Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") are a legally binding agreement between you and PopupReach Inc. ("Lungisa," "we," "us," or "our") governing your access to and use of the Lungisa platform, including all related software, services, features, and content.

By creating an account or otherwise accessing or using Lungisa, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the service.

If you are using Lungisa on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Description of the service

Lungisa is an AI-powered back-office platform that helps small service businesses manage administrative operations. The service includes:

• An AI agent that drafts messages, payment reminders, follow-ups, and customer communications for your review and approval before anything is sent
• A voice agent that answers inbound calls to your business phone number, books appointments, takes messages, and transfers callers when needed
• Invoice tracking and automated payment follow-up workflows
• Customer record management and interaction logging
• Integration with third-party accounting, CRM, and field service platforms
• A browser extension for syncing data from web-based software you already use
• Reporting, insights, and business summaries generated from your data

Lungisa acts at your direction. When you configure automation, approve a draft, or enable a feature, you are instructing the service to act on your behalf. You remain responsible for all actions taken through your account.

We may modify, add, or remove features from time to time. Where a change materially reduces the service, we will provide reasonable advance notice.

3. Account registration and eligibility

• You must provide accurate, complete, and current information when creating your account and keep it updated
• You must be at least 18 years old and legally capable of entering into a binding contract
• Lungisa is intended for business use. You must be using the service for your own legitimate business operations.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account
• Notify us immediately at info@popupreach.com if you suspect unauthorized access to your account
• You may not share account credentials, create accounts for others without their consent, or use the service to impersonate any person or business

4. Acceptable use

You agree to use Lungisa only for lawful purposes and in accordance with these Terms. You must not use the service to:

• Send unsolicited commercial messages or spam in violation of Canada's Anti-Spam Legislation (CASL), the CAN-SPAM Act, or any other applicable law
• Contact individuals without the consent required by applicable law
• Violate any local, provincial, national, or international law or regulation
• Collect or process personal data from individuals without their knowledge or appropriate legal basis
• Transmit content that is unlawful, defamatory, fraudulent, threatening, harassing, or that infringes the rights of others
• Attempt to gain unauthorized access to any part of the service, our systems, or the accounts of other users
• Reverse engineer, decompile, or attempt to extract the source code of the service
• Use the service to develop a competing product or to benchmark it publicly without our permission
• Introduce malware, viruses, or any malicious code into the service
• Overload the service through excessive automated requests
• Misrepresent your identity, authority, or the nature of your business

We reserve the right to investigate suspected violations and to suspend or terminate accounts that breach these terms, with or without prior notice depending on the severity.

5. AI-generated content and your responsibility

Lungisa uses artificial intelligence to generate drafts, summaries, responses, and recommendations. You understand and agree that:

• AI-generated content is probabilistic in nature and may contain errors, inaccuracies, or omissions. It is not a substitute for professional legal, financial, medical, or other expert advice.
• You are responsible for reviewing all AI-generated content before it is sent or acted upon
• Lungisa requires your explicit approval before sending most communications on your behalf. For automated workflows you enable, you accept responsibility for those actions.
• We are not liable for decisions you make based on AI-generated output, or for consequences of AI errors that you approve and act upon
• The voice agent may not always correctly interpret caller intent or provide complete information. You are responsible for ensuring customers can reach a human when needed.
• AI responses may reflect limitations in the information available to the agent at the time of the interaction. Keeping your knowledge base and business settings current improves accuracy.

6. Voice and telecommunications compliance

When you use the Lungisa voice agent and messaging features, you are responsible for complying with all applicable telecommunications laws and regulations, including:

• Canada's Anti-Spam Legislation (CASL) — you must have express or implied consent before sending commercial electronic messages. Implied consent from an existing business relationship is valid for up to two years from the last transaction. Penalties under CASL can reach $10 million CAD per violation.
• Canada's Telecommunications Act and CRTC rules — you must comply with regulations governing automated and unsolicited calls to Canadian consumers
• National Do Not Call List (DNCL) — you must not place telemarketing calls to numbers registered on the National DNCL unless a specific exemption applies to your relationship with that customer
• AI and call disclosure obligations — in jurisdictions where required, you must inform callers that they may be interacting with an AI system or that calls may be recorded
• Any other telecommunications, consumer protection, or privacy laws applicable in your jurisdiction or the jurisdictions of your customers

By enabling voice and messaging features, you represent that you hold the required consents for the individuals you contact through the service. Lungisa provides the tools; compliance with applicable law is your responsibility.

7. Your data and content

You own your data. By using Lungisa, you grant us a limited, non-exclusive license to store, process, and use your data solely to provide and operate the service for your account, as described in our Privacy Policy.

• You are responsible for ensuring you have the legal right to share any data you bring into Lungisa, including customer contact information and business records
• You are responsible for the accuracy of data you enter or sync into the service
• You must not upload or sync data you do not have the right to use or share
• We do not claim ownership of your customer data, business information, or any content you create or bring into the service
• You may export or request a copy of your data at any time by contacting info@popupreach.com

8. Third-party integrations

Lungisa connects to third-party platforms at your direction. Your use of those platforms is governed by their own terms of service and privacy policies, which you are responsible for reviewing and complying with.

• We are not responsible for the availability, accuracy, security, or conduct of third-party services
• If a third-party service changes its terms or systems in a way that affects our integration, we will work to restore functionality but cannot guarantee timelines
• You authorize us to access your connected accounts only to the extent necessary to provide the features you have enabled
• You may disconnect any integration at any time through your settings

9. Intellectual property

Lungisa and all of its underlying components — including the software, AI systems, design, interface, branding, and documentation — are owned by PopupReach Inc. and protected by applicable intellectual property laws.

• You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the service without our prior written permission
• You may not remove or obscure any proprietary notices or branding within the service
• These Terms do not grant you any ownership interest in Lungisa's intellectual property
• If you provide feedback, suggestions, or ideas about the service, you grant us a royalty-free, perpetual license to use that feedback without obligation to you

"Lungisa" and the Lungisa logo are trademarks of PopupReach Inc. You may not use them without our prior written permission.

10. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

We will treat your business data, customer data, and account information as confidential and will not disclose it except as described in our Privacy Policy or as required by law.

11. Service availability

We aim to provide a reliable and available service but do not guarantee uninterrupted access. The service may be unavailable due to scheduled maintenance, infrastructure issues, or events outside our control.

• We will provide reasonable advance notice of scheduled maintenance where possible
• We are not responsible for any loss or inconvenience caused by service unavailability
• The voice agent depends on telecommunications networks and carriers outside our control. We cannot guarantee call quality or availability under all conditions.
• AI response times may vary depending on system load and external provider availability

12. Disclaimer of warranties

To the fullest extent permitted by applicable law, Lungisa is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.

We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free, uninterrupted, or free from security vulnerabilities. We do not warrant that AI-generated content will be accurate, complete, or suitable for any specific purpose.

Some jurisdictions do not permit exclusion of implied warranties. In such jurisdictions, our warranties are limited to the minimum extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by applicable law, PopupReach Inc. and its directors, employees, agents, and contractors shall not be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from AI-generated errors that you reviewed, approved, and acted upon
• Damages resulting from unauthorized access to your account despite our reasonable security measures
• Damages resulting from third-party service failures, changes, or unavailability
• Damages resulting from your failure to comply with applicable law when using the service
• Damages resulting from a force majeure event outside our reasonable control

Our total aggregate liability to you for any and all claims arising from or relating to these Terms or your use of the service shall not exceed the greater of (a) the total amount you paid us in the three calendar months immediately preceding the claim, or (b) CAD $100.

These limitations apply even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain liability limitations, in which case our liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless PopupReach Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with:

• Your use of the service in violation of these Terms
• Your violation of any applicable law or regulation, including CASL or telecommunications laws
• Your data or content, including any claim that it infringes the rights of a third party
• Your failure to obtain required consents before contacting individuals through the service
• Any dispute between you and your customers arising from Lungisa's actions taken at your direction

15. Term and termination

These Terms remain in effect for as long as you maintain an account with Lungisa.

• Termination by you: You may cancel your account at any time by contacting us at info@popupreach.com or using the account deletion option in your settings.
• Termination by us: We may suspend or terminate your account immediately if you violate these Terms materially, if your account is used fraudulently or for illegal purposes, or if we are required to do so by law. For less serious breaches, we will provide notice and an opportunity to remedy the issue before terminating.
• Effect of termination: Upon termination, your access to the service ends immediately. We will delete your data within 30 days in accordance with our Privacy Policy. Provisions that by their nature should survive termination will do so, including intellectual property, limitation of liability, indemnification, and governing law.

16. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 14 days before the changes take effect and update the effective date at the top of this document.

Your continued use of Lungisa after changes take effect constitutes your acceptance. If you do not agree, you may cancel your account before the changes take effect. We will not apply material changes retroactively.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes informally by contacting us at info@popupreach.com. We will respond within 14 days and make a good-faith effort to resolve the matter.

Any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Winnipeg, Manitoba, Canada, unless otherwise required by mandatory consumer protection law in your jurisdiction.

18. General provisions

• Entire agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Lungisa regarding the service and supersede all prior agreements and understandings on the same subject
• Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions continue in full effect.
• No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.
• Force majeure: Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including natural disasters, war, cyberattacks on critical infrastructure, or government actions
• Language: These Terms are written in English. Any translation is for convenience only. The English version controls in the event of any conflict.

19. Contact us

For questions about these Terms, contact us: