PromoHubAI Terms of Service

These Terms of Service (the "Terms") govern your access to and use of PromoHubAI, a product of IdThrivo Technology Sdn Bhd (1210868-T)("PromoHubAI," "we," "us," or "our"), including our websites, web applications, WhatsApp integrations, and any related tools, APIs, or services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility & Account Responsibility

• You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services.
• If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information and to keep it updated (including contact and billing details).
• You must notify us promptly if you suspect any unauthorised access or misuse of your account.

2. Description of the Services

PromoHubAI provides a cloud-based, AI-assisted promotion and engagement platform, which may include:

• Promo microsite and landing page generation.
• WhatsApp and other messaging channel integrations.
• AI-powered chatbots, auto-replies, and conversation workflows.
• Campaigns, broadcasts, and marketing automation tools.
• Lead capture, basic CRM and tagging features.
• Analytics, reports, and insights about engagement and traffic.
• APIs, webhooks, and integrations with third-party platforms.

We may enhance, modify, or discontinue any feature or component of the Services at our discretion. Where changes materially affect your use of the Services, we will endeavour to provide reasonable notice.

3. Account Registration & Access

• Some features require registration. When you register, you must select credentials (such as email and password) or use supported single sign-on methods.
• You are responsible for any users you invite or provision within your organisation’s account and for setting appropriate roles and permissions.
• We may suspend or restrict access if we reasonably suspect a breach of these Terms, unauthorised use, security risk, or non-payment.

4. Plans, Fees & Billing

Access to certain features may require a paid subscription or usage-based pricing. Specific plan details, quotas, and pricing are set out on our website or in an applicable order form (collectively, the "Subscription").

• Billing Cycle: Unless stated otherwise, subscriptions are billed in advance on a monthly or yearly basis and renew automatically.
• Authorisation: By providing a payment method, you authorise us (and our payment processor) to charge applicable fees, taxes, and any overage amounts.
• Taxes: You are responsible for all applicable taxes, levies, or duties imposed by authorities, excluding our income taxes.
• Price Changes: We may adjust our fees or plan structure. For active subscriptions, material price changes will take effect at the next renewal, with prior notice where practicable.
• Non-Payment: If payment fails or is not received, we may suspend or downgrade your access until outstanding amounts are settled.
• Refunds: Unless we explicitly state otherwise in writing, fees already paid are non-refundable.

5. Acceptable Use & Customer Responsibilities

You agree to use the Services in a responsible and lawful manner. You must not:

• Use the Services in violation of any applicable law or regulation.
• Send spam, bulk unsolicited messages, or communications without the required consent.
• Use the Services to promote or distribute illegal, harmful, or abusive content.
• Harass, threaten, or harm individuals or groups, or incite violence or discrimination.
• Misrepresent your identity, impersonate others, or mislead recipients about the origin of communications.
• Attempt to probe, scan, or test the vulnerability of any system or network related to the Services, or bypass security or authentication measures.
• Reverse engineer, decompile, or attempt to derive source code from the Services, except where permitted by law.
• Interfere with the normal operation of the Services (for example, by introducing malware, running abusive scripts, or overloading our infrastructure).

You are solely responsible for: (i) the content you send or publish using the Services; (ii) obtaining necessary consents from your contacts and end users; and (iii) configuring your campaigns, chatbots, and data retention in a way that complies with all applicable laws and industry rules.

6. Third-Party Platforms & WhatsApp Usage

PromoHubAI connects with third-party services and messaging channels (collectively, "Third-Party Platforms"), such as WhatsApp, Meta products, email providers, CRMs, or e-commerce platforms.

• Your use of Third-Party Platforms is governed by their own terms and privacy policies. You are responsible for reviewing and complying with those terms.
• For WhatsApp and other Meta services, you must comply with their current terms, policies, and rate limits (including any business, commerce, or messaging rules).
• We do not control Third-Party Platforms and are not liable for their availability, performance, or actions.
• Changes made by Third-Party Platforms (for example, pricing, policies, approvals, or API behaviour) may impact how the Services function. We are not responsible for such external changes.

7. Data, Privacy & Customer Content

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

• You retain ownership of the content, data, and information that you or your end users submit to or through the Services ("Customer Content").
• You grant us a limited, non-exclusive, worldwide licence to host, store, process, transmit, display, and otherwise use Customer Content solely to operate, maintain, secure, and improve the Services and to comply with legal obligations.
• You represent and warrant that you have all rights and permissions to upload, store, and process Customer Content (including end-user data) through the Services.
• If you are subject to specific regulatory or sectoral rules (e.g., financial, medical, or government sector), you are responsible for verifying that the use of PromoHubAI is appropriate for your compliance obligations.

8. AI-Generated Content & Recommendations

Some features of PromoHubAI use machine learning and large language models to generate or suggest text, replies, campaign content, or insights.

• AI outputs are generated based on patterns and inputs and may sometimes be incomplete, inaccurate, or not suitable for your specific context.
• You are responsible for reviewing and approving AI-generated content before sending, publishing, or relying on it.
• We do not guarantee any particular outcome, performance, or conversion rate from AI-generated suggestions.

9. Intellectual Property

The Services, including their design, software, code, user interfaces, logos, and all related intellectual property rights, are owned by IdThrivo Technology Sdn Bhd or its licensors.

• You are granted a limited, revocable, non-exclusive, non-transferable licence to use the Services during your subscription, solely in accordance with these Terms.
• You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services, except as expressly permitted by us in writing.
• Feedback, suggestions, or ideas you share with us may be used to improve the Services without obligation to you. You grant us a perpetual, royalty-free licence to use such feedback.

10. Beta Features & Early Access

From time to time, we may offer features labelled as "beta," "preview," "early access," or similar.

• Such features may be offered for evaluation purposes, may change without notice, and may be withdrawn at any time.
• Beta features are provided "as is" without any warranties and may not be covered by standard support or SLAs.

11. Disclaimers

To the fullest extent permitted by law, the Services are provided on an "as is" and "as available" basis.

• We do not make any guarantees regarding uptime, performance, or error-free operation, although we aim to provide a reliable service.
• We disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee specific marketing, sales, or business outcomes arising from your use of the Services.

12. Limitation of Liability

To the maximum extent permitted by law, neither PromoHubAI nor its directors, employees, or partners shall be liable for:

• Any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• Any loss or damage resulting from your use of, or inability to use, the Services, or from unauthorised access to your account which is not solely due to our fault.

In all cases, our aggregate liability for claims arising out of or related to the Services or these Terms shall not exceed the total amount of fees you paid to us for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless IdThrivo Technology Sdn Bhd and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services in violation of these Terms or applicable law.
• Customer Content or communications you send using the Services, including any allegation that such content infringes or violates the rights of a third party.
• Your misuse of WhatsApp or other Third-Party Platforms connected to the Services.

14. Suspension & Termination

• You may terminate your subscription or close your account at any time via the account settings or by contacting us.
• We may suspend or terminate your access if: (i) you materially breach these Terms; (ii) you fail to pay fees when due; (iii) we are required to do so by law; or (iv) your use poses a security, legal, or reputational risk.
• Upon termination, your right to use the Services ceases. Certain provisions that by their nature should survive (such as intellectual property, limitations of liability, and indemnification) will continue to apply.
• We may retain limited information as required by law or for legitimate business purposes (for example, accounting records), in line with our Privacy Policy.

15. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any conflict of law principles.

You agree that the courts of Kuala Lumpur, Malaysia shall have exclusive jurisdiction over any legal proceedings arising out of or relating to these Terms or the Services, unless a different forum is required by mandatory law.

16. Changes to These Terms

We may revise these Terms from time to time, for example to reflect changes in our Services, our business, or applicable laws.

• When we make material updates, we will update the "Last updated" date at the top of this page and may provide additional notice (for example, in-app or by email).
• Continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services and may close your account.

17. Miscellaneous

• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Our failure to enforce any right or provision under these Terms shall not be deemed a waiver of such right or provision.
• You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets, or by operation of law.