These terms are an agreement between Tsiana Inc. (Ontario, Canada), "we", and the business that uses PatchPoint, "you". By creating a workspace or using the service, you accept them on behalf of your business, and you confirm you have the authority to do so.
Our Privacy Policy (/privacy) explains how we handle personal information and is part of these terms.
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1. The service
PatchPoint gives your team a shared inbox for WhatsApp and text messages, an AI assistant that can answer your customers, phone numbers, PatchPoint Booking (a diary, staff rosters, timecards and leave) when your plan includes it, and the tools around them. We may improve, change or retire features over time. If we remove a feature you pay for, we will tell you first.
Parts of the service depend on others: WhatsApp on Meta, phone numbers, text messages and calls on our telephony providers, AI replies on our AI providers. Their availability and decisions are outside our control.
Calls made with PatchPoint cannot reach emergency services (911 or any other emergency number). Keep another phone for emergencies.
2. Accounts and your team
Give accurate information and keep it up to date. A workspace goes live once an owner verifies their email.
Keep passwords and two-step codes private. You are responsible for what happens under your workspace, including what your team members do.
Owners and admins decide who joins the workspace and what role they have. Tell us promptly if you believe an account was misused.
The service is for businesses. You must be at least 18 to create a workspace.
If you use PatchPoint Booking, you are responsible for having the right to record your staff's details, hours and leave, and what your team writes about clients.
3. Messaging your customers
You are responsible for the messages sent from your workspace, by your team or by your assistant. In particular, you must:
Have your customers' permission to message them, by WhatsApp, text or email, and stop when they ask. Text replies of STOP are honoured automatically, and a customer's booking emails and texts can be switched off in their chat.
Follow the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and the Meta terms that apply to your WhatsApp account.
Follow the laws and carrier rules for the places you message, such as Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), and toll-free or 10DLC registration for US numbers.
Not send spam, bulk unsolicited messages, or content that is unlawful, deceptive, harassing, hateful or that infringes the rights of others.
When you switch call recording on, callers hear that the call may be recorded. Where the law asks for more, such as consent, getting it is up to you, and so is keeping recordings no longer than you need them.
Meta or a carrier may restrict or block a number that breaks their rules. We cannot reverse their decisions.
4. Acceptable use
You must not:
Use the service for anything illegal, or to collect information about people without a lawful basis.
Send sensitive information, such as payment card numbers or health records, through the service unless the law allows it and you have the right to.
Try to reach other workspaces' data, probe or overload our systems, or get around limits, plans or security measures.
Create more than one free trial for the same business.
Resell the service, or copy or reverse engineer it, except where the law allows.
5. The AI assistant
The assistant writes replies with AI models. They can be wrong or incomplete. You choose whether it is on, and you control its instructions and knowledge base. You are responsible for what it tells your customers, as you would be for a team member.
Do not rely on it for medical, legal, financial or emergency advice. It hands a conversation to your team when it cannot help or when a customer asks for a person; make sure someone is there to answer.
6. Your content
You own the messages, contacts, knowledge base, documents you attach and other content in your workspace. You give us permission to host, process and transmit it only as needed to provide and support the service. You confirm you have the right to use that content, including any consent a document you attach needs, and to share your customers' information with us for this purpose.
We act as your service provider for your customers' personal information, and we handle it as our Privacy Policy describes.
7. Plans, trials and payment
A new business gets one free trial, for the period shown at signup. We may limit or end a trial where we find it repeats an earlier one.
Paid plans are billed in advance, monthly or yearly, and renew automatically until cancelled. A cancellation takes effect at the end of the period you paid for.
Subscribing during a trial ends it, and the first period is charged at once. When you move to a dearer plan or add to it, the difference for the rest of the period is charged at once; a cheaper choice is credited on your next invoice.
Prices are shown in the app before you pay. If we change the price of your plan, we tell you before it applies, and the new price starts at your next renewal.
If we end your subscription early at your request, we refund the unused part of the period you paid for, less one month for each phone number included in your plan and any prepaid balance you owe.
AI conversation packs you have not used at all are refunded at your request, whether or not your subscription ends. A pack partly used is not refunded.
Otherwise fees are not refundable, except where the law requires.
Prices exclude sales taxes. We charge GST/HST, and provincial sales taxes where we are registered, according to the billing address you give us; keep it current. Businesses outside Canada are not charged Canadian tax.
Payments are processed by our payment processor. If a payment fails, we may limit the service, such as stopping the assistant, until it is paid. Your data is not deleted for a missed payment.
8. Prepaid balance and phone numbers
Your plan includes a number of outgoing texts each month, counted per 160 characters. Unused texts do not carry over.
Texts beyond that, incoming texts where charged, and extra phone numbers are paid from a prepaid balance at the rates shown in the app. When the balance runs out, outgoing texts past your plan stop; incoming messages are still received.
What your balance pays for each month is invoiced after the month ends, and the sales tax on it is taken from your balance at that time.
If you switch on automatic top-up, we charge your saved card the amount you choose whenever the balance falls below your threshold, until you switch it off.
If we end your subscription early at your request, we refund the prepaid balance you paid for and have not spent. Free credit, messages and calls already used, and phone number fees are not refunded.
Otherwise a balance is not refundable or transferable, except where the law requires.
Phone numbers come from our telephony providers. You may use a number while your workspace pays for it; you do not own it. If a number's monthly fee cannot be paid, we warn you, and it is released after a short grace period, at most 7 days. A released number may not be recoverable.
US numbers may need carrier verification before they can send texts. Approval is decided by the carriers.
Your plan may include call minutes each month, in and out, counted per started minute from when a call is answered, time on hold included. Minutes beyond that, and call recording and transcription, are paid from your balance.
9. Third-party services
When you connect WhatsApp, a calendar, an AI key or another service, that provider's terms also apply to your use of it. We are not responsible for third-party services or for changes they make that affect ours.
10. Suspension and ending the service
You may stop using the service at any time and cancel your plan in Settings, Billing. To have your workspace deleted, write to us (see /data-deletion).
We may suspend or close a workspace that breaks these terms, does not pay, puts the service or other people at risk, or where the law requires it. Where we reasonably can, we tell you first and give you a chance to fix the problem.
After a workspace is closed, its data is deleted as our Privacy Policy describes. Sections that by their nature should continue, such as payment owed, liability and governing law, survive.
11. Our service and feedback
We own PatchPoint, its software and its brand. These terms give you the right to use the service while your workspace is active, and nothing more. If you send us ideas or feedback, we may use them without owing you anything.
12. Disclaimer
We work hard to keep the service available and correct, but we provide it "as is" and "as available". To the extent the law allows, we make no other promises, including that it will be uninterrupted or error free, or fit a particular purpose.
13. Limitation of liability
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claims about the service is limited to the amount you paid us in the 12 months before the claim arose.
These limits do not apply where the law does not allow them to.
14. Indemnity
You will defend and compensate us against claims from others arising from your content, your messages, or your breach of these terms or the law, including messaging rules.
15. Changes to these terms
We may update these terms. We post the new version here with a new date and, for significant changes, tell workspace owners by email or in the app before they take effect. If you keep using the service after that, the new terms apply.
16. Governing law
These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction, unless the law where you are gives you a right to go to court there.
17. General
These terms and the Privacy Policy are the whole agreement between us about the service. If a part is found unenforceable, the rest still applies. Not enforcing a part is not a waiver. You may not transfer this agreement without our consent; we may transfer it to a company that takes over the service.
These terms are available in English and French. Both versions have equal force. Choose the language in the footer or under Account.
18. Contact us
Tsiana Inc., Ontario, Canada. Questions about these terms: [email protected].