Tingting Terms and Conditions
Welcome to Tingting! These Terms and Conditions ("Terms") govern User's (your) access to and use of the Tingting platform, including all related services, products, features, and content (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Definitions
1.1. Service: Any and all services availed from the Tingting platform and website including call, SMS, survey campaign services, APIs, websites, applications and others.
1.2. User: Any person that creates an account in the tingting platform/website and/or uses any Service.
1.3. Account: A unique, private account created by a User to access and use the Service.
1.4. Content: Any text, messages, data, information, or other materials you transmit, send, or receive through the Service.
2. Account Registration
2.1. To use the Service, you must register for an Account and provide accurate, complete, and up-to-date information as requested.
2.2. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You are solely responsible for all activities that occur under your Account, whether or not you have authorized them.
2.3. You agree to notify Tingting immediately of any unauthorized use of your Account or any other breach of security.
3. Acceptable Use of the Service
3.1. You agree to use the Service only for lawful purposes and in a manner that does not violate any local, national, or international laws, including but not limited to laws concerning telecommunications, data privacy, and anti-spam regulations.
3.2. Prohibited Content and Activities: You are strictly prohibited from using the Service to transmit or promote any Content or engage in any activity that is:
- Illegal, fraudulent, or deceptive.
- Defamatory, libelous, or harassing.
- Obscene or sexually explicit.
- Hateful, discriminatory, or inciting violence against any individual or group.
- In violation of another party's intellectual property rights, including copyrights, trademarks, and patents.
- Designed to disrupt the Service, including sending viruses, malware, or other malicious code.
3.3. Spam and Unsolicited Messages: The sending of unsolicited messages (spam) is strictly prohibited. You agree that you will only send communications to individuals who have provided their prior express consent to receive such communications. You must be able to provide proof of consent upon request. Violation of this clause may result in a penalty, in addition to the immediate termination of your Account.
4. Payment and Credits
4.1. The Service is based on a credit system. You must purchase credits to use the calling and SMS features.
4.2. All payments are non-refundable. Once credits are purchased, they cannot be exchanged, returned, or converted back into cash.
4.3. Tingting reserves the right to change its pricing and credit packages at any time. Any changes will be announced in advance on the website or via email.
5. Intellectual Property
5.1. Tingting's IP: All intellectual property rights in the Service, including software, design, text, graphics, logos, and trademarks, are the exclusive property of Tingting or its licensors.
5.2. User's Content: You retain all ownership rights to the Content you create, send, or receive using the Service. By using the Service, you grant Tingting a non-exclusive, royalty-free, worldwide license to use, reproduce, and transmit your Content solely for the purpose of providing and improving the Service.
6. Service Availability and Limitation of Liability
6.1. Tingting will use commercially reasonable efforts to ensure the Service is available at all times, but we do not guarantee uninterrupted, secure, or error-free access. The delivery of messages is dependent on third-party network operators (e.g., NTC, Ncell) and the recipient's mobile handset.
6.2. Disclaimer of Warranties: The Service is provided "as is" and "as available" without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.3. Limitation of Liability: To the maximum extent permitted by law, Tingting 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 access to or use of, or inability to access or use, the Service.
- Any conduct or content of any third party on the Service.
- Unauthorized access, use, or alteration of your Content.
Tingting shall have no obligation to indemnify any person in connection with any matter related to or arising out of this Terms or the subject matter of this Term or with respect to any Service availed from Tingting except for any willful misconduct adjudicated by the competent court.
7. User's Liability
7.1. Tingting avails the network and services of the telecom operators like Ncell and Nepal Telecom under their standard terms and conditions to provide Service under its platform. Any unlawful use of the Service or use against the terms and purpose of use of these Service by the User may subject Tingting to bear liability for damages and indemnification to the Operators and/or the regulators. User shall be liable to indemnify and hold Tingting harmless for any loss, damages or cost suffered by Tingting, including for legal and administrative cost, with respect to any claims of Operators, regulators or any third party on account of any wrongful or unlawful use of Service by the User.
7.2. User shall indemnify Tingting against any and all claims of any third party with respect to any communications, dissemination, notification or any other activities done by the User by use of the Service from Tingting Platform.
8. Termination
8.1. Tingting may suspend or terminate your Account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms.
- Engaging in fraudulent or illegal activities.
- Violation of acceptable use policies.
8.2. You may terminate your Account at any time by contacting our support team.
9. Privacy Policy
9.1. Your use of the Service is also governed by our Privacy Policy, which is available on our website. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in the Privacy Policy.
10. Governing Law
10.1. These Terms shall be governed by and construed in accordance with the laws of Nepal. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of Nepal.
11. Changes to the Terms
11.1. Tingting reserves the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
Contact Us:
If you have any questions about these Terms, please contact us at: [email protected]