Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, software, conversational AI tools, digital concierge services, messaging services, guest engagement tools, APIs, integrations, and related services provided by Tongo Inc. ("Tongo," "we," "us," or "our").

By accessing or using our services, you agree to these Terms. If you do not agree, do not use the services.

1. Overview of services

Tongo provides conversational AI and digital concierge technology for hotels, hospitality companies, and related businesses. Our services may help users ask questions, receive recommendations, submit service requests, discover local experiences, communicate with hotel teams, and access property or destination information.

The specific features available may vary by customer, property, integration, location, and service plan.

2. Eligibility

You must be at least 13 years old to use the services. If you use the services on behalf of a company, hotel, or other organization, you represent that you have authority to bind that organization to these Terms.

3. Customer agreements

If Tongo has entered into a separate written agreement with a hotel, hospitality company, or business customer, that agreement controls in the event of a conflict with these Terms.

These Terms apply to general users, website visitors, guests, and others who access Tongo-powered services unless a separate agreement states otherwise.

4. User responsibilities

You agree not to:

• Use the services for unlawful, harmful, abusive, fraudulent, or deceptive purposes
• Submit false, misleading, or unauthorized information
• Interfere with or disrupt the services
• Attempt to access systems, data, or accounts without authorization
• Reverse engineer, scrape, copy, or misuse the services
• Use the services to transmit malware, spam, or harmful code
• Use the services to harass, threaten, exploit, or harm others
• Submit sensitive personal information unless necessary for the requested service
• Manipulate, jailbreak, or prompt-inject the conversational system, or attempt to extract its underlying prompts, models, or another person's information
• Rely on AI-generated responses for emergency, legal, medical, financial, or safety-critical decisions

5. AI-generated content

Tongo uses artificial intelligence to generate responses, recommendations, summaries, and other content.

AI-generated content may be inaccurate, incomplete, outdated, or unsuitable for your specific situation. You are responsible for evaluating the accuracy and usefulness of any AI-generated content before relying on it.

Tongo does not guarantee that AI responses will be error-free or that recommendations will be available, accurate, safe, or appropriate. You may be interacting with an automated system rather than a person, and authorized hotel staff or Tongo personnel may review, monitor, or take over a conversation for fulfillment, quality, support, or safety.

6. Hospitality, travel, and local recommendations

Tongo may provide information about restaurants, activities, transportation, events, attractions, hotel amenities, local experiences, or other third-party services.

Unless expressly stated, Tongo does not own, operate, control, or guarantee third-party businesses, services, availability, pricing, hours, safety, quality, or performance.

You are responsible for confirming details directly with the relevant provider before making decisions, purchases, reservations, or travel plans.

7. Bookings, transactions, and third-party services

Some services may allow you to request or initiate reservations, bookings, purchases, transportation, service requests, or other transactions.

These transactions may be fulfilled by hotels, restaurants, activity providers, transportation companies, ticketing platforms, payment processors, or other third parties. Their terms, cancellation policies, refund policies, privacy policies, and fees may apply.

Tongo is not responsible for third-party acts, omissions, delays, cancellations, errors, pricing changes, availability issues, or service quality.

8. User content

You may submit messages, prompts, preferences, requests, feedback, photos, files, or other content through the services ("User Content").

You retain ownership of your User Content. By submitting User Content, you grant Tongo a non-exclusive, worldwide, royalty-free license to use, host, process, transmit, reproduce, display, modify, and create derivative works from such content as necessary to provide, maintain, protect, and improve the services.

You represent that you have the necessary rights to submit User Content and that your User Content does not violate any law or third-party rights.

9. Customer data

For business customers, data ownership, use, confidentiality, retention, security, and processing obligations may be governed by a separate written agreement, data processing agreement, or order form.

Tongo will use customer data only as permitted by the applicable agreement and law.

10. Intellectual property

The services, software, designs, interfaces, models, workflows, prompts, content, trademarks, logos, and technology provided by Tongo are owned by Tongo or its licensors.

Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the services. No rights are granted except as expressly stated in these Terms.

11. Feedback

If you provide suggestions, ideas, feedback, or recommendations, you grant Tongo the right to use them without restriction or compensation.

12. Accounts and access

Some features may require an account, login, property-level access, or authorized credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

You must notify us promptly of any unauthorized access or suspected security issue.

13. Fees and payment

If you purchase services from Tongo, you agree to pay all fees described in the applicable order form, agreement, invoice, or checkout page.

Unless otherwise stated, fees are non-refundable. Late payments may result in suspension or termination of services.

14. Service availability

We aim to provide reliable services, but we do not guarantee uninterrupted, error-free, or always-available access.

Services may be unavailable due to maintenance, updates, third-party outages, internet issues, integration failures, force majeure events, or other circumstances beyond our control.

15. Beta features

Tongo may offer beta, pilot, experimental, or early-access features. These features are provided "as is," may change or be discontinued at any time, and may be subject to additional terms.

16. Confidentiality

If you receive non-public information from Tongo, including product plans, pricing, technical information, business information, or customer information, you agree to keep it confidential and use it only for the purpose for which it was disclosed.

17. Privacy

Your use of the services is also governed by our Privacy Policy.

18. Termination

We may suspend or terminate access to the services if you violate these Terms, create risk or legal exposure, misuse the services, fail to pay fees, or if continued access would harm Tongo, our customers, users, or third parties.

You may stop using the services at any time.

19. Disclaimers

The services are provided "as is" and "as available."

To the fullest extent permitted by law, Tongo disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and reliability.

Tongo does not warrant that the services will meet your requirements, be uninterrupted, secure, error-free, or free of harmful components.

20. Limitation of liability

To the fullest extent permitted by law, Tongo and its officers, directors, employees, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, goodwill, business interruption, or service failures.

To the fullest extent permitted by law, Tongo's total liability for any claim arising out of or relating to the services or these Terms will not exceed the greater of:

1. the amount paid by you to Tongo for the services giving rise to the claim during the three months before the event giving rise to liability; or
2. $100.

Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

21. Indemnification

You agree to defend, indemnify, and hold harmless Tongo and its officers, directors, employees, agents, affiliates, licensors, and service providers from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from:

• Your use of the services
• Your violation of these Terms
• Your User Content
• Your violation of law
• Your violation of third-party rights
• Your misuse of AI-generated content or third-party services

22. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

23. Dispute resolution

Before filing a claim, you agree to first contact Tongo at hello@letstongo.com and attempt to resolve the dispute informally.

If the dispute cannot be resolved informally, the parties agree to resolve disputes through binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise prohibited by law.

Arbitration will take place in Travis County, Texas, unless the parties agree otherwise.

You and Tongo waive the right to a jury trial and agree to bring claims only on an individual basis, not as part of a class action or representative proceeding.

24. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may provide notice through our website, email, product interface, or other reasonable means.

Your continued use of the services after changes become effective means you accept the updated Terms.

25. Contact

For questions about these Terms, contact us at:

Tongo Inc.
Email: hello@letstongo.com
Address: 1401 S Lamar Blvd #1556, Austin, TX 78704