Terms of service

About these terms

These terms are an agreement between your business and Inteltree Ltd, trading as Pingwell (“we”), registered in England and Wales under company number 16119229, at Rear Unit, 209 Hendon Way, London NW2 1JJ. They cover your use of the Pingwell dashboard and API.

By creating an account you agree to these terms and our acceptable use policy. Our privacy policy explains how we handle personal details.

Your account

• Pingwell is for businesses and organisations, not personal use.
• The person who creates the account must be 18 or over and allowed to accept these terms for the business.
• Keep your details accurate. We check your phone number and your business before you can send.
• You're responsible for everything sent from your account, including by teammates you invite. Keep your password safe.

Sender names

You can only use sender names that belong to your business. We review each one and may refuse or withdraw a name that could mislead the people you text.

Credit, plans and payment

• Prices are in pounds sterling and exclude VAT, which we add at the current rate.
• Plans include a number of texts each billing period. Unused plan texts don't carry over.
• Pay-as-you-go credit doesn't expire while your account is open.
• Texts we couldn't send are credited back to your balance.
• You can cancel a plan at any time. It stays active until the end of the period you've paid for. Unused credit and plan fees aren't refunded unless the law requires it.

Sending texts

You must follow our acceptable use policy and the law, including the Privacy and Electronic Communications Regulations (PECR) and UK GDPR. You are responsible for having permission to text each person you send to.

Your contacts' data

Your contacts, lists and messages belong to you. You decide who to text and why, and we process their details on your behalf. This section is our data processing agreement under Article 28 of UK GDPR. We will:

• only use your contacts' details to provide Pingwell, on your instructions;
• make sure our staff keep them confidential;
• keep them secure, and tell you without undue delay if there's a breach;
• only use suppliers that protect them to the same standard, and stay responsible for those suppliers;
• help you respond to people exercising their data rights;
• delete them when your account closes, as set out below.

Pausing and closing accounts

We may pause sending or close an account that breaks these terms or the acceptable use policy, puts the people you text at risk, or puts our connections to the mobile networks at risk. Where we can, we'll tell you why first.

You can close your account at any time by emailing terms@inteltree.co.uk. We can close it with 30 days' notice, or straight away for serious misuse. Ask us before it closes and we'll send you a copy of your contacts. We delete your data 90 days after an account closes, apart from billing records we must keep by law.

Availability and changes to Pingwell

We work to keep Pingwell running but can't promise it will always be available, and mobile networks don't guarantee that every text is delivered. We may change or improve features. We'll give you at least 30 days' notice of any price rise.

Liability

Our total liability to you in any 12 months is limited to what you paid us in those 12 months. We aren't liable for lost profits, revenue or business, or for indirect losses. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit.

You're responsible for claims, fines and costs that arise from texts you send in breach of these terms, the acceptable use policy or the law.

Changes to these terms

We'll email you at least 30 days before changes take effect. If you keep using Pingwell after that, the new terms apply. If you don't agree, you can close your account before then.

Law and contact

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Questions about them go to terms@inteltree.co.uk.