Terms of service

This Agreement is legally binding between Communication Technologies Pvt. Ltd, a company incorporated in Sri Lanka wholly owned by Business Communication Technologies Sdn. Bhd, (collectively “company”, “our”, “us”, “we”) and you or the entity that you represent (Hereinafter “you” or “your”), who desires to access and use Agent Zappy and other related services offered by the Company (“Services”). By accessing and using Agent Zappy, you agree to comply with the terms, conditions, and notices outlined herein and updated from time to time.

Account Setup  

To use this Service, you must provide a main contact point. You agree to provide accurate and complete information.

Service Description

The Service allows you to hire Agent Zappy, an AI agent, to perform tasks such as managing your social media pages, making calls to customers/prospects, and interacting with your customers/users on your behalf. To enable Agent Zappy to perform these tasks effectively, you will need to provide certain information and access, as described below.

Access and Information Provided

1. Social Media Access: You agree to provide Agent Zappy with access to your designated social media accounts to allow it to manage posts, interactions, and other activities on those platforms. 

2. Customer Contact Details: For calling or messaging customers/prospects, you will provide the relevant contact information for Agent Zappy to utilize.

3. Public Information: To effectively interact with and respond to your customers/users, you will share public-facing information about your business, products/services, policies, etc. that Agent Zappy can utilize.

Confidentiality and Data Use

The Company will maintain the highest standards of confidentiality for any sensitive information (e.g. customer contact details) you provide. This data will only be used by Agent Zappy for the authorized tasks, and never shared with third parties.  

The public information you provide may be used to train and improve Agent Zappy's knowledge base and conversational abilities related to your business. This allows Agent Zappy to provide more relevant and accurate responses when interacting with your customers/users.

Third-Party Terms

When utilizing Agent Zappy on third-party platforms (e.g. social media), you agree to comply with the terms and policies of those platforms related to access, data use, and any other applicable requirements.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR DATA OR INFORMATION. IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST TWO MONTHS OF THE SERVICE.

AI System Disclosure  

You understand that Agent Zappy is an artificial intelligence system trained to be helpful, harmless, and honest based on its training data. However, Agent Zappy may display biases, inaccurate information, or make mistakes in its outputs. The Company endeavors to have Agent Zappy provide accurate information, but makes no representations or warranties of any kind, express or implied, about the responses and outputs generated by Agent Zappy.

Privacy and Data Handling

The Company follows strict privacy and security protocols for safeguarding any personal data or sensitive information you provide when using the Service. We use industry-standard encryption to protect data in transit and at rest. However, no method of electronic transmission or storage is 100% secure. You understand that the Company cannot guarantee absolute security of your information. Your election to use the Service indicates your acceptance of the terms of the privacy policy.

The Company will never sell or rent your personal data to third parties for marketing purposes without your explicit consent. However, the Company may use anonymized and aggregated data for product improvement, research, and development of Agent Zappy's AI models.

By accepting these terms, you acknowledge that Agent Zappy is an AI assistant without subjective experiences and may make mistakes or be unsuccessful in intended tasks. The Company disclaims all warranties and shall not be liable for issues arising from Agent Zappy's conduct.

Indemnification

To the extent allowed by applicable law, user agrees to defend, indemnify and hold harmless Communication Technologies Pvt. Ltd, its affiliates, and Business Communication Technologies Sdn. Bhd and collectively any of its directors, officers, members, shareholders, and employees and their heirs from and against any and all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to user’s use of the Services, or any breach by user of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify user in writing and user shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses associated with such action. ny indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by user. 

Governing Law

This Agreement shall be governed by and construed in strict compliance with the relevant laws and regulations established in the Democratic Socialist Republic of Sri Lanka and Malaysia, as applicable.

Arbitration

Any dispute, controversy or claims arising out of this Agreement or breach, termination or invalidity thereto between the parties shall first be resolved amicably via negotiations.

Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with this Agreement, or on the interpretation thereof or on the rights, duties, obligation, or liabilities of any parties thereto or on the operation, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice of Sri Lanka.

Assignment

We may transfer, assign, sub-contract or otherwise deal with our rights and/or obligations under this Agreement. You may not transfer or assign this Agreement or your obligations thereunder.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if the company breaches its obligations under this Agreement. Termination of user account will include denial of access to all Services, deletion of information in your user account and deletion of all data in your user account.

Force Majeure

Communication Technologies Pvt. Ltd, its affiliates, and Business Communication Technologies Sdn. Bhd. shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond their control, including acts of God, natural disasters, and government actions.

By using Agent Zappy and it’s related services, you agree to abide by these terms and conditions. If you do not agree to these terms, please refrain from using the Services.