# Zing — Terms of Service
**Effective Date:** June 16, 2026
**Last Updated:** June 16, 2026
These Terms of Service ("Terms") govern your use of Zing ("Service", "Platform") operated by Zing Technologies, Inc. ("Zing", "we", "us", "our"). By accessing or using the Zing platform, you agree to be bound by these Terms.
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## 1. Description of Service
Zing is a multi-channel ordering and customer communication platform for food and retail businesses. The Service includes:
- Web-based customer ordering microsites
- AI-powered phone ordering via automated voice agent
- Owner dashboard for order management
- Kiosk ordering terminals
- Automated SMS communications (order confirmations, re-engagement messages)
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## 2. Parties
### 2.1 Business Owners ("Merchants")
Merchants are businesses that subscribe to Zing to manage customer orders and communications. Merchants are responsible for their menu accuracy, pricing, order fulfillment, and compliance with applicable laws regarding their products and services.
### 2.2 Customers
Customers are end users who place orders through a Merchant's Zing-powered channel (web, phone, kiosk). Customers interact with Zing on behalf of the Merchant's business.
### 2.3 Platform Relationship
Zing is a technology platform. Zing is not a party to transactions between Merchants and Customers. Zing does not handle food safety, delivery fulfillment, or refund disputes except as described in these Terms.
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## 3. Accounts and Registration
- Merchants must create an account and provide accurate business information.
- You are responsible for maintaining the security of your account credentials.
- You must be at least 18 years old to create a Merchant account.
- Zing reserves the right to terminate accounts for violations of these Terms.
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## 4. AI Phone Agent and Automated Communications
### 4.1 AI Disclosure
**The Zing phone ordering system uses an AI-powered automated voice agent.** When you call a Zing-powered phone number, you will be served by an AI agent, not a human. The agent will disclose this at the start of every call.
This disclosure satisfies applicable requirements under:
- California AB 302 (BOT Disclosure Act)
- Similar state-level AI/chatbot disclosure requirements
### 4.2 Call Recording
Calls to Zing-powered phone lines **may be recorded** for quality assurance, dispute resolution, and service improvement.
- In **all-party consent states** (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington), calls are only recorded after explicit verbal consent is obtained at the start of the call.
- In all other US states, calls may be recorded under one-party consent.
- Recording consent status is logged and retained.
### 4.3 AI Accuracy
The AI agent operates from the Merchant's current menu data. Zing cannot guarantee that all menu items, prices, or availability are accurately reflected at all times. Merchants are responsible for keeping their menu data current.
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## 5. SMS Communications and Consent
### 5.1 Transactional SMS
By placing an order through a Zing-powered channel and providing your phone number, you consent to receive **transactional SMS messages** from the Merchant, including:
- Order confirmation
- Order status updates (Preparing, Ready for Pickup)
- Receipt of purchase
These messages are necessary for order fulfillment. Message and data rates may apply.
### 5.2 Marketing SMS Consent
**You will NOT receive marketing or promotional SMS messages unless you explicitly opt in.** Marketing SMS includes:
- Re-engagement messages ("Your usual order is waiting!")
- Sunday Special promotions
- Loyalty offers
**How to opt in:** During checkout, check the box: *"Text me order updates and occasional specials from [Business Name]. Message & data rates may apply."*
**How to opt out at any time:** Reply **STOP** to any SMS message. You will receive one confirmation message and then no further messages. Reply **HELP** for help.
### 5.3 Message Frequency
Transactional messages: up to 5 per order. Marketing messages: maximum 1 per 14 days per business.
### 5.4 Carriers
Zing uses Twilio as its SMS carrier. Message delivery is not guaranteed. Zing is not responsible for carrier delays.
### 5.5 10DLC Registration
Zing's SMS campaigns are registered with The Campaign Registry (TCR) in compliance with CTIA guidelines and US carrier requirements.
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## 6. Payments and Refunds
### 6.1 Payment Processing
Payments are processed via Stripe. By completing a purchase, you agree to Stripe's Terms of Service and Privacy Policy.
### 6.2 Refunds
Refund policies are set by the individual Merchant. Zing facilitates refunds on behalf of Merchants. If you have a dispute about an order, contact the Merchant directly. Merchants may issue full or partial refunds at their discretion.
### 6.3 Payment Disputes
If you believe you have been charged incorrectly, contact the Merchant first. If unresolved, contact Zing at legal@zing.app.
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## 7. Intellectual Property
Zing retains all intellectual property rights in the platform, including the AI voice agent, software, and branding. Merchants retain ownership of their menu data and business information.
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## 8. Data and Privacy
Your use of Zing is also governed by our [Privacy Policy](/legal/privacy). Key points:
- Customer phone numbers are stored to enable repeat recognition and personalization.
- Order history is retained to power the Intelligence Engine (personalized recommendations).
- You may request deletion of your data by contacting the Merchant or Zing directly.
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## 9. Prohibited Uses
You may not:
- Use Zing to place fraudulent orders
- Attempt to reverse-engineer the AI voice agent or platform
- Harass or abuse Zing or Merchant staff via the phone agent
- Use the platform for any unlawful purpose
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## 10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. ZING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI AGENT RESPONSES WILL BE ACCURATE.
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## 11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZING'S LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID TO ZING IN THE 12 MONTHS PRECEDING THE CLAIM.
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## 12. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
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## 13. Changes to These Terms
Zing may modify these Terms at any time. We will notify Merchants via email at least 30 days before material changes take effect. Your continued use of the Service constitutes acceptance of updated Terms.
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## 14. Contact
**Zing Technologies, Inc.**
Email: legal@zing.app
Mailing: [Business Address to be updated at launch]
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*These Terms were prepared by Zing. They should be reviewed by qualified legal counsel before production launch. See PA-01 (AI disclosure rules) and PA-03 (SMS compliance) in the open items register.*