Terms of Service

Welcome to Tugar Tech Solutions Inc. These Terms of Service (“Terms”) govern your access to and use of our website, AI automation services, and related products and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Tugar Tech Solutions provides AI-powered automation services designed to help businesses capture revenue opportunities, including but not limited to:

• AI Voice Agents: Automated phone call handling, lead qualification, appointment scheduling, and after-hours support
• AI Chat and SMS Agents: Instant text-based responses, website chat integration, SMS engagement, and automated follow-ups
• Automation Agents: CRM data entry and updates, lead enrichment, intelligent routing, and pipeline automation
• Custom AI Solutions: Tailored AI automation workflows and integrations for specific business needs

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. Account Registration and Security

Account Creation

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities that occur under your account

Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.

Account Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services to send spam, unsolicited communications, or engage in telemarketing violations
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the operation of our Services or servers
• Attempt to gain unauthorized access to our systems, networks, or user accounts
• Use automated systems (bots, scrapers) to access our Services without permission
• Reverse engineer, decompile, or attempt to extract source code from our AI models or software
• Use our Services to develop competing products or services
• Engage in any activity that could harm, disable, or impair our Services
• Use our AI agents for illegal activities, harassment, fraud, or to spread misinformation

Violation of this Acceptable Use Policy may result in immediate termination of your account and legal action.

5. AI Services and Limitations

AI Performance

Our AI agents are designed to automate business processes and improve efficiency. However, AI technology has inherent limitations:

• AI responses may not always be accurate or appropriate for every situation
• Voice recognition and natural language processing may misinterpret certain inputs
• AI agents may require ongoing training and optimization to achieve desired performance
• Complex or unusual scenarios may require human intervention

Customer Responsibility

You acknowledge and agree that:

• You are responsible for monitoring AI agent performance and ensuring compliance with applicable laws
• You must provide accurate information and clear instructions for AI agent configuration
• You are responsible for obtaining necessary consents for call recording and data processing in your jurisdiction
• Final business decisions should not rely solely on AI recommendations without human review
• You must implement appropriate fallback procedures for AI agent failures or errors

Service Level Agreement (SLA)

We strive to maintain high availability and reliability of our Services. Specific SLA terms, including uptime guarantees and support response times, are outlined in your service agreement or subscription plan.

6. Fees and Payment

Pricing

Fees for our Services are outlined in your service agreement, subscription plan, or on our pricing page. Prices are subject to change with 30 days' notice.

Payment Terms

• Payment is due according to the billing schedule specified in your agreement (monthly, annually, etc.)
• All fees are non-refundable unless otherwise specified in your service agreement
• You authorize us to charge your provided payment method for all applicable fees
• Late payments may result in service suspension and late fees as permitted by law
• You are responsible for all taxes associated with your purchase, excluding taxes based on our net income

Free Trials and Consultations

We may offer free trials or consultations at our discretion. Free trial terms will be clearly communicated at the time of sign-up. At the end of a free trial, you may be automatically charged unless you cancel before the trial period ends.

7. Intellectual Property Rights

Our Intellectual Property

All content, features, functionality, and technology underlying our Services, including but not limited to:

• AI models, algorithms, and machine learning systems
• Software code, architecture, and design
• Trademarks, logos, and branding materials
• Website content, graphics, and user interface
• Documentation, training materials, and methodologies

are owned by Tugar Tech Solutions and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

Your Content and Data

You retain all rights to the content and data you provide to our Services (“Your Content”), including:

• Business information and contact data
• Call scripts and conversation flows
• CRM data and customer information
• Recordings, transcripts, and chat logs generated through our Services

By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and analyze Your Content solely for the purpose of providing and improving our Services. We may use anonymized and aggregated data derived from Your Content for analytics and AI model improvement.

Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without any obligation or compensation to you.

8. Data Privacy and Security

We take data privacy and security seriously. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of our Services complies with applicable data protection laws, including:

• Obtaining necessary consents for call recording and data processing
• Providing required privacy notices to your customers and leads
• Complying with telemarketing regulations (TCPA, CAN-SPAM, GDPR, etc.)
• Implementing appropriate data security measures for integrated systems

9. Third-Party Integrations

Our Services may integrate with third-party platforms and services (CRMs, calendars, communication tools, etc.). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for:

• The availability, functionality, or security of third-party services
• Third-party service changes that may affect our integrations
• Data loss or breaches occurring within third-party systems
• Fees charged by third-party service providers

You are responsible for maintaining active accounts and proper configurations with third-party services required for our integrations.

10. Warranties and Disclaimers

Limited Warranty

We warrant that our Services will perform substantially in accordance with the documentation and descriptions provided. If we fail to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the issue or, if we cannot correct it, to terminate your subscription and refund any prepaid, unused fees.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of AI-generated content or recommendations
• Results, revenue, or business outcomes from using our Services

We do not warrant that our Services will meet your specific requirements or that defects will be corrected. You use our Services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUGAR TECH SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or procurement of replacement technology
• Damages arising from AI errors, misinterpretations, or inappropriate responses
• Damages resulting from unauthorized access, data breaches, or security incidents
• Damages caused by third-party integrations or services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $1,000, WHICHEVER IS GREATER.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.) and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tugar Tech Solutions and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your Content or data provided to our Services
• Your violation of third-party rights (privacy, intellectual property, etc.)
• Your failure to comply with telemarketing, data protection, or consumer protection laws

13. Term and Termination

Term

These Terms commence when you first access or use our Services and continue until terminated by either party.

Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature. Termination does not relieve you of any payment obligations for services already provided.

Termination by Us

We may suspend or terminate your access to our Services immediately, without prior notice, if:

• You breach these Terms or our Acceptable Use Policy
• Your account is inactive for an extended period
• You fail to pay fees when due
• We suspect fraudulent, abusive, or illegal activity
• We discontinue offering our Services

Effect of Termination

Upon termination:

• Your right to access and use our Services immediately ceases
• We may delete or archive your account and data according to our data retention policy
• You remain responsible for any outstanding fees and obligations incurred before termination
• Sections of these Terms that by their nature should survive (limitations of liability, indemnification, etc.) will continue to apply

14. Dispute Resolution

Informal Resolution

Before filing a formal claim, you agree to contact us at hello@tugartech.ai to attempt to resolve the dispute informally. We will work in good faith to resolve disputes through direct negotiation.

Arbitration Agreement

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration, rather than in court, except that:

• Either party may seek injunctive or equitable relief in court for intellectual property infringement
• Small claims court actions are permitted if they qualify

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding.

Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the courts located in Calgary, Alberta, Canada.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new “Last Updated” date
• Sending email notification to registered users
• Displaying a prominent notice on our website or in our Services

Your continued use of our Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services and terminate your account.

17. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Tugar Tech Solutions regarding our Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or government actions.

Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country.

18. SMS / Text Messaging Program

Tugar Tech Solutions Inc. operates an SMS/text messaging program. By providing your mobile phone number and opting in through our website form, you consent to receive recurring text messages from us related to the service you requested — including information about your free review trial and related services, responses to your inquiries, appointment and demo scheduling, and service or account updates.

• Message frequency: Message frequency varies based on your interaction with us.
• Message and data rates: Message and data rates may apply, depending on your mobile carrier and plan.
• Opt-out: You may opt out of the SMS program at any time by replying STOP to any message (text STOP to unsubscribe). After you send STOP, we will send one confirmation message and will not send any further texts unless you opt back in.
• Help: For help, reply HELP to any message, or contact us using the support details below.
• Eligibility: You must be at least 18 years old to opt in to and participate in the SMS program.

Carrier disclaimer: Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile network operator and is not guaranteed.

Information collected as part of the SMS program is handled in accordance with our Privacy Policy. Mobile opt-in information and consent are never shared with, sold to, or rented to any third parties or affiliates for their marketing purposes.

SMS program support: Tugar Tech Solutions Inc., Calgary, Alberta, Canada. Email lateef@tugartech.ai or call +1 (587) 786-6550.