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

Third-Party Services

The Service relies on and may integrate with third-party services, including telephony and messaging providers, AI and voice technology providers, hosting providers, and payment processors. Your use of the Service may be subject to those providers' terms, and their availability and performance are outside our control. We are not responsible for the acts, omissions, outages, or content of third-party services. If you connect your own third-party tools or accounts to the Service, you are responsible for those tools and for the rights to connect them.

Service Availability and Support

While we strive to provide reliable service, we do not guarantee that the Service will be available at all times or without interruption. The Platform is provided "as is" and "as available." We will make reasonable efforts to provide technical support during business hours and will make reasonable efforts to communicate significant planned maintenance in advance. We may modify, suspend, or discontinue features of the Service from time to time.

Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any call or message will be delivered, that the AI will produce accurate or complete results, or that the Service will meet your requirements. No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use or inability to use the Service, including any missed, dropped, or mishandled calls or messages, or any AI output.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, members, employees, and agents from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content or Customer Data; (c) your violation of these Terms or of any law or regulation, including the TCPA, call-recording, telemarketing, anti-spam, messaging, or privacy laws, or HIPAA; (d) your failure to obtain any required consents from, or provide any required notices to, the people you call, text, or record; or (e) your infringement or violation of the rights of any third party.

Term, Suspension, and Termination

These Terms apply while you have an account or use the Service. We reserve the right to suspend or terminate your access to the Service, with or without notice, for any violation of these Terms, for non-payment, for conduct that creates legal or security risk, or for any other reason we deem appropriate. You may terminate at any time by cancelling your subscription and discontinuing use of the Service.

Upon termination, your right to use the Service ends. We will make your Customer Data available for export or deletion for a reasonable period as described in our Privacy Policy, after which we may delete it, except where retention is required by law or, for PHI, as provided under the applicable BAA. Provisions that by their nature should survive termination will survive, including the sections on Fees, Customer Data and Ownership, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

Changes to these Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes through the Platform or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law provisions. Subject to the "Dispute Resolution; Arbitration; Class-Action Waiver" section below, any action at law or in equity that is not subject to arbitration, including any action to enforce arbitration or an arbitration award, shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of those courts.

Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court, to have a dispute decided by a jury, and to participate in a class action.

Informal resolution first. Before starting a formal proceeding, you agree to first try to resolve any dispute informally by contacting us at [email protected] and giving us at least thirty (30) days to resolve it in good faith. Most concerns can be resolved this way.

Binding arbitration. If a dispute is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect and, where appropriate, its Supplementary Procedures for Consumer-Related Disputes (the "AAA Consumer Rules"). Your arbitration fees and share of arbitrator compensation will be governed by, and where applicable limited by, the AAA Consumer Rules. The arbitration will take place in Travis County, Texas, or by videoconference, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a class or representative proceeding.

Jury trial waiver. To the extent permitted by law, you and the Company waive any right to a trial by jury for any dispute covered by this section.

Exceptions. This section does not require arbitration of: (a) claims that qualify for small-claims court; or (b) claims for injunctive or other equitable relief to address infringement or misuse of intellectual property or unauthorized access to the Service. Such claims may be brought in the courts described in the Governing Law section.

Your right to opt out. You may opt out of this "Dispute Resolution; Arbitration; Class-Action Waiver" section by emailing [email protected] within thirty (30) days of first accepting these Terms, and stating your name, the account involved, and that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Time to bring a claim. To the extent permitted by law, any dispute or claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

Severability. If the class-action waiver above is found unenforceable as to a particular claim, then that claim, and only that claim, will be severed from arbitration and may proceed in the courts described in the Governing Law section, while all remaining claims will proceed in arbitration. If any other portion of this section is found unenforceable, the remainder of this section will remain in effect.

General

Entire agreement. These Terms, together with our Privacy Policy and, where applicable, any BAA and any plan or order details presented at sign-up, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, outages of telecommunications or internet providers, third-party service failures, labor disputes, or governmental actions.

Severability and waiver. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

Independent contractors; no third-party beneficiaries. The parties are independent contractors, and these Terms do not create any partnership, agency, or employment relationship. These Terms are for the benefit of you and us only and do not create rights in any third party.

Notices. We may provide notices to you by email to the address associated with your account or through the Platform. You may send notices to us at [email protected] or the address below.

Contact

Zinng.ai by Bramlett Software LLC
5900 Balcones Dr Ste 100
Austin, TX 78731, United States
Email: [email protected]

Acknowledgment

By using the Zinng.ai Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Please also review our Privacy Policy.