Terms of Service 

Last Updated: 10 June 2025

This Customer Terms of Service (“Agreement”) is entered into by and between Flogen AI (“Flogen”, “we”, “us”, or “our”) and the entity or individual accessing or subscribing to our Services (“Customer” or “you”).

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

By accessing or using our Services, you agree to be bound by this Agreement.

1. DEFINITIONS

“Agreement” means this Customer Terms of Service, any Order Form, proposal, or service confirmation referencing this Agreement.

“Services” means AI-powered WhatsApp automation systems, workflow automation, CRM integrations, consulting, and related services provided by Flogen AI.

“Customer Data” means all data submitted, transmitted, or processed by Flogen AI on behalf of Customer.

“Subscription Term” means the period during which Customer subscribes to the Services.

“Order Form” means any written or digital agreement describing the Services, pricing, and subscription details.

2. SERVICES

2.1 Grant of Rights

Subject to this Agreement and payment of applicable fees, Flogen AI grants Customer a limited, non-exclusive, non-transferable right to access and use the Services for lawful internal business purposes during the Subscription Term.

2.2 Scope of Services

Services may include:

• AI-powered WhatsApp automation
• Sales and support conversation systems
• CRM integrations
• Workflow automation
• Retention and broadcast systems
• System optimization and reporting

All Services are delivered based on the scope agreed in the Order Form.

3. CUSTOMER DATA

3.1 Ownership

Customer retains all ownership rights in Customer Data.

Flogen AI does not claim ownership of Customer Data.

3.2 Processing Role

Where Flogen AI processes Personal Data on behalf of Customer, Flogen AI acts as a Data Processor, and Customer acts as the Data Controller under applicable laws, including the Personal Data Protection Act 2010 (Malaysia).

Customer is responsible for:

• Lawful collection of data
• Obtaining required consents
• Compliance with applicable data protection laws

3.3 Use of Customer Data

Flogen AI may use Customer Data solely:

• To provide and maintain the Services
• To resolve technical issues
• To comply with legal obligations

Flogen AI does not sell Customer Data.

Flogen AI does not use Customer Data to train public AI models.

3.4 Aggregated Data

Flogen AI may use anonymized and aggregated data that does not identify Customer or individuals for analytics, benchmarking, and service improvement.

4. CUSTOMER RESPONSIBILITIES

Customer agrees to:

• Provide accurate business information
• Maintain confidentiality of account credentials
• Comply with all applicable laws
• Ensure lawful use of WhatsApp and other platforms
• Not use Services for unlawful, abusive, fraudulent, or misleading activities

Customer is solely responsible for content and communications generated through the system.

5. ARTIFICIAL INTELLIGENCE FEATURES

The Services may include AI-powered functionalities (“AI Features”).

Customer acknowledges:

• AI outputs may be probabilistic and may contain inaccuracies
• Flogen AI does not guarantee accuracy of AI-generated responses
• Customer is responsible for reviewing and approving system configurations

All AI outputs are provided “as is.”

6. FEES AND PAYMENT

6.1 Monthly Subscription Model

Services are provided on a recurring monthly subscription basis unless otherwise stated.

6.2 Payment Terms

Unless otherwise agreed:

• Fees are payable in Malaysian Ringgit (MYR)
• Payment is due within seven (7) days of invoice
• Late payments may result in suspension of Services

6.3 Taxes

Fees are exclusive of applicable taxes. Customer is responsible for any applicable SST, VAT, or similar taxes.

6.4 Suspension

Flogen AI may suspend Services for:

• Non-payment
• Material breach of Agreement
• Legal or compliance concerns

7. INTELLECTUAL PROPERTY

All intellectual property rights in:

• Flogen AI systems
• Automation frameworks
• Software architecture
• Documentation
• Enhancements

Remain exclusively owned by Flogen AI.

Customer is granted usage rights only during the active Subscription Term.

8. TERM AND TERMINATION

8.1 Term

This Agreement remains in effect during the active Subscription Term.

8.2 Termination by Customer

Customer may terminate in accordance with the notice period specified in the Order Form.

Fees already paid are non-refundable unless otherwise stated.

8.3 Termination for Breach

Either party may terminate this Agreement if the other materially breaches its obligations and fails to remedy within fourteen (14) days of written notice.

8.4 Effect of Termination

Upon termination:

• Access to Services ceases
• Flogen AI may delete Customer Data after a reasonable period
• Outstanding fees remain payable

9. CONFIDENTIALITY

Both parties agree to maintain confidentiality of:

• Business information
• Technical information
• Pricing
• Customer Data
• Trade secrets

Confidential information shall not be disclosed except:

• With prior written consent
• To comply with legal obligations

10. WARRANTIES AND DISCLAIMERS

10.1 Mutual Authority

Each party represents that it has authority to enter into this Agreement.

10.2 Disclaimer

Except as expressly stated:

Services are provided “as is” and “as available.”

Flogen AI disclaims all implied warranties including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Continuous availability

Flogen AI does not guarantee:

• Uninterrupted operation
• Error-free performance
• Specific revenue outcomes

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Flogen AI shall not be liable for:

• Loss of profits
• Loss of data
• Business interruption
• Indirect or consequential damages

Flogen AI's total aggregate liability shall not exceed the total fees paid by Customer in the three (3) months preceding the claim.

12. INDEMNIFICATION

Customer agrees to indemnify and hold Flogen AI harmless against claims arising from:

• Customer’s misuse of Services
• Unlawful data processing
• Breach of this Agreement
• Violations of third-party platform terms (e.g., WhatsApp policies)

13. THIRD-PARTY SERVICES

Services may integrate with:

• WhatsApp Business Platform
• CRM providers
• Cloud infrastructure
• Payment processors

Flogen AI is not responsible for third-party service failures, policy changes, or pricing adjustments.

14. FORCE MAJEURE

Neither party shall be liable for failure to perform due to events beyond reasonable control, including:

• Natural disasters
• Government restrictions
• Internet outages
• Platform suspensions

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

Any dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.

16. AMENDMENTS

Flogen AI may update this Agreement from time to time.

Updated terms will be posted at https://flogenai.com.

Continued use of Services constitutes acceptance of updated terms.

17. ENTIRE AGREEMENT

This Agreement, together with any Order Form, constitutes the entire agreement between the parties and supersedes all prior discussions or agreements.

18. CONTACT INFORMATION

Website: https://flogenai.com
Email: help@flogenai.com