Terms & Conditions

Welcome to Fyncall! These Terms of Service (“Terms”) govern your access to and use of the Fyncall website located at www.fyncall.com (the “Website”) and any related services provided by Builderson Group Limited (“Fyncall,” “we,” “us,” or “our”).

IMPORTANT DISTINCTIONS:

These Terms of Service apply to all visitors and users of our Website
Our Master Subscription Agreement applies to customers who subscribe to our conversational commerce platform services
If you are a paying customer, both these Terms and the Master Subscription Agreement apply to you, and in the event of conflict, the Master Subscription Agreement controls with respect to your use of the Services

By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

1. ELIGIBILITY AND ACCOUNT REGISTRATION

1.1 Age and Authority Requirements

You must be at least 18 years old to use the Website or Services. By using the Website, you represent and warrant that:

(a) You are at least 18 years of age;

(b) If you are registering on behalf of a business or organization:

You have the authority to bind that entity to these Terms
You represent a legitimate business entity
All information you provide is accurate and complete

1.2 Account Registration

To access certain features of the Website or to use the Services, you may need to create an account. When creating an account, you agree to:

(a) Provide accurate, current, and complete information;

(b) Maintain and promptly update your account information;

(d) Accept responsibility for all activities that occur under your account;

(e) Immediately notify us of any unauthorized use of your account or any other breach of security.

1.3 Account Responsibilities

You are responsible for:

Safeguarding your password and account access
All activities conducted through your account
Any violations of these Terms by anyone using your account
Ensuring that your account information remains accurate and up-to-date

We reserve the right to:

Refuse registration of any account
Cancel or suspend accounts at our discretion
Reclaim usernames if we believe they are inappropriate or inactive

2. ACCEPTABLE USE POLICY

2.1 Permitted Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

(a) Comply with all applicable laws, regulations, and third-party terms;

(b) Use the Services for legitimate e-commerce and customer service purposes;

(d) Obtain all necessary consents from end customers before using the Services to communicate with them;

(e) Comply with all anti-spam laws and regulations when using messaging features.

2.2 Prohibited Uses

You agree NOT to:

Illegal Activities:

Use the Services for any illegal purpose or in violation of any laws
Engage in fraudulent activities or misrepresentation
Violate any applicable data protection or privacy laws
Infringe intellectual property rights of others
Facilitate money laundering, terrorism financing, or other financial crimes

Harmful Content and Conduct:

Upload, transmit, or distribute any content that is:
- Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially/ethnically objectionable
- Pornographic, sexually explicit, or exploitative
- Contains malware, viruses, or other harmful code
- Infringes patents, trademarks, trade secrets, copyrights, or other proprietary rights
Engage in harassment, bullying, or intimidation of other users or third parties
Impersonate any person or entity or falsely state or misrepresent your affiliation
Attempt to deceive or mislead end customers or other users

Spam and Unsolicited Communications:

Send unsolicited commercial messages (“spam”) through the Services
Send bulk messages without proper consent
Violate CAN-SPAM Act, GDPR, PDPA, or other anti-spam regulations
Use purchased, rented, or harvested contact lists
Send messages to individuals who have opted out or requested no further contact
Fail to honor opt-out requests promptly

Commerce Channel Violations:

Violate WhatsApp Business Policy, Instagram Terms of Use, or other Commerce Channel terms
Use messaging channels in ways prohibited by the platforms
Engage in activities that could result in Commerce Channel account suspension
Circumvent Commerce Channel rate limits or restrictions
Share or resell Commerce Channel access credentials

System Abuse and Security:

Attempt to gain unauthorized access to any systems, accounts, or networks
Interfere with or disrupt the Services or servers
Launch denial-of-service attacks or similar attacks
Reverse engineer, decompile, or disassemble the Services
Use automated systems (bots, scrapers) to access the Services without authorization
Attempt to bypass any security features or access controls
Probe, scan, or test the vulnerability of systems or networks

Competitive or Harmful Business Practices:

Use the Services to develop competing products or services
Benchmark or compare the Services with competing products without authorization
Use the Services in a manner that could damage Fyncall’s reputation or business
Copy, reproduce, or resell the Services
Share your account or login credentials with unauthorized parties

Data Misuse:

Collect or harvest information about other users without consent
Use data obtained through the Services for purposes other than providing your e-commerce services
Sell or share end customer data with third parties without proper consent
Process special categories of personal data (health data, biometric data, etc.) through the Services
Upload or transmit protected health information (PHI) or similarly regulated data

2.3 E-commerce and Customer Communication Standards

When using the Services for e-commerce and customer communications, you must:

(a) Product and Service Representations:

Accurately describe products and services
Clearly display pricing and terms of sale
Honor advertised prices and promotional terms
Comply with consumer protection laws

(b) Customer Service Standards:

Respond to customer inquiries in a timely manner
Process orders, returns, and refunds according to stated policies
Provide truthful and accurate information
Handle customer data responsibly and securely

Obtain proper consent before sending marketing messages
Provide clear opt-out mechanisms
Honor opt-out requests within legally required timeframes
Clearly identify commercial messages as such
Include required sender identification in messages

(d) Prohibited Products and Services: You may not use the Services to sell or promote:

Illegal goods or services
Counterfeit products
Weapons, ammunition, or explosives
Controlled substances or illegal drugs
Adult content or services
Multi-level marketing or pyramid schemes
Deceptive or fraudulent offers
Products or services that violate third-party intellectual property rights
Any products or services prohibited by Commerce Channel policies

2.4 AI and Automation Use

When using the AI-powered features of the Services:

(a) You must:

Review AI-generated content before sending to customers
Implement appropriate human oversight
Configure AI features responsibly
Ensure AI communications comply with applicable laws
Provide accurate training data and context

(b) You must not:

Use AI features to generate misleading or deceptive content
Rely solely on AI for critical business decisions without human review
Use AI to circumvent customer service responsibilities
Generate content that violates these Terms or applicable laws

2.5 Consequences of Violations

Violation of these Terms may result in:

Warning or notification
Temporary suspension of account or Services
Permanent termination of account and Services
Removal of violating content
Legal action and claims for damages
Reporting to law enforcement or regulatory authorities
Reporting to Commerce Channel providers

We reserve the right to investigate suspected violations and take appropriate action at our sole discretion.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Fyncall’s Intellectual Property

The Website and Services, including all content, features, functionality, software, text, graphics, logos, icons, images, audio, video, data compilations, and the design, selection, and arrangement thereof (collectively, “Fyncall Content”), are owned by Fyncall, our licensors, or other providers of such material and are protected by intellectual property laws including copyright, trademark, patent, trade secret, and other proprietary rights.

Unless expressly permitted in these Terms or with our prior written consent, you may not:

Copy, reproduce, modify, adapt, translate, or create derivative works of Fyncall Content
Distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit Fyncall Content
Download Fyncall Content (except for temporary caching or as necessary for intended use)
Reverse engineer, decompile, or disassemble any software or technology underlying the Services
Remove, alter, or obscure any copyright, trademark, or other proprietary notices

3.2 Trademarks

“Fyncall” and our logos, service marks, and trademarks (collectively, “Marks”) are trademarks of Builderson Group Limited. You may not use our Marks without our prior written permission. Other trademarks, service marks, and trade names that may appear on the Website or Services are the property of their respective owners.

3.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Access and use the Website for your internal business purposes
Use the Services in accordance with the Master Subscription Agreement (if you are a customer)

This license does not grant you any ownership rights in the Services or Fyncall Content.

3.4 Feedback

If you provide us with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.

3.5 DMCA and Copyright Complaints

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on our Website or Services infringes your copyright, please send a notice to our designated agent at:

Copyright Agent Email: legal@fyncall.com Subject Line: “DMCA Takedown Request”

Your notice must include:

Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material and its location
Your contact information (name, address, telephone number, email address)
A statement that you have a good faith belief that the use is not authorized
A statement that the information in the notice is accurate
Your physical or electronic signature

4. USER CONTENT

4.1 Definition of User Content

“User Content” means any content, data, information, text, graphics, photos, videos, or other materials that you or other users submit, upload, post, or transmit through the Website or Services, including:

Profile information
Business information and descriptions
Product catalogs and descriptions
Customer service messages and responses
Feedback, reviews, or testimonials
Any other content you provide

4.2 Ownership of User Content

You retain ownership of your User Content. However, by submitting User Content to the Website or Services, you grant us certain rights as described below.

4.3 License to User Content

By submitting User Content, you grant to Fyncall a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content
Incorporate your User Content into the Services
Use your User Content for our business purposes, including improving the Services, marketing, and demonstrations (with identifying information removed)
Use anonymized or aggregated User Content for analytics, benchmarking, and research

This license terminates when you delete your User Content or your account, except for:

Content that has been shared with others and they have not deleted
Anonymized or aggregated data that does not identify you
Backups that will be deleted in the ordinary course

4.4 Representations About User Content

You represent and warrant that:

You own or have the necessary rights to submit User Content
Your User Content does not violate these Terms, any laws, or third-party rights
Your User Content does not contain viruses, malware, or harmful code
You have obtained all necessary consents to submit User Content

4.5 User Content Monitoring

We have no obligation to monitor User Content, but we reserve the right to:

Review, edit, or remove User Content at our discretion
Monitor User Content for compliance with these Terms
Investigate suspected violations
Disclose User Content to comply with legal obligations or protect our rights

We are not responsible for User Content submitted by users, and we do not endorse any User Content or opinions expressed by users.

4.6 Prohibited User Content

In addition to the prohibitions in Section 2.2, you agree not to submit User Content that:

Is false, misleading, or deceptive
Violates export control or economic sanctions laws
Contains personal information of others without consent
Contains confidential information you are not authorized to disclose
Violates any agreement or obligation you have with third parties

5. THIRD-PARTY SERVICES AND LINKS

5.1 Third-Party Services

The Services may integrate with or link to third-party services, including:

E-commerce platforms (e.g., Shopify)
Commerce Channels (e.g., WhatsApp Business API, Instagram)
Payment processors
Analytics services
Other third-party applications and services

Your use of third-party services is subject to:

The third party’s terms of service and privacy policy
Your separate agreements with the third party
Any applicable fees charged by the third party

5.2 No Endorsement

We do not endorse, control, or assume responsibility for third-party services. We provide integration with third-party services for your convenience, but:

We are not responsible for their content, products, or services
We do not guarantee their availability, functionality, or security
We are not liable for any damages resulting from your use of third-party services
Your use of third-party services is at your own risk

5.3 Third-Party Links

The Website may contain links to third-party websites. These links are provided for convenience only. We:

Do not control or endorse linked websites
Are not responsible for their content or practices
Do not make any representations about linked websites
Encourage you to review their terms and privacy policies

5.4 Changes to Third-Party Services

Third-party services may change their terms, policies, features, or APIs at any time. Such changes may affect the Services, and we are not responsible for:

Disruptions caused by third-party changes
Loss of functionality due to third-party changes
Incompatibility with third-party services
Your compliance with updated third-party terms

6. FREE TRIALS AND DEMONSTRATIONS

6.1 Free Trial Terms

We may offer free trials of the Services from time to time. Free trials are subject to:

(a) Eligibility:

Available to new customers only (unless otherwise stated)
One free trial per customer
We reserve the right to determine eligibility

(b) Duration:

Free trial period as specified at sign-up
Begins when you activate the trial
Ends at the specified expiration date

Access to features as specified in the trial offer
May include limitations on usage, features, or functionality
May differ from paid plans

(d) Automatic Conversion:

Free trials may automatically convert to paid subscriptions
You will be charged unless you cancel before trial expiration
Cancellation instructions provided at sign-up
You must cancel at least 24 hours before trial expiration to avoid charges

(e) Data Retention:

Your data will be retained during the trial period
After trial expiration or cancellation, data may be retained according to our retention policies
You should export any data you wish to keep before cancellation

6.2 Trial Limitations

During free trials:

We may limit features, capacity, or usage
Support may be limited compared to paid plans
Service level commitments may not apply
We may terminate trials early for violations of these Terms

6.3 Demonstrations and Sandbox Environments

We may provide demonstration accounts or sandbox environments for testing and evaluation. These are subject to:

No service level commitments
Potential data deletion without notice
Restrictions on commercial use
Different terms than production Services

7. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

7.1 “As Is” and “As Available”

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

7.2 Disclaimers

FYNCALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) Warranties of Merchantability, Fitness for a Particular Purpose, and Non-Infringement

(b) Warranties Regarding:

Accuracy, reliability, or completeness of content
Uninterrupted, timely, secure, or error-free operation
Freedom from viruses or harmful components
Results obtained from using the Services
Correction of defects or errors

Functionality of e-commerce platforms or Commerce Channels
Availability of third-party integrations
Compatibility with third-party services
Actions or omissions of third-party providers

(d) Warranties About AI Features:

Accuracy of AI-generated content
Appropriateness of AI recommendations
Freedom from errors in AI outputs
Fitness of AI features for specific purposes

7.3 No Professional Advice

The Services are not intended to provide and do not constitute:

Legal, financial, tax, or accounting advice
Medical, health, or wellness advice
Professional consulting or advisory services

You should consult appropriate professionals for specific advice tailored to your situation.

7.4 Internet and Technology Risks

You acknowledge and accept the risks inherent in using internet-based services, including:

Internet transmission failures or delays
Data loss or corruption
Unauthorized access despite security measures
Software bugs or vulnerabilities
Compatibility issues with your systems

7.5 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

Evaluating the suitability of the Services for your needs
Your use of the Services and any results obtained
Backing up your data
Securing your account and systems
Compliance with applicable laws

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 Types of Damages Excluded

IN NO EVENT SHALL FYNCALL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(a) Indirect, Incidental, Special, Consequential, or Punitive Damages, including:

Loss of profits, revenue, or business opportunities
Loss of data or information
Loss of goodwill or reputation
Business interruption
Cost of substitute services
Any other indirect or consequential losses

(b) Damages arising from or related to:

Your use of or inability to use the Services
Unauthorized access to your data or account
Statements or conduct of third parties on the Services
Third-party services or integrations
Errors, viruses, or other harmful components
Any content obtained through the Services
Actions or omissions of Commerce Channels or e-commerce platforms

8.2 Damages Cap

FYNCALL’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF:

ONE HUNDRED U.S. DOLLARS (USD $100); OR
THE AMOUNT PAID BY YOU TO FYNCALL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY

8.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION 8 ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND FYNCALL. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

8.4 Exceptions

THESE LIMITATIONS DO NOT APPLY TO:

Liability that cannot be excluded or limited under applicable law
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Gross negligence or willful misconduct
Violations of law that cannot be contractually limited

8.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. INDEMNIFICATION

9.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Fyncall, its Affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors (collectively, “Fyncall Parties”) from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

(a) Your use or misuse of the Website or Services;

(b) Your violation of these Terms;

(d) Your User Content, including any claims that it infringes or violates third-party rights;

(e) Your e-commerce activities and customer relationships, including:

Product liability claims
Consumer protection violations
False advertising or misrepresentation
Failure to fulfill orders or provide refunds
Data breaches affecting end customers

(f) Your communications with end customers through the Services, including:

Spam or anti-spam law violations
Privacy law violations
Harassment or abusive communications

(g) Your violation of Commerce Channel or e-commerce platform terms;

(h) Use of your account by any person, authorized or unauthorized.

9.2 Indemnification Process

We reserve the right to:

Assume exclusive defense and control of any matter subject to indemnification
Require you to cooperate with our defense

You may not settle any claim without our prior written consent.

9.3 Indemnification for Third-Party Tools

If you use any third-party tools or integrations through the Services:

You are solely responsible for your use of such tools
You indemnify us against any claims arising from such use
We are not responsible for third-party tools, even if we recommend them

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, available at https://www.fyncall.com/privacy, which is incorporated into these Terms by reference.

10.2 Data Processing Agreement

If you are a customer using the Services to process personal data of your end customers, you are also subject to our Data Processing Agreement, available at https://www.fyncall.com/dpa.

By using the Website and Services, you consent to:

Our collection and processing of your information as described in the Privacy Policy
International transfer of your data as necessary to provide the Services
Use of cookies and tracking technologies as described in our Privacy Policy

10.4 Your Data Responsibilities

You are responsible for:

Obtaining necessary consents from end customers
Providing appropriate privacy notices
Complying with applicable data protection laws
Handling data subject requests from your end customers

11. TERMINATION

11.1 Termination by You

You may terminate your use of the Website at any time by:

Ceasing to access the Website
Deleting your account (if applicable)
Following the cancellation procedures for Services

11.2 Termination by Us

We may terminate or suspend your access to the Website or Services, with or without notice, for any reason, including:

Violation of these Terms
Fraudulent, illegal, or harmful activity
Violation of Commerce Channel or third-party terms
Extended period of inactivity
Discontinuation of the Services
Any other reason at our sole discretion

11.3 Effect of Termination

Upon termination:

Your right to access and use the Website and Services immediately ceases
We may delete your account and User Content
You remain liable for any outstanding fees or obligations
Sections of these Terms that by their nature should survive will survive

11.4 Data After Termination

After termination:

You may have a limited period to export your data (as specified in the Services)
We will retain or delete your data according to our retention policies
We may retain data as required by law or for legitimate business purposes

12. DISPUTE RESOLUTION AND GOVERNING LAW

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

12.2 Dispute Resolution

12.2.1 Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@fyncall.com. We will attempt to resolve the dispute informally within 30 days.

12.2.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the HKIAC Administered Arbitration Rules.

Arbitration Details:

Location: Hong Kong
Language: English
Number of Arbitrators: One
Governing Rules: HKIAC Administered Arbitration Rules

12.2.3 Class Action Waiver

YOU AND FYNCALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

12.2.4 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

12.3 Jurisdiction

For matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in Hong Kong.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement (if applicable), and Master Subscription Agreement (if applicable), constitute the entire agreement between you and Fyncall regarding the subject matter hereof and supersede all prior agreements and understandings.

13.2 Amendments

We may modify these Terms at any time by posting revised Terms on the Website. Material changes will be effective:

30 days after posting for existing users
Immediately for new users

Your continued use of the Website after changes become effective constitutes acceptance of the revised Terms.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

13.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

13.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

13.7 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.8 Notices

Notices to you may be made via email, regular mail, or postings on the Website. Notices to us should be sent to:

Builderson Group Limited Email: legal@fyncall.com
Address: FLAT/RM B, 1/F, 8 FUK WA STREET SHAM SHUI PO, KL

13.9 Relationship

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Fyncall. You have no authority to bind Fyncall in any way.

13.10 Export Controls

The Services may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations and not to export, re-export, or transfer the Services contrary to such laws.

13.11 Government Use

If you are a government entity, the Services are “commercial computer software” and “commercial computer software documentation” as those terms are defined in applicable regulations, and your rights are limited to those granted to end users generally under these Terms.

13.12 Language

These Terms are provided in English. Any translations are provided for convenience only. In case of conflict between the English version and a translation, the English version prevails.

13.13 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

14. CONTACT INFORMATION

If you have questions about these Terms, please contact us:

Builderson Group Limited

Email: legal@fyncall.com

Support: support@fyncall.com

Website: https://www.fyncall.com

Mail: Builderson Group Limited Attn: Legal Department FLAT/RM B, 1/F, 8 FUK WA STREET SHAM SHUI PO, KL