Terms and Conditions

1Introduction and Acceptance

These Terms and Conditions (the "Terms") govern the use of ChatsHero and form the agreement between you (the "User" or "You") and Chatshero Solutions (LA0061389-H) (the "Company", "ChatsHero", "We" or "Us").

Your access to and use of ChatsHero is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use ChatsHero. By accessing or using ChatsHero, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access ChatsHero.

Your access to and use of ChatsHero is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company, which describes our policies and procedures on the collection, use and disclosure of your personal information, and tells you about your privacy rights and how the law protects you. Please read the Privacy Policy carefully before using ChatsHero.

Although the entire contractual relationship relating to the Products is entered into solely between the Company and Users, Users acknowledge and agree that, where ChatsHero has been provided to them via or in combination with an independent party, that third party may enforce these Terms as a third-party beneficiary.

1.1 Eligibility and Authority

ChatsHero is provided for business and professional use. By accepting these Terms, you represent and warrant that:

you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher;
where you are entering into these Terms on behalf of a company, partnership or other legal entity, you have full authority to bind that entity, and "You" refers to that entity; and
you are not barred from receiving the Service under any applicable law.

2Definitions

ChatsHero: The software-as-a-service (SaaS) platform provided by the Company, including all digital products, services and features offered under the ChatsHero brand. "ChatsHero" refers to: (i) the website chatshero.com, including its subdomains; (ii) the application and studio portals operated by the Company, including app.chatshero.tech and studio.chatshero.dev; (iii) any other website, subdomain, application or portal through which the Company makes the Service available under the ChatsHero name, including on the chatshero.com, chatshero.tech and chatshero.dev domains, whether existing now or introduced at any time in future; (iv) applications for mobile, tablet and other smart device systems; (v) the Application Program Interfaces (APIs); (vi) the Service; and (vii) any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, together with any related documentation.
Company / ChatsHero / We: Chatshero Solutions (LA0061389-H), the legal entity providing ChatsHero and the Service to Users, including its affiliated entities.
User / You: Any person or legal entity using ChatsHero, including individuals authorised to use the Service on behalf of an organisation.
Service: The software functionality, features, support and digital tools made available through ChatsHero.
Agreement: These Terms, together with all related documents and policies referred to herein, forming the complete and legally binding agreement between you and the Company.
Order Form: Any quotation, subscription confirmation, invoice or written order accepted by both parties that specifies the Products, fees and term applicable to you. Where an Order Form conflicts with these Terms, the Order Form prevails for that engagement only.
Client Content: Any data, text, images, documents, prompts, knowledge-base material, contact lists, message templates, flows, product information or other material that you or your authorised users supply to, or generate within, the Service.
AI Output: Any message, reply, summary, classification, recommendation or other content generated by the automated or artificial-intelligence features of the Service.
End Customer: Any individual who communicates with you through a messaging channel connected to the Service.
Messaging Platform: Any third-party communication service integrated with the Service, including WhatsApp Business Platform, Meta Cloud API, Instagram, Facebook Messenger, Telegram, TikTok and any similar channel.
Personal Data: Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification of a natural person.
Data Subject: The natural person to whom the Personal Data refers.
Data Controller: The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
Data Processor (or Sub-Processor): The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller.

3Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including activity by your employees, contractors and any third party you grant access to.

You must:

provide current, complete and accurate account and billing information, and keep it up to date;
notify the Company promptly at the contact address in Section 20 of any unauthorised use of your account or any other suspected security breach; and
not share credentials with, or resell access to, any party outside your organisation except as permitted under Section 10.5.

The Company is not liable for any loss arising from your failure to safeguard your credentials.

4Subscription Terms

The fees, duration and conditions applicable to Subscriptions are described below and in the dedicated sections of ChatsHero. Unless specified on the Order Form, Subscription Products provided as part of the Service are subject to the following terms.

4.1 Free Trial

Users may have the option to test ChatsHero during a limited and non-renewable trial period at no cost. Some features or functions may not be available during the trial period.

Further conditions applicable to the trial period, including its duration, will be specified on ChatsHero. The trial period shall end automatically and shall not convert into any paid Product unless you actively purchase such paid Product.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

4.2 Product Description

Prices, descriptions and availability of Products are outlined in the respective sections of ChatsHero and are subject to change without notice.

While Products are presented with the greatest accuracy technically possible, representation through any means (including graphic material, images, colours and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process and in the dedicated sections of ChatsHero.

4.3 Order Submission

Any steps taken from choosing a Product to order submission form part of the purchasing process. You must choose the desired Product and verify your purchase selection before submitting the order.

When you submit an order:

the submission determines contract conclusion and creates an obligation for you to pay the price, taxes and any further fees and expenses as specified on the order page or Order Form; and
where the purchased Product requires active input from you — such as the provision of information, data, specifications or special requirements — the order submission creates an obligation for you to cooperate accordingly and within a reasonable time.

The Company reserves the right to refuse or cancel any order at its sole discretion, including orders that appear to be placed by unauthorised resellers or distributors.

4.4 Prices

You are informed during the purchasing process and before order submission about any fees, taxes and costs that will be charged.

Unless specified, prices are displayed exclusive of any applicable fees, taxes and costs, depending on the section you are browsing.

The Company may, in its sole discretion and at any time, modify the Subscription fees. Any Subscription fee change becomes effective at the end of the then-current Subscription period. The Company will provide reasonable prior notice of any change in Subscription fees.

Continued use of the Service after a Subscription fee change comes into effect constitutes agreement to pay the modified Subscription fee.

4.5 Methods of Payment

Information about accepted payment methods is made available during the purchasing process. Some payment methods may be available only subject to additional conditions or fees, as set out in the relevant section of ChatsHero.

Payment methods marked accordingly are managed directly by the Company. In this case, the Company collects and stores the data necessary for processing payments and for fulfilling any related legal obligation. You may read the Privacy Policy to learn more about this processing and your rights.

Other payment methods, if any, are independently provided by third-party services. In such cases ChatsHero collects no payment information — such as credit card details — but only receives a notification from the relevant third-party provider once payment has been successfully completed.

If payment through the available methods fails, the Company shall be under no obligation to fulfil the purchase order. Any costs or fees resulting from a failed or refused payment shall be borne by you.

4.6 Subscription Period and Automatic Renewal

Subscriptions allow you to receive a Product continuously or regularly over a determined period. Unless otherwise stated in the Order Form, paid subscriptions begin on the day payment is received by the Company.

The Service, or parts of it, is available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly, quarterly or annually), depending on the Subscription plan selected.

To maintain a Subscription, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruption.

Automatic renewal

Subscriptions renew automatically through the payment method chosen at purchase, unless cancelled within the deadlines specified in these Terms or within ChatsHero. Each renewed Subscription lasts for a period equal to the original term.

Should automatic billing fail for any reason, the Company will issue an electronic invoice indicating that you must proceed manually. The Company reserves the right to freeze access to ChatsHero until outstanding invoices have been paid.

4.7 Digital Service Delivery

Digital services are considered delivered when any of the following has occurred:

the system is activated;
setup or onboarding work has begun;
access or login credentials have been granted; or
any configuration work has been initiated.

Delivery does not depend on your availability, your usage or readiness, your provision of required materials, or your technical ability.

Once delivered, payments remain non-refundable in accordance with Section 4.11.

4.8 Additional Charges

You may incur additional charges if usage over a billing month exceeds your Subscription's limits. Subscription limits are detailed during the purchasing process and in the respective sections of ChatsHero. You agree to pay any additional charges incurred at the end of each billing month.

4.9 Late Payment

Any failure to pay any fees or taxes entitles the Company to suspend, in whole or in part, access to the Service until payment is received.

Unless otherwise stated in the Order Form, the Company shall assess and you shall pay a late fee equal to the lesser of 10% of the outstanding balance per month or the maximum rate permitted by law in the jurisdiction where you are located. Upon any such failure, all outstanding amounts become immediately due and payable.

4.10 Applicable Taxes

Unless specified, fees are displayed exclusive of any applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges, including without limitation value-added tax, sales tax, service tax, consumption tax and any current or future municipal, state, federal or provincial taxes. You will pay, indemnify and hold the Company harmless from the same.

4.11 Refunds

Except where required by law, paid Subscription fees are non-refundable. There are no refunds or credits for partial periods of service, upgrade or downgrade adjustments, or unused service periods.

By subscribing to any plan, you explicitly acknowledge that all fees are non-refundable, including setup fees, system activation fees, subscription fees, additional charges, overage fees and payments for unused service periods.

Certain refund requests may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.

4.12 No Chargebacks

You agree that all payments are final and that you will not initiate any chargeback, reversal or payment dispute through your bank, card issuer or payment channel.

If you file a chargeback, the Company reserves the right to:

submit evidence of service delivery to dispute the chargeback;
suspend, terminate or permanently ban your access to the Service;
recover all losses, chargeback fees, penalties and administrative costs directly from you; and
pursue legal action for breach of contract.

Misuse of chargebacks constitutes a breach of this Agreement and may be treated as fraud under applicable law.

4.13 Third-Party Fees

ChatsHero fees are exclusive of any charges assessed by a third party — including Messaging Platforms — for access to or use of their services. Such charges are your responsibility, whether paid directly to the third party or resold through ChatsHero. Where resold, ChatsHero will advise you in writing of the applicable charges, and you may accept them or decline them and not use the associated channel.

Where a third party imposes special requirements on ChatsHero beyond the standard services, ChatsHero may charge you for the additional service, and you may accept the charge or decline it and not use the associated channel.

4.14 Discounts and Coupons

The Company may offer discounts or special offers for the purchase of Products, always subject to the eligibility criteria and conditions set out in the corresponding section of ChatsHero.

Offers and discounts are granted at the Company's sole discretion. Repeated or recurring offers create no claim, title or right enforceable in future. Where an offer is limited by time, the time indications refer to the Company's time zone as indicated in Section 20.

Unless otherwise stated, the following rules apply to Coupons:

each Coupon is valid only when used in the manner and within the timeframe specified;
a Coupon may only be applied in its entirety at the actual time of purchase — partial use is not permitted;
unless otherwise stated, single-use Coupons may be applied only once, even for recurring purchases;
Coupons cannot be applied cumulatively;
no credit, refund or compensation is due where the Coupon value exceeds the redeemed value; and
unless otherwise specified, all discounts expire at the end of the first billing period.

If the conditions applicable to Coupons are breached, the Company may legitimately refuse to fulfil its contractual obligations and reserves the right to take appropriate legal action.

5Additional Services

5.1 Extra Features and Add-Ons

Users with an active subscription may purchase individual add-ons or features, as described in the relevant section of ChatsHero or in the applicable Order Form.

Prices, duration, terms of use and termination conditions of such add-ons may differ from those of the main Subscription Product and, unless otherwise specified, do not affect the prices, duration, terms of use or termination of the main Subscription.

5.2 Performance of Additional Services

Purchased additional services shall be performed or made available within the timeframe specified on ChatsHero or communicated prior to order submission. These additional services are provided on a paid basis.

6Acceptable Use

6.1 Prohibited Uses

You may not use ChatsHero, the Service, or any content within it:

for any unlawful purpose, or to solicit others to perform or participate in any unlawful act;
to violate any international, federal, state, provincial or local law, regulation or ordinance;
to infringe the intellectual property rights of the Company or any third party;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person;
to submit false or misleading information, or to impersonate any person or entity;
to upload or transmit viruses, worms, trojan horses or any other malicious code;
to collect or track the personal information of others without lawful basis;
to spam, phish, pharm, pretext, spider, crawl or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service, any related website, or the internet.

You may not access the Service by any method other than the interfaces and instructions provided by the Company. The Company may suspend or stop providing the Service if you do not comply with these Terms or if the Company is investigating suspected misconduct.

6.2 Messaging Channel Compliance and Consent

This section is central to your use of the Service. You acknowledge that the Service transmits messages on your behalf through Messaging Platforms operated by third parties, and that those platforms impose their own binding policies on the sender.

You represent, warrant and undertake, on a continuing basis, that:

Opt-in. You have obtained and can evidence valid, informed and specific consent from every End Customer before sending them any message through the Service, in the manner required by the applicable Messaging Platform and by applicable law.
Opt-out. You will honour every opt-out, unsubscribe or "stop" request promptly, and you will not re-add an End Customer to any messaging audience without fresh consent.
Platform policies. You will comply at all times with the policies of each Messaging Platform you use, including the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and Meta's Platform Terms, as amended from time to time.
Contact data. You have a lawful basis for holding and uploading every contact record you supply to the Service, and you did not obtain contact data by scraping, purchase from an unlawful source, or any other prohibited means.
Message content. Your message templates, broadcasts and automated flows are accurate, not misleading, not unsolicited commercial messaging, and not prohibited by any Messaging Platform.
Sender identity. You will not misrepresent the identity of the sender or the nature of your business.

You are solely responsible for compliance with all applicable communications, consumer protection, direct marketing and anti-spam laws in every jurisdiction in which your End Customers are located.

Consequences of non-compliance. The Company may, without liability and with or without prior notice, suspend or throttle your account, block specific templates or broadcasts, or terminate the Agreement under Section 16.2 where it reasonably believes this section has been breached. You remain liable for all fees for the remainder of the then-current Subscription period.

6.3 Fair Use

To maintain quality of Service and avoid disadvantage to the majority of Users, you agree to abide by any fair use policy that may apply. The Company reserves the right to enforce limits on the Service, including on messages, contacts, properties, snippets, files or any other feature. You may not use the Service in any way that could impair or interfere with it.

6.4 High-Risk and Regulated Industries

Users operating in regulated or high-risk industries — including without limitation gaming, betting, lending, financial services, investment, medical, pharmaceutical, supplements and similar sectors — acknowledge that they are solely responsible for ensuring regulatory, legal and licensing compliance.

The Company does not provide legal advice or compliance guarantees for such industries and shall not be liable for business losses, account bans, platform restrictions, enforcement actions or penalties resulting from your activities.

7Client Content and Artificial Intelligence

7.1 Client Content — Your Responsibility

All Client Content used for setup, AI training, flows, messaging, automation or integrations is provided at your sole risk and responsibility. The Company does not verify, approve, validate or guarantee the legality, accuracy or compliance of User-provided materials.

You represent and warrant that you own or have all necessary rights to the Client Content, and you shall indemnify and fully protect the Company against all claims, penalties, damages or losses arising from:

unlawfully provided content;
copyright or other intellectual property infringement;
defamatory material;
gambling, financial, medical or other regulated claims;
false or misleading information;
Messaging Platform policy violations; or
regulatory issues relating to your industry.

The Company is not responsible for consequences resulting from Client Content.

7.2 AI-Generated Output

The Service includes automated and artificial-intelligence features that generate responses to End Customers without human review at the moment of sending. You acknowledge and agree that:

No accuracy warranty. AI Output is generated probabilistically and may be inaccurate, incomplete, outdated, inappropriate or entirely fabricated, even where the underlying Client Content is correct. The Company makes no representation or warranty as to the accuracy, reliability, suitability or fitness for purpose of any AI Output.
Not professional advice. AI Output does not constitute legal, financial, medical, tax or other professional advice, and must not be presented to End Customers as such.
Your responsibility for what your bot says. AI Output is transmitted under your business identity. As between you and the Company, you are solely responsible for all AI Output sent from your account, including any statement, price, quotation, discount, availability, delivery commitment, warranty or other representation made to an End Customer.
Human oversight. You are responsible for configuring, testing and monitoring your automations, for reviewing AI Output at appropriate intervals, and for implementing human escalation and fallback for sensitive, high-value or regulated interactions. The Company strongly recommends human review before any binding commitment is communicated to an End Customer.
No liability for AI Output. To the maximum extent permitted by applicable law, the Company shall not be liable for any loss, claim, dispute, refund, penalty, chargeback, reputational harm or contractual obligation arising from AI Output, including any commitment an End Customer alleges was made on your behalf.
Model dependencies. The Service relies on third-party artificial-intelligence models and providers. Their availability, behaviour, output quality, pricing and policies may change without notice, and the Company shall not be liable for such changes. The Company may substitute or update the underlying models at any time.

7.3 Use of Data to Improve the Service

The Company processes Client Content to provide, maintain, secure, support and troubleshoot the Service.

The Company will not use identifiable Client Content to train general-purpose artificial-intelligence models made available to third parties without your prior written consent. The Company may generate and use aggregated, de-identified statistics and usage patterns — which do not identify you, your End Customers, or any individual — to operate, secure and improve the Service.

8Data Protection

8.1 Roles of the Parties

For Personal Data relating to your End Customers and other individuals contained in Client Content:

you act as the Data Controller, determining the purposes and means of processing; and
the Company acts as the Data Processor, processing that Personal Data only on your documented instructions.

For Personal Data relating to your own account, billing and administrative users, the Company acts as the Data Controller, as described in the Privacy Policy.

8.2 Your Obligations as Data Controller

You warrant that:

you have a lawful basis for all processing you instruct the Company to perform;
you have provided all notices and obtained all consents required under applicable data protection law, including the Malaysian Personal Data Protection Act 2010 as amended;
your instructions to the Company will not cause the Company to breach applicable law; and
you will respond to Data Subject requests directed to you, with the Company's reasonable assistance.

8.3 The Company's Obligations as Data Processor

The Company shall:

process Personal Data only on your documented instructions, unless required otherwise by law;
implement appropriate technical and organisational security measures;
ensure that personnel authorised to process Personal Data are bound by confidentiality;
provide reasonable assistance with Data Subject requests, security obligations and breach notification, at your cost where the assistance is substantial; and
on termination, handle Personal Data in accordance with Section 8.7.

8.4 Sub-Processors

You authorise the Company to engage sub-processors to deliver the Service, including cloud hosting providers, Messaging Platforms, artificial-intelligence model providers and payment processors. A current list of sub-processors is available on request at the contact address in Section 20.

The Company remains responsible for its sub-processors' performance of the obligations in this Section 8. The Company will give reasonable notice of any new sub-processor materially affecting the processing of your Personal Data.

8.5 Personal Data Breach

The Company will notify you without undue delay after becoming aware of a Personal Data breach affecting Client Content, and will provide the information reasonably available to enable you to meet your own notification obligations.

You acknowledge that, as Data Controller, the obligation to notify the Personal Data Protection Commissioner and, where required, affected Data Subjects rests with you. You are responsible for making that assessment and notification within the timeframes required by applicable law.

8.6 Cross-Border Transfers

You acknowledge that the Service is delivered using infrastructure and sub-processors that may be located outside Malaysia, and that Personal Data may accordingly be transferred, stored and processed outside Malaysia. The Company will apply appropriate safeguards for such transfers as required by applicable law.

Where you are required to carry out a transfer impact assessment or maintain transfer records under applicable law, the Company will provide reasonable assistance on request.

8.7 Data Retention, Export and Deletion

During the term, you may export your Client Content using the functionality made available within the Service. You are solely responsible for maintaining your own copies of any data you require.

No post-termination retention period applies. On termination or expiry of the Agreement, for any reason, the Company may delete all Client Content immediately and without further notice. You must export any Client Content you wish to keep before the Agreement ends.

The Company is under no obligation to retain, restore, produce or provide access to Client Content after termination, and requests to recover deleted Client Content will not be honoured.

The foregoing does not apply to: (i) records the Company is required to retain under applicable law, including accounting, tax, billing and transaction records; and (ii) data residing in routine backup archives, which is not available for restoration to you and is overwritten in the ordinary course of the Company’s backup cycle.

8.8 Privacy Policy

To learn more about the use of Personal Data, please refer to the ChatsHero Privacy Policy.

9Confidentiality

Each party may receive non-public information from the other that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information").

Each party shall use the other's Confidential Information only for the purposes of this Agreement, protect it with at least reasonable care, and not disclose it to any third party except to its personnel and advisers who need to know and who are bound by equivalent obligations.

These obligations do not apply to information that is or becomes public through no breach of this Agreement, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or court order — provided that, where lawful, the disclosing party is given reasonable notice.

This Section survives termination for a period of three (3) years, and indefinitely in respect of Personal Data and trade secrets.

10Intellectual Property

10.1 Company Intellectual Property

Without prejudice to any more specific provision of these Terms, all intellectual property rights — including copyrights, trademark rights, patent rights and design rights — related to ChatsHero are the exclusive property of the Company or its licensors, and are protected by applicable laws and international treaties.

All trademarks, whether nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images and logos appearing in connection with ChatsHero are and remain the exclusive property of the Company or its licensors.

Nothing in these Terms transfers any ownership of the Service to you. You are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the term, solely for your internal business purposes.

10.2 Your Content

You retain all rights in your Client Content. You grant the Company a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, reproduce and process Client Content solely as necessary to provide, support and improve the Service in accordance with these Terms.

10.3 Trademark Licence

During the term, you grant the Company a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free licence to use your trademarks and logos solely in connection with the marketing, advertising and promotion of ChatsHero, including listing you and your application on ChatsHero's website, and only in accordance with your reasonable trademark usage guidelines.

You may require the Company to cease using your trademarks and logos if their use causes a materially adverse effect on your image or goodwill.

10.4 Feedback

If you send the Company creative ideas, suggestions, proposals, plans, feature requests or other materials ("Feedback"), whether requested or not, the Company may use, edit, copy, publish, distribute, translate and otherwise exploit that Feedback in any medium without restriction. The Company is under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

10.5 Service Reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of ChatsHero or the Service without the express prior written permission of the Company, granted either directly or through the Company's official reselling or partner programme.

Where you are admitted to the Company's reselling or partner programme, your rights and obligations as a reseller — including permitted territories, branding, pricing, support responsibilities, commission and termination — are governed by a separate written partner agreement. In the event of a conflict between that partner agreement and these Terms in respect of reselling activity, the partner agreement prevails.

Unauthorised resale, white-labelling or sub-licensing of the Service is a material breach of this Agreement and grounds for immediate termination under Section 16.2.

11Third-Party Platforms, Tools and Links

You acknowledge that the Service relies on third-party platforms, including without limitation Meta, the WhatsApp Business Platform and Cloud API, Instagram, Facebook, Telegram, TikTok, payment providers, artificial-intelligence model providers, and other messaging and hosting APIs.

The Company has no control over these platforms and shall not be liable for any account suspension, API restriction, ban, downtime, rate limit, policy change, pricing change or access limitation imposed by such third parties. You are solely responsible for ensuring your own compliance with all third-party platform policies.

The Company may provide access to third-party tools over which it exercises no monitoring, control or input. Such tools are provided "as is" and "as available", without warranty, representation, condition or endorsement of any kind. Your use of optional third-party tools is entirely at your own risk, and you should ensure you are familiar with and approve of the terms on which those tools are provided.

Third-party links within the Service may direct you to websites not affiliated with the Company. The Company is not responsible for examining or evaluating their content or accuracy, and accepts no liability or responsibility for any third-party materials, websites, products or services. Complaints, claims or questions regarding third-party products should be directed to the third party.

12Service Availability and Interruption

To ensure the best possible service level, the Company reserves the right to interrupt the Service for maintenance, system updates or other changes, informing Users appropriately where practicable.

Within the limits of law, the Company may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

The Company may modify or discontinue any part or feature of the Service. Where a modification materially and adversely reduces core functionality for which you have paid, the Company will use reasonable efforts to give prior notice.

Force majeure. The Service may be unavailable for reasons outside the Company's reasonable control, including labour actions, infrastructural breakdowns, blackouts, natural disasters, epidemics, acts of government, war, civil unrest, cyber-attack, or the failure, suspension or policy change of any third-party platform or telecommunications provider. Neither party is liable for any failure or delay in performance caused by such an event, except for payment obligations already accrued.

13"As Is" and "As Available" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE", with all faults and defects, and without warranty of any kind.

To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties — express, implied, statutory or otherwise — with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation, the Company provides no warranty or undertaking, and makes no representation, that the Service will:

meet your requirements;
achieve any intended result, including any sales, conversion, engagement or revenue outcome;
be compatible or work with any other software, application, system or service;
operate without interruption;
meet any performance or reliability standard; or
be error-free, or that any error or defect can or will be corrected.

Neither the Company nor any provider makes any representation or warranty, express or implied: (i) regarding the operation or availability of the Service, or the information, content and materials included in it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided, including AI Output; or (iv) that the Service, its servers, its content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or statutory rights, so some of the above may not apply. In such cases, the exclusions and limitations will be applied to the greatest extent enforceable under applicable law.

14Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers or employees, be liable for:

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, revenue, savings, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;
any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your account;
any error, mistake or inaccuracy of content, including AI Output;
personal injury or property damage of any nature resulting from your access to or use of the Service;
any unauthorised access to or use of the Company's servers and any personal information stored on them;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses or the like transmitted to or through the Service;
any error or omission in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service;
any suspension, restriction or ban imposed on you by a Messaging Platform or other third party; or
the defamatory, offensive or illegal conduct of any User or third party.

Unless otherwise explicitly provided, and subject to mandatory legal provisions, Users shall not have any claim for damages against the Company or any party acting on its behalf. The Company shall only be liable for damages caused by intent or gross negligence, or for damages affecting life, health or physical integrity. In all other cases, liability shall be limited to foreseeable and typical damages at the time the contract was concluded.

Aggregate cap. In any case, the Company's total aggregate liability for all claims, proceedings, liabilities, obligations, damages, losses or costs shall not exceed the total amount paid by you to the Company under the relevant agreement in the twelve (12) months preceding the incident, or the duration of the Agreement if shorter.

This limitation of liability applies to the fullest extent permitted by law, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, and even if the Company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary by jurisdiction. The disclaimers, exclusions and limitations of liability shall not apply to the extent prohibited by applicable law.

15Indemnification

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, subcontractors and employees from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts and expenses — including legal fees and expenses — arising from:

your use of and access to the Service, including any data or content transmitted or received by you;
any AI Output sent from your account, and any commitment or representation an End Customer alleges was made on your behalf;
your violation of these Terms, including breach of any representation or warranty;
your breach of Section 6.2 (messaging consent and platform compliance);
your violation of any third-party rights, including privacy or intellectual property rights;
your violation of any statutory law, rule or regulation, including data protection and anti-spam law;
any content submitted from your account, including via third-party access using your credentials, and including misleading, false or inaccurate information;
your wilful misconduct; or
any act or omission of your affiliates, officers, directors, agents, co-branders, partners, suppliers or employees, to the extent allowed by applicable law.

16Suspension and Termination

16.1 Termination by You

Recurring subscriptions may be terminated by you at any time by cancelling the subscription through the settings or controls provided within ChatsHero. The Company does not process subscription cancellations on your behalf and shall not terminate or modify recurring subscriptions unless expressly performed by you through the self-service options.

If you cancel before the renewal date, termination takes effect immediately and you will no longer have access to the Service. The Company has no obligation to restore or reactivate access once termination takes effect, and no refund is due for the unused portion of the then-current period.

Export your data first. Because termination takes effect immediately and no post-termination retention period applies, you should export any Client Content you wish to keep before cancelling. See Section 8.7.

16.2 Suspension and Termination by the Company

The Company may suspend your access to the Service, in whole or in part, immediately and without liability, where:

any fee is overdue;
it reasonably suspects a breach of Section 6 (Acceptable Use), including messaging consent obligations;
your use poses a security risk to the Service or to other Users, or materially degrades Service performance;
a Messaging Platform or other third party requires it; or
it is required to do so by law or by a regulatory or law-enforcement authority.

The Company may terminate this Agreement and your account, with immediate effect and without refund, where:

you commit a material breach of these Terms and, where the breach is capable of remedy, fail to remedy it within fourteen (14) days of written notice, or such shorter period as the circumstances reasonably require;
you commit a non-remediable material breach, including unauthorised resale, fraud, chargeback abuse, or a breach of Section 6.2 that has resulted or is likely to result in enforcement action by a Messaging Platform;
you become insolvent, enter liquidation, or cease to carry on business; or
the Company discontinues the Service under Section 12, in which case the Company will refund any prepaid fees covering the period after termination.

Where the Company terminates for cause, you remain liable for all amounts due up to and including the date of termination, and for the remainder of the then-current Subscription period.

16.3 Effect of Termination

On termination or expiry: your right to access and use the Service ceases immediately; all outstanding amounts become immediately due and payable; and Client Content is handled in accordance with Section 8.7.

16.4 Survival

The obligations and liabilities of the parties incurred prior to termination survive termination for all purposes. Sections 2, 4.9–4.13, 7, 8.7, 9, 10, 13, 14, 15, 16.3, 16.4, 18 and 19 survive termination of this Agreement.

17Right of Withdrawal

Except where required by applicable law, the right of withdrawal does not apply on ChatsHero. You acknowledge and agree that the right of withdrawal is excluded for contracts concluded via ChatsHero, due to the digital and on-demand nature of the services offered.

18General Provisions

18.1 Changes to These Terms

The Company reserves the right to amend or otherwise modify these Terms at any time. If an amendment is material, the Company will make reasonable efforts to provide prior notice before the new terms take effect. What constitutes a material change is at the Company's sole discretion.

Changes affect the relationship going forward only. Continued use of the Service after revised Terms take effect signifies acceptance. If you do not accept the revised Terms, you must stop using the Service; refusal may entitle either party to terminate the Agreement.

The applicable previous version governs the relationship prior to acceptance. Previous versions can be obtained from the Company on request.

18.2 Assignment

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking your legitimate interests into account. The provisions on changes to these Terms apply accordingly.

You may not assign or transfer your rights or obligations under these Terms without the Company's prior written permission.

18.3 No Waiver

The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver shall be considered a further or continuing waiver of that term or any other term.

18.4 Severability

If any provision of these Terms is deemed invalid, void or unenforceable under applicable law, that provision shall nonetheless be enforceable to the fullest extent permitted, and the unenforceable portion shall be severed. Such a determination shall not affect the validity and enforceability of the remaining provisions.

18.5 Entire Agreement

These Terms, together with any Order Form and any policies or operating rules posted by the Company in respect of the Service, constitute the entire agreement between you and the Company, and supersede all prior proposals, communications, advertisements, quotations, understandings and agreements, whether written or verbal.

Where there is any conflict between this Agreement and any other document, this Agreement shall prevail, save for an Order Form or partner agreement as provided in Sections 2 and 10.5.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party. Headings are for convenience only and do not affect interpretation.

18.6 Authoritative Version

These Terms are written and revised in English. Translations, including into Bahasa Malaysia or Chinese, are provided for informational purposes only. In the event of any inconsistency, the English version shall prevail.

18.7 Governing Law

These Terms are governed by the law of the place where Chatshero Solutions (LA0061389-H) is based, without regard to conflict of laws principles.

18.8 Venue of Jurisdiction

The exclusive jurisdiction over any controversy related to these Terms lies with the courts of the location where Chatshero Solutions (LA0061389-H) is based.

18.9 Notices and Contacts

All communications relating to the use of ChatsHero must be sent using the contact information provided in Section 20. Notices to you may be sent to the email address registered on your account and are deemed received on the day of sending.

19Dispute Resolution

19.1 Amicable Resolution

You may bring any dispute to the Company, which will attempt to resolve it amicably.

While your right to take legal action always remains intact, in the event of any controversy regarding the use of ChatsHero or the Service, you are asked first to contact the Company at the contact details below.

You may submit a complaint to the email address provided, including a brief description and any relevant details. The Company will handle the complaint without undue delay and within twenty-one (21) days of receiving it.

20Contact Information

Chatshero Solutions (LA0061389-H)

Chatshero Solutions (LA0061389-H) is a limited liability partnership registered in Malaysia.

Email: support@chatshero.com

Version 2.0 — last updated 1 July 2026. This version supersedes all previous versions, including the version dated 12 April 2025.