Terms of Service

1. About these Terms

These Terms apply to both toppp.ai and topppai.cn and to everything offered through them.

If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to do so and that these Terms bind that organisation. "You" then means both you and that organisation.

If we have signed a separate written services agreement or order form with you, that agreement prevails wherever it differs from these Terms.

2. Definitions

• "Service" — the TOPPP AI sales agent platform, including configuring, running, evaluating and coordinating agents, and handing conversations over to a person.
• "Agent" (AI sales employee) — an AI program you configure on the platform and that the platform runs.
• "Customer Data" — everything you or your users upload, enter, generate or send through the Service, including sales knowledge, sales material, business rules, agent configuration, conversation records and anything derived from them.
• "End User" — a third party you reach, engage or serve through the Service, such as your customer or prospect.
• "AI Output" — text, decisions, suggestions and other content produced by an agent.

3. Accounts and security

You can register with a Google account or with an email verification code. You must give accurate, current information that we can reach you at, and keep it up to date.

You are responsible for keeping your credentials safe. Anything done through your account counts as done by you, unless you can show the account was used without authorisation and you told us promptly.

We may restrict accounts that are registered under false information, shared to circumvent usage limits, or otherwise abused.

4. The Service and its availability

The Service is provided as it currently stands. We keep changing features, interface and availability; where a change matters, we will give reasonable notice in advance where we can.

Some features may be labelled beta, preview or invite-only. Those features may be unstable, may change, and may be withdrawn. They do not carry the same availability expectations as generally available features.

We will work to restore the Service after outages caused by network faults, third-party outages, force majeure or planned maintenance, but such outages are not a breach of these Terms.

5. Customer Data and the licence you grant

Customer Data belongs to you or to whoever else holds the rights in it. Providing the Service gives us no ownership of it.

So that we can provide the Service, you grant us a limited, non-exclusive, revocable licence to store, process, transmit and display Customer Data. That licence extends only as far as running the Service requires, and it ends when you delete the data or the Service terminates.

We do not use Customer Data to train or improve any machine learning model, and we do not use it to provide the Service to anyone other than you. Our Privacy Policy sets this out in more detail.

You must hold the rights you need in Customer Data, and its collection and use must comply with the law that applies to you.

6. What AI Output is, and what it is not

AI Output is generated by a model from the knowledge, rules and material you configure. It can be inaccurate, incomplete, or wrong for the situation at hand. That is an inherent property of current generative models; better configuration reduces it but does not remove it.

The Service gives you an evaluation workbench and human takeover to find and correct problems. Those mechanisms lower the risk. They are not a warranty that AI Output is accurate.

AI Output sent in your name is your responsibility to the outside world. Set human review and takeover rules that match the risk in your business.

• AI Output is not legal, financial, medical or other professional advice.
• The same or similar input can produce different output; we make no commitment that AI Output is reproducible.
• Where the output concerns pricing, contract terms, commitments or credentials, confirm it with a person before it goes out.

7. Acceptable use

You must not use the Service to do any of the following, and must not help or allow anyone else to:

• send spam, or contact people in a harassing, high-frequency or indiscriminate way;
• keep contacting an End User after they have clearly asked you to stop;
• have an agent impersonate a specific real person, or deny that it is an AI when an End User asks;
• commit fraud, make misleading claims or false promises, or publish content that breaches advertising law or any other law that applies;
• collect, sell or otherwise misuse personal information unlawfully;
• scrape, reverse engineer, bulk copy, load-test or resell the platform;
• upload malicious code, or otherwise interfere with the operation of the Service;
• use the Service in an industry or for a purpose that the law prohibits.

8. Your compliance obligations

For Customer Data and End Users' personal information, you are the controller and we process on your instructions as a processor. Establishing a lawful basis, giving the required notices, and answering End Users' rights requests are therefore your responsibility.

• If you use the Service to contact End Users, you must have a lawful basis for doing so — consent, or another ground that applies to you.
• In mainland China, that includes the Personal Information Protection Law, the Advertising Law and the Anti-Unfair Competition Law.
• Elsewhere, it includes the local law on commercial communication and personal data, such as the GDPR, CAN-SPAM and the TCPA.
• If your use of the Service leads to a third-party claim or a regulator's enquiry, handling it and bearing the consequences is your responsibility.

9. Third-party services

The Service supports signing in with a Google account. If you use it, your relationship with Google is governed by Google's terms and privacy policy.

We are not responsible for the availability, content or conduct of third-party services.

10. Intellectual property

The Service itself — the software, interface design, graphics, marks, documentation and the technical implementation behind them — belongs to us or to the respective rights holders. You may not copy, modify, distribute, publicly display or commercially exploit it without written permission.

We may use feedback and suggestions you give us about the Service to improve the product, at no cost and without any duty of confidentiality or compensation to you. This does not extend to your Customer Data.

11. Confidentiality

Non-public information one party learns about the other in the course of these Terms must be kept confidential, and must not be disclosed to third parties or used for anything outside these Terms.

This does not cover information that is already public, that the receiving party lawfully held beforehand, that the receiving party developed independently, or that the law or a regulator requires to be disclosed.

These confidentiality obligations continue after these Terms end.

12. Fees

Pricing, billing method and billing cycle are set out in the order form or services agreement we sign with you.

Free allowances and trial periods may carry usage limits, and we may adjust them.

13. Disclaimers and limitation of liability

To the fullest extent the law allows, the Service is provided on an "as is" and "as available" basis, without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement.

To the fullest extent the law allows, we are not liable for indirect or incidental loss, or for loss of profit, data, goodwill or business continuity.

Our total aggregate liability under these Terms will not exceed the fees you actually paid for the Service in the twelve months before the liability arose; where no fees were paid, it is capped at CNY 1,000.

Nothing here excludes or limits liability that cannot lawfully be excluded or limited, including liability for personal injury caused by wilful misconduct or gross negligence.

14. Indemnity

You will indemnify us and hold us harmless against third-party claims, regulatory penalties and losses brought against us because you breached these Terms, used the Service unlawfully, or because Customer Data infringed a third party's rights.

We will tell you about any such claim promptly and cooperate with your defence within reason.

15. Term and termination

You can stop using the Service and ask us to close your account at any time.

If you seriously breach these Terms, or your use puts us, other users or third parties at significant risk, we may suspend or terminate the Service after notifying you. Where the situation is urgent, we may act first and notify afterwards.

After termination we will deal with your data within the periods set out in the Privacy Policy, except where the law requires us to keep it.

Sections 10, 11, 13 and 14, and any other section that by its nature should continue, survive termination of these Terms.

16. Changes to these Terms

We may update these Terms as the product changes, as the law requires, or as the business needs. The updated version is published on this page and takes effect from the date it is published.

Where a change materially affects your rights or obligations, we will give advance notice by in-product message, email or another reasonable means.

Continuing to use the Service after a change takes effect means you have read and accepted the updated Terms. If you do not accept them, stop using the Service.

17. Governing law and disputes

These Terms are governed by the laws of the mainland of the People's Republic of China, excluding its conflict-of-laws rules.

The parties will first try to resolve any dispute arising out of or relating to these Terms by discussion. Failing that, either party may bring proceedings before the competent People's Court at our registered address.

18. Contact us

These Terms are published by TOPPP.

• Operating entity: HIII PTE. LTD.