PingsYou Terms of Service

§1. Who provides the service

The PingsYou service is provided by Katarzyna Górecka, ul. Nowogrodzka 31, 00-511 Warsaw, Poland, tax ID (NIP): 7412060624 (the "Provider", "we").

Contact: email admin (at) pingsyou.com, the form on the Contact page, postal address as above. We reply on business days, usually the same day.

These Terms are terms of providing services by electronic means within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means. They are available free of charge at pingsyou.com in a form that allows downloading, storing and printing.

§2. Definitions

Capitalised terms mean:

• Customer - a business (a sole trader, a legal person or an organisational unit with legal capacity) that has entered into an agreement with us to use the Service.
• User - a natural person acting on behalf of the Customer who has access to the Account (e.g. the owner, an employee, an agency collaborator).
• Account - the Customer's space in the Dashboard with its data, settings, contacts and sending history.
• Contact - a unique person in the Customer's database, identified by one email address after normalisation (lower case, Gmail dots and aliases merged). The same person with several tags or saved several times is one Contact.
• Campaign - a single email send or a planned series of emails to selected Contacts.
• Reminder - an automatic follow-up email within a Campaign, sent to Contacts who did not open or did not click the previous email.
• Path - an automation made of steps (emails, waits, conditions), triggered by an event such as a sign-up or a purchase; it can be created from a ready recipe.
• Event - a recurring or one-off event of the Customer (e.g. a webinar, a workshop) with registrations, reminders and handling of people already registered.
• Conversations - the reply inbox in the Dashboard where Contacts' replies are collected, classified and can receive a draft answer.
• MCP Connector - a Model Context Protocol connector through which an AI assistant chosen by the Customer (e.g. Claude, ChatGPT, Cursor) operates the Account on the User's instructions.
• AI Generation - one task performed by an AI model in the Service, e.g. a Campaign plan from one sentence, an email draft, a subject variant or a reply draft in Conversations.
• Plan - a package of the Service (Free, Spark, Boost, Rocket, Scale) with defined limits and features.
• Dashboard - the PingsYou web application available after signing in.
• Pricing - the current list of Plans, limits, features and prices on the Pricing page.
• Service - all PingsYou features made available to the Customer through the Dashboard, the API and the MCP Connector.

§3. What the Service includes

Within the Service, to the extent of the Plan, the Customer may in particular:

• keep a database of Contacts with tags, segments, consents and history, import it from a CSV file with duplicate merging and collect sign-ups with forms (with a double opt-in option);
• create and send Campaigns, including Campaigns prepared by AI from one sentence, with Reminders and subject line A/B tests;
• run Paths and Events, including recurring events without inviting people already registered;
• handle replies in Conversations;
• send from their own sender domain, with automatic domain warm-up and reputation protection;
• connect the Service with shops (Shopify, WooCommerce), with their own systems through the API and webhooks, and with AI assistants through the MCP Connector;
• view statistics, reports and recommendations.

The detailed features of each Plan are set out in Pricing. Features marked "soon" are not part of the Service until they are released.

The Service keeps evolving. We may add, change and withdraw features as long as this does not materially degrade the Service during a paid period. We announce material changes in advance.

§4. Technical requirements

To use the Service you need:

• a device with internet access and an up-to-date browser (Chrome, Safari, Firefox, Edge) with JavaScript and the cookies required for signing in enabled;
• an active email address;
• to send from your own domain - an internet domain and access to its DNS settings to add the SPF, DKIM and DMARC records shown in the Dashboard;
• to use the MCP Connector - an account with the chosen AI assistant provider (e.g. Claude, ChatGPT) or an MCP client (e.g. Cursor), under that provider's terms.

The Provider is not responsible for the services of domain and DNS providers, recipients' mailbox providers and AI assistants that the Customer uses independently of the Service.

§5. Account, sign-in and conclusion of the agreement

You create an Account on the sign-in page with a Google account, a one-time link sent by email, or an email address and password. By creating an Account you confirm that you act as a business or on behalf of a business and accept these Terms and the Privacy Policy.

The agreement is concluded when the Account is created, for an indefinite period. Choosing a paid Plan changes the scope of the agreement for the paid billing period.

The Service is intended for businesses (B2B). A natural person running a sole proprietorship for whom the agreement is not of a professional nature (as shown in particular by their entry in the Polish business register CEIDG) enjoys the protection provided for in Article 385⁵ of the Polish Civil Code, including the right to withdraw from the agreement within 14 days of its conclusion. If they request that the Service starts before this period ends, they pay for the period until withdrawal.

The Customer may invite Users to the Account within the Plan limit and assign them roles. The Customer is responsible for the actions of Users, API tokens and AI assistants connected to the Account and for keeping sign-in details confidential. Tokens and MCP connections can be revoked in the Dashboard at any time.

One person may belong to several Accounts (e.g. an agency and its clients). An Account must not be resold or shared with people outside the Customer's organisation other than by inviting them as Users.

§6. Plans, limits and add-ons

Each Plan has the limits described in Pricing, in particular:

• the number of Contacts - we count active, unique people; unsubscribed, bounced and spam-complaining Contacts remain in the database as history but do not count towards the limit;
• the number of emails per calendar month - all sent emails count: Campaigns, Reminders, Paths, Events and transactional messages (e.g. sign-up confirmations);
• the number of sender domains and Users;
• the number of AI Generations per calendar month; unused Generations do not roll over.

When usage of any limit reaches 80%, we notify you in the Dashboard and by email. Above the limit, new sends and Generations wait until the Customer changes the Plan or reduces the database. We do not delete data or block access to the Account for this reason; sign-up forms keep working.

Add-ons (e.g. connecting an external mailbox in Conversations, a campaign prepared on demand) are paid separately according to Pricing or an individual offer.

The Scale Plan and custom terms are agreed individually. Terms in an offer or order prevail over these Terms to the extent they differ.

§7. Free Plan

The Free Plan is free of charge and has no time limit, for up to 100 Contacts and within the other limits in Pricing. It does not require a payment card.

The Spark, Boost and Rocket Plans can be tried for 3 days (trial period), once per account. During the trial Contacts can be imported without trial restrictions and sending is limited to 200 messages. The User may start the paid period at any time before the trial ends. If the User does not cancel before the trial ends, the paid subscription of the selected Plan starts, billed through Stripe.

We may delete a Free Plan Account in which nobody has signed in and no email has been sent for 12 months. We will warn you by email at least 30 days in advance so that you can export your data or sign in and keep the Account.

We may change the Free Plan limits in accordance with §15.

§8. Payments, invoices, plan changes and cancellation

• Paid Plans are billed in advance, monthly or annually. Annual billing comes with the discount shown in Pricing (currently 20%).
• Prices in Pricing are net prices: in Polish zloty (PLN) on the Polish site and in US dollars (USD) on the English site; the currency is chosen at checkout. VAT is added in accordance with applicable law (reverse charge for EU businesses with a valid VAT number).
• Payments are processed by Stripe Payments Europe Ltd. Card details go directly to Stripe - we do not store them.
• The subscription renews automatically for another period of the same length and the fee is charged to the saved payment method until the Customer cancels.
• A VAT invoice is issued automatically after each payment and is available in the Dashboard. The Customer agrees to receive invoices electronically.
• An upgrade takes effect immediately; you pay the prorated difference for the rest of the period. A downgrade takes effect from the next billing period.
• A paid Plan can be cancelled at any time with one click in the Dashboard (Settings → Plan). The Plan stays active until the end of the paid period, then the Account moves to the Free Plan.
• We do not refund the unused part of a paid period, except where required by law or under §11.
• If a payment fails, we retry it for 14 days and notify you by email. After that, the Account moves to the Free Plan; the data stays in the Account.

A price change does not affect a period already paid for. We announce a price increase at least 30 days before the next renewal.

§9. Sending rules and prohibited content

The Customer is the sender of the emails and is responsible for their content and for the lawfulness of sends, in particular under the GDPR and Polish electronic communications and e-services law. The Customer undertakes to:

• send commercial information only to people who have consented to it (sign-up through a form, a purchase with explicit consent, consent documented at import) and be able to demonstrate that consent;
• use double opt-in for sign-ups where possible - we recommend it and provide it in forms;
• not send to bought, rented, scraped or shared address lists;
• keep a working unsubscribe link in every marketing email and not make unsubscribing difficult; unsubscribes are honoured automatically;
• provide true sender details and not impersonate other people, companies or brands.

It is prohibited to send through the Service in particular: spam, phishing and content aimed at obtaining data by deception, malware, unlawful content or content infringing the rights of third parties, pornographic content, content inciting violence or hatred, offers of illegal products and services, pyramid schemes, and misleading investment or gambling offers without the required licences.

Reputation Guardian. To protect the deliverability of the Customer and other users, the Service automatically monitors metrics from the last 30 days. When bounces exceed 5% or spam complaints exceed 0.1% of sent emails, sending from the Account is paused; at half of these thresholds we show a warning. The reason and instructions for restoring sending (e.g. removing bounced addresses) are shown in the Dashboard, and once they are completed we resume sending.

Domain warm-up. A new sender domain is warmed up automatically: the daily sending limit starts with a small number of emails and grows gradually over about 4 weeks up to the Plan limit. The Service may also apply a weekly limit of emails per Contact.

In the event of a serious or repeated breach of this section (in particular spam or phishing), we may immediately pause sending or block the Account and terminate the agreement without a refund. The Customer may appeal under §14.

§10. AI and the MCP Connector

• AI features (a Campaign plan from one sentence, email drafts, subject variants, reply classification and drafts) prepare proposals. No email prepared by AI is sent to Contacts without a User's approval in the Dashboard or in the AI assistant.
• AI-generated content may contain errors or inaccuracies. Before approving, the User reviews it and is responsible for the published content as for content written by themselves.
• For AI Generations we use models from external providers (currently Anthropic). We pass them only the data needed to perform the task. Under our agreements the providers do not use this data to train their models.
• The MCP Connector gives the AI assistant chosen by the Customer access to the Account within the granted permissions. The assistant (e.g. Claude, ChatGPT, Cursor) is used under the Customer's agreement with its provider - data the assistant retrieves from PingsYou is processed by that provider on terms agreed with the Customer.
• Operations performed through the MCP Connector are recorded in the Account log. The connection can be disconnected in the Dashboard at any time.

§11. Availability and support

We make every effort to keep the Service running without interruption, with a target availability of 99.5% per month. Unavailability does not include planned maintenance (announced in the Dashboard or by email, at night where possible) or failures on the side of internet, domain and recipient mailbox providers.

Support is provided by email on business days. On the Rocket and Scale Plans support is prioritised, and on the Scale Plan the Customer has a dedicated account manager.

If, through our fault, the Service on a paid Plan is unavailable for more than 24 hours in total in a month, at the Customer's request we will extend the paid period in proportion to the downtime.

§12. Liability

• We are responsible for providing the Service properly. We do not guarantee that every email reaches the inbox - delivery also depends on recipients' mailbox providers, the reputation of the Customer's domain and the content of the email.
• The Customer is responsible for the content of emails, for the legal basis for sending and for processing Contacts' data, and for the actions of Users and connected AI assistants. The Customer indemnifies the Provider against third-party claims arising from the Customer's breach of law or of these Terms.
• Our total liability to the Customer under the agreement is limited to the fees paid by the Customer in the 12 months before the event giving rise to the damage and does not include lost profits.
• The limitations in this section do not apply to damage caused intentionally or where limiting liability is not permitted by law, including towards sole traders protected as consumers.

§13. Data processing agreement

This section constitutes a data processing agreement within the meaning of Article 28 GDPR. You enter into it together with these Terms when the Account is created.

• Roles: the Customer is the controller of the Contacts' data entered into the Service. The Provider is the processor and processes that data only on the Customer's documented instructions, which are these Terms and the Users' actions in the Service.
• Scope: identification and contact data (email address, first name, last name, other fields added by the Customer), tags, consents, sending and interaction history (opens, clicks, replies), order data passed from a shop integration. Categories of data subjects: subscribers, customers, event participants and other contacts of the Customer.
• Purpose and duration: providing the Service for the term of the agreement and up to 30 days after termination (for data export), after which the data is deleted, including from backups within their cycle (up to 30 days), unless the law requires further retention.
• Confidentiality and security: only authorised persons bound by confidentiality have access to the data. We apply the measures referred to in Article 32 GDPR, in particular encryption in transit (TLS), access control and logging, backups and separation of Account data.
• Assistance: we help the Customer fulfil data subjects' rights (export, correction and deletion of a Contact are available in the Dashboard and through the API) and the obligations under Articles 32-36 GDPR, to the extent the information available to us allows.
• Breaches: we notify the Customer of a personal data breach concerning Contacts without undue delay, no later than 48 hours after becoming aware of it, providing the information needed to report it to the supervisory authority.
• Audit: we provide the Customer with the information necessary to demonstrate compliance with Article 28 GDPR. An audit or inspection at the Provider may be carried out at an agreed date, with at least 30 days' notice, at the Customer's expense, no more than once a year.

Sub-processing. The Customer gives general authorisation for us to use the sub-processors below. We announce a planned addition or replacement of a sub-processor at least 14 days in advance by email or in the Dashboard; during this time the Customer may raise a reasoned objection and, if we cannot agree, terminate the agreement with immediate effect. We impose the same data protection obligations on sub-processors.

• Twilio Inc. (SendGrid), USA - email delivery; transfer based on standard contractual clauses (SCCs) and the EU-US Data Privacy Framework;
• Amazon Web Services EMEA SARL (Amazon SES), EU region - email delivery;
• Anthropic PBC, USA - AI models for AI Generations; transfer based on SCCs;
• OpenAI, L.L.C., USA - only when the Customer connects the Account to ChatGPT through the MCP Connector; transfer based on SCCs and the Data Privacy Framework;
• Stripe Payments Europe Ltd., Ireland - payments and invoicing (Customer data, not Contacts);
• Google Ireland Ltd., Ireland - sign-in with a Google account (User data, not Contacts);
• a hosting and database provider with a data centre in the European Union - storage of Service data.

The current list of sub-processors is available in the Privacy Policy.

§14. Complaints

You can file a complaint about the Service (including an appeal against paused sending or a blocked Account) by email to admin (at) pingsyou.com or in writing to the Provider's address. Include the Account email address, a description of the problem and the expected resolution.

We handle a complaint within 14 days of receiving it and reply to the address it was sent from. If we need additional information, the period runs from receiving it.

§15. Changes to the Terms

We may change these Terms for important reasons: changes in the law, changes in the scope or manner of providing the Service, changes of providers, the need to improve security or to prevent abuse.

We announce a change by email and in the Dashboard at least 14 days before it takes effect (changes favourable to the Customer or required by law may apply earlier). If you do not accept the changes, you may terminate the agreement with immediate effect before that date; on a paid Plan we will then refund the proportional part of the fee for the unused period.

Each version of the Terms has a number and an effective date shown at the top of the document.

§16. Termination and data export

• The Customer may terminate the agreement at any time by deleting the Account in the Dashboard (Settings) or by writing to us. Cancelling a paid Plan without deleting the Account moves the Account to the Free Plan.
• We may terminate the agreement with 30 days' notice, and without notice in the event of a serious breach of these Terms, in particular of §9, or actions threatening the security of the Service.
• You can export Contacts, statistics and content at any time in the Dashboard (CSV) or through the API. After termination the data remains available for export for 30 days, then we delete it, except for data we must keep by law (e.g. invoices).

§17. Final provisions

• The agreement is governed by Polish law.
• Disputes are resolved by the common court having jurisdiction over the Provider's registered address. This does not apply to sole traders protected as consumers, who may use the general jurisdiction of the courts.
• If any provision proves invalid, the remaining provisions remain in force, and the invalid one is replaced by the provision closest to its purpose.
• Matters not covered are governed by the Polish Civil Code, the Act on providing services by electronic means and the GDPR.
• These Terms are available in Polish and English. In the event of discrepancies, the Polish version prevails.