LeadFlow Terms of Service

• Service — LeadFlow, including the web app at app.leadflow.techdevx.com, its AI features, APIs, widgets and related support.
• AI Employees — the Service's AI features, such as the WhatsApp reply agent, follow-up drafts, blog articles, social posters and website audits.
• Customer Data — all data you or your users put into the Service, or that the Service receives for you (for example, WhatsApp messages from your leads), including personal data about your contacts.
• Contacts — your leads, customers and other people whose data is in Customer Data.
• Users — people you allow to use your account (for example, your staff).
• Order — the plan, prices and any extras you choose at sign-up, in the app, on an invoice or in a signed order form.

LeadFlow is a customer relationship management (CRM) tool for businesses. It includes a lead pipeline and AI Employees that can:

• reply to your WhatsApp leads 24/7 using the WhatsApp Business Platform (Meta Cloud API);
• draft follow-ups;
• write blog articles;
• make social media posters;
• audit websites.

Your Users can take over any WhatsApp chat from the AI at any time. The Service logs every AI action so you can review it.

We may improve, change or remove features over time. If we remove a major feature you pay for, we will tell you in advance and you may cancel under section 9.

• You must give accurate sign-up and billing details and keep them up to date.
• You choose your Users and their roles (Admin, Agent or Viewer). You are responsible for what your Users do in your account.
• Keep passwords and API keys secret. Tell us at once at [email protected] if you think your account has been misused.
• Users must be at least 18 years old.

You are the data controller (called "data user" under the Personal Data Protection Act 2010) for Customer Data. This means you are responsible for:

1. Lawful basis and consent. Having the notice, consent and any other legal basis you need to collect your Contacts' data, put it into the Service, and contact them — including by WhatsApp and by AI.
2. Telling your Contacts about AI. Telling your Contacts, in your own privacy notice, that you use AI and service providers outside Malaysia (see section 11) to answer and manage their messages. We recommend that your first AI reply tells Contacts they are talking to an AI assistant.
3. Meta and WhatsApp rules. Following the WhatsApp Business Messaging Policy, WhatsApp Business Terms, Meta Commerce Policy and any Meta platform terms that apply to your WhatsApp, Facebook or Instagram accounts. This includes getting opt-in before you message people, using approved templates outside the 24-hour customer service window, and honouring opt-out requests at once.
4. No spam. Not sending unsolicited bulk messages, and not messaging people who have asked you to stop.
5. Your content. Making sure your playbooks, instructions, brand kit, uploads and published content are lawful, accurate and do not infringe anyone's rights.
6. Requests from Contacts. Handling your Contacts' requests (access, correction, withdrawal of consent and so on). We will help as described in section 11.

If Meta restricts or bans your WhatsApp or other Meta account because of how you use it, that is between you and Meta. It does not reduce your fees or give you a refund, unless the restriction was caused by our breach of these Terms.

AI Employees use third-party AI models. AI can be wrong.

• AI output may be inaccurate, incomplete, out of date or unsuitable. It may misread a message or state a price, policy or fact that is not true.
• You are responsible for reviewing AI output and for what is sent or published in your name. Set your playbooks, limits and approval settings to match the risk you are comfortable with.
• AI output is not professional advice (legal, financial, medical, tax or other).
• Your Users can take over any chat at any time. When your monthly AI reply allowance runs out, the AI stops replying and hands the chat to a human (see section 8).
• We do not promise that any AI output is unique. Similar output may be produced for others.
• Do not use AI Employees to make decisions that have legal or similarly significant effects on a person (for example, refusing credit, housing or employment) without human review.
• As between us, you own the AI output generated for you, to the extent the law allows. You are responsible for checking it does not infringe others' rights before you publish it.

You must not, and must not let anyone else:

• break any law, including the Personal Data Protection Act 2010 and the Communications and Multimedia Act 1998;
• send spam, scams, phishing, or misleading or deceptive messages;
• impersonate anyone or hide that you are the sender;
• send content that is unlawful, hateful, harassing, sexually explicit, or that exploits children;
• collect or process sensitive personal data (such as health, religious or political data) or data about children through the Service, unless you have a lawful basis and we have agreed in writing;
• try to get around usage limits, security or the separation between customer accounts;
• probe, scan or test the Service's security without our written permission;
• reverse engineer, copy or resell the Service, except as the law allows or we agree in writing;
• use the Service to build a competing product;
• overload the Service, or use bots or scripts other than our published APIs;
• upload malware.

We may remove content or block messages that break this section.

Prices. Prices are in Malaysian Ringgit (MYR) and are shown on our pricing page or your Order. TechDevX is not registered for Sales and Service Tax (SST), so no SST is charged. If we register, we will tell you before SST applies.

Billing cycle. You can pay monthly or annually. Annual plans are discounted by 20% against twelve monthly payments. Payments are processed by Stripe. By giving payment details, you authorise us (through Stripe) to charge them for all fees due.

Free trial. A new account starts with a 14-day free trial. No payment details are needed for the trial. When the trial ends, AI Employees stop replying until you choose a paid plan; your data stays. If you pay for a plan during the trial, your paid plan starts on the day you pay and the rest of the trial ends.

Optional done-for-you setup. You can set up the Service yourself at no charge. If you ask us to set it up for you, a one-time setup fee of RM1,500 applies, agreed with you before we start. Founding customers (the first 10 customers we accept as founding customers) pay RM750. The setup fee is non-refundable, except under the Founding Customer Guarantee in section 9.

Automatic renewal. Your plan renews automatically at the end of each billing period for the same period, unless you cancel before the renewal date. We charge the then-current fee at each renewal.

Price changes. We may change prices. We will give you at least 30 days' notice before a new price applies to you. The new price applies from your next renewal. If you do not agree, cancel before that renewal.

Late payment. If a payment fails, we will tell you and retry. If it is still unpaid 14 days after the due date, we may suspend your account until it is paid (see section 14).

Taxes. You pay any taxes that apply to your purchase, other than taxes on our income.

• Each plan includes a monthly AI reply allowance. Unused allowance does not carry over to the next month.
• When your allowance is used up, AI Employees stop replying and hand chats to your human Users. Messages still arrive in your inbox.
• You can buy prepaid AI top-up credits. Top-up credits carry over from month to month within those 12 months. Top-up credits expire 12 months after purchase. Expired credits are not refunded.
• Top-up credits have no cash value. They are non-refundable and cannot be transferred, except where the law requires or under section 9.

Cancelling. You can cancel at any time in the app or by emailing [email protected]. Cancellation takes effect at the end of your current billing period. You keep access until then.

No refunds in general. Fees already paid are not refundable, including for partly used periods, unused allowance or unused credits, except:

• under the Founding Customer Guarantee below;
• where we end these Terms for convenience under section 14 (you get a pro-rata refund of prepaid fees for the unused period); or
• where the law requires a refund.

Founding Customer Guarantee. If you are one of our first 10 founding customers and you are not satisfied, you can ask for a full refund of:

• your first subscription payment; and
• your setup fee, if you bought done-for-you setup,

by emailing [email protected] within 14 days of your first payment. We will refund to your original payment method within 14 days of your request. Your account then closes. The guarantee applies once per business. It does not cover top-up credits used before the request, or accounts we suspend for breaking section 6.

Each of us may receive the other's confidential information (for example, your Customer Data, or our non-public product plans and pricing). Each of us will:

• use it only to perform or receive the Service under these Terms;
• protect it with at least reasonable care; and
• not disclose it except to staff, contractors and advisers who need to know it and are bound by similar duties, or where the law requires (giving notice where we lawfully can).

This does not cover information that is public through no fault of the receiver, was already known to the receiver, or is independently developed. These duties last for 3 years after these Terms end, and for as long as trade secrets remain secret.

This section forms our data processing agreement. It applies to personal data in Customer Data.

Roles. You are the data controller. TechDevX is your data processor under the Personal Data Protection Act 2010 (as amended by the Personal Data Protection (Amendment) Act 2024).

Instructions. We process Customer Data only to provide the Service, as described in these Terms and your settings, and on your other documented instructions. We will tell you if we think an instruction breaks the law.

Details of processing.

• Subject matter and purpose: providing the CRM and AI Employees.
• Duration: for the term of these Terms, plus the deletion period in section 15.
• Types of data: contact details (name, phone, WhatsApp number, email, company), messages and conversation content, notes, tasks, pipeline status, and any other data you choose to add.
• Data subjects: your Contacts and Users.

Security. We take practical technical and organisational measures to protect Customer Data, as required by the Security Principle (section 9 of the PDPA), including tenant separation, role-based access, encryption in transit (TLS), encryption at rest for our database, daily backups, and audit logging of AI and staff actions.

Our staff. Only staff and contractors who need access get it, and they are bound by confidentiality.

Sub-processors. You authorise us to use the sub-processors listed in our Privacy Notice, including DigitalOcean (hosting, Singapore), Anthropic, OpenAI and Google (AI models, United States), Meta (WhatsApp, Facebook, Instagram), Resend (email) and Stripe (payments). We will give you at least 14 days' notice of a new sub-processor. If you object on reasonable data protection grounds and we cannot resolve it, you may cancel and get a pro-rata refund of prepaid fees for the unused period. We will impose data protection terms on sub-processors and remain responsible for them as the law requires.

Transfers outside Malaysia. You agree that Customer Data will be transferred to and processed in Singapore and the United States, and in any other country where our sub-processors operate. We will take the precautions required by section 129 of the PDPA. You are responsible for telling your Contacts about these transfers and having any consent you need.

Breaches. If we become aware of a personal data breach affecting Customer Data, we will tell you without undue delay and in any case within 48 hours, so you can meet your duty to notify the Personal Data Protection Commissioner within 72 hours and affected people within 7 days. We will give you the information we reasonably can and help you respond.

Help with requests. We will give you tools (such as export, edit and delete) and reasonable help to respond to your Contacts' requests for access, correction, withdrawal of consent and data portability. If a Contact contacts us directly, we will pass the request to you and not respond ourselves, unless the law requires.

Audits. We will give you information reasonably needed to show we comply with this section. On-site audits need 30 days' notice, are limited to once a year, and are at your cost.

Return and deletion. See section 15.

• Ours. We (and our licensors) own the Service, its software, design, documentation and brand. These Terms do not transfer any of it to you. You get a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.
• Yours. You own Customer Data and your content. You give us a licence to host, copy, process, transmit and display it only as needed to provide, secure and support the Service.
• Feedback. If you send suggestions, we may use them freely without owing you anything.
• Usage data. We may use aggregated, de-identified data about how the Service is used to run and improve it. It will not identify you, your Users or your Contacts.
• No AI training on your data by us. We do not use Customer Data to train AI models, and our AI providers' business API terms do not allow them to train their models on it.

The Service connects to services we do not control, such as Meta (WhatsApp, Facebook, Instagram), Stripe and AI model providers. Your use of them is also governed by their own terms.

• We are not responsible for third-party services, their availability, or changes they make (for example, Meta changing WhatsApp pricing, templates or policies).
• If a third party changes or stops a service, we may need to change or remove the related feature.
• You create and own your Meta Business account and WhatsApp Business number, and link them to LeadFlow. Meta bills you directly for any WhatsApp fees. These are separate from our fees.

Availability. We aim to keep the Service available and working well. But we provide it on an "as is" and "as available" basis. We do not offer a service level agreement (SLA) or uptime commitment unless we agree one separately in writing. We may carry out planned maintenance, and will try to give notice of major downtime.

Suspension. We may suspend all or part of your account, with notice where practical, if:

• you do not pay on time;
• you break section 4 or 6, or your use puts the Service, other customers or third parties at risk;
• Meta or another provider requires it; or
• the law or a regulator requires it.

We will restore access once the issue is fixed.

Termination by you. You may cancel at any time under section 9.

Termination by us.

• For convenience: on 30 days' written notice, with a pro-rata refund of prepaid fees for the unused period.
• For breach: at once by notice if you seriously break these Terms, or do not fix a fixable breach within 14 days of our notice.
• If you become insolvent, are wound up, or stop doing business.

What happens at the end. Your right to use the Service ends. Sections that by their nature should continue (including 5, 10, 11, 12, 15, 16, 17, 18 and 20) continue.

• While your account is active, you can export your leads (for example, by CSV export).
• After your account ends, you have 30 days to ask us for an export. We will provide one in a common format.
• After that period, we will delete or anonymise Customer Data within 60 days, including from backups within 30 days.
• We may keep data the law requires us to keep (for example, invoices) and the minimum records needed for legal claims. These Terms continue to protect that data.

We will provide the Service with reasonable skill and care.

Except as stated in these Terms, and as far as the law allows, we make no other promises, express or implied. This includes any promise that the Service will be uninterrupted or error-free, that AI output will be accurate, or that the Service will achieve particular business results (such as a number of leads or sales).

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Malaysian law, including liability for fraud.

Subject to that:

1. No indirect losses. Neither of us is liable for indirect, special or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings, however caused.
2. No liability for AI or Contact decisions. We are not liable for loss caused by AI output that you or your Users could have reviewed, or that you chose to send automatically, or by decisions you or your Contacts make based on AI output.
3. No liability for third-party services. We are not liable for loss caused by services we do not control, including Meta restricting, banning or charging your WhatsApp, Facebook or Instagram account, outages or changes at our AI, hosting, email or payment providers, or your own systems and internet connection.
4. Lost or damaged data. If Customer Data is lost or damaged, our only duty is to use reasonable efforts to restore it from our latest available backup.
5. Cap. Our total liability to you for all claims arising from or related to these Terms or the Service is limited to the fees you actually paid us for the Service in the 3 months before the event that gave rise to the claim. Top-up credits and setup fees count only to the extent they were paid in that period.
6. These limits apply to claims in contract, tort (including negligence), breach of statutory duty or otherwise.

You agree these limits are reasonable, because the Service is supplied for business purposes, our fees reflect them, and you can buy insurance for your own business risks.

You will defend and indemnify TechDevX against third-party claims, fines and reasonable costs (including legal fees) arising from:

• Customer Data, including a claim that you did not have the consent or legal basis you needed;
• messages you or your AI Employees send to your Contacts under your settings;
• your breach of section 4 or 6, or of Meta's policies; or
• content you publish using the Service.

We will tell you promptly about the claim, let you control the defence (we can join with our own lawyer at our cost), and give reasonable help. You may not settle a claim that admits fault by us without our consent.

We may update these Terms. We will give you at least 30 days' notice of material changes by email or in the app. Changes take effect at your next renewal or on the date stated, whichever is later, unless the change is needed by law or for security, in which case it may take effect sooner. If you do not agree, you may cancel before the change takes effect. If you keep using the Service after that, you accept the new Terms.

• Governing law. These Terms are governed by the laws of Malaysia.
• Courts. The courts of Kuala Lumpur, Malaysia have exclusive jurisdiction. Before going to court, each of us will try in good faith to settle a dispute by talking for at least 30 days, except for urgent relief.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control (such as natural disasters, outages of internet, cloud or third-party providers, war, strikes or government action). Payment obligations are not excused.
• Assignment. You may not transfer these Terms without our written consent. We may transfer these Terms, your account and Customer Data, with notice to you, to any entity that takes over the LeadFlow business, including a company we incorporate to carry it on. You agree to that transfer now, and the new entity then replaces TechDevX under these Terms.
• Electronic acceptance and notices. These Terms may be accepted and notices given electronically, as the Electronic Commerce Act 2006 allows. We send notices to your account email. You send notices to [email protected].
• Order of priority. If a signed order form conflicts with these Terms, the order form wins for that conflict.
• Entire agreement. These Terms, your Order and our Privacy Notice are the whole agreement between us about the Service.
• Severability. If any part is found invalid, the rest stays in force, and the invalid part is changed to the minimum extent needed to make it valid.
• No waiver. Not enforcing a right now does not mean we give it up.
• Independent parties. Nothing here creates a partnership, agency or employment.
• Language. If these Terms are translated, the English version prevails.

TechDevX (SSM 202303139767 (JM0985582-H))
Email: [email protected]
Website: techdevx.com · leadflow.techdevx.com