Terms of Service

1. Acceptance

By creating an account, or by using the EezieLead app, our website, or any of our free tools (together, the "Service"), you agree to these Terms. If you are using the Service on behalf of a business, you confirm you are authorised to bind that business to these Terms. If you do not agree, do not use the Service.

2. Who we are

The Service is operated by Alchemistic Cloud (Malaysian sole proprietorship, SSM No. 202403173449), contactable at [email protected] ("we", "EezieLead").

3. The Service

EezieLead provides:

• An AI agent that answers your customers' WhatsApp messages, grounded in the FAQ, product, and knowledge-base content you provide.
• A shared inbox where your team can monitor conversations and take over from the AI at any time.
• Lead and contact records built automatically from conversations.
• Orders and quotations built from your conversations, with stock levels tracked against your product list.
• A follow-up message composer for sending approved WhatsApp templates within WhatsApp's messaging rules.
• A connection to your WhatsApp Business Account through Meta's embedded signup.
• An optional connection to a third-party accounting provider you already use, on paid plans (see clause 7).

The Service is a software tool. It is not a party to your relationship with your customers, and it is not legal, medical, financial, or other professional advice — to you or to the customers your agent talks to.

We do not process payments from your customers. An order's payment and fulfilment status is a record that you or your AI agent maintain inside the Service. Money never moves through us. Collecting payment from your customer, and any refund of it, is entirely between you and them.

4. Your responsibilities

You acknowledge and agree that:

1. Your messages are your responsibility. Every message sent from your WhatsApp number through the Service — including messages drafted by the AI — is your communication to your customer. You are responsible for its content, accuracy, and lawfulness.
2. The AI can be wrong. AI replies may be inaccurate, incomplete, or inappropriate. You are responsible for configuring your agent and knowledge base, monitoring conversations, and using human takeover. Do not rely on the AI to give regulated advice (such as medical, legal, or financial advice) to your customers.
3. You must have permission to message your customers. You need a lawful basis and the necessary opt-in to contact your customers on WhatsApp, and you must give them your own privacy notice. You are the data controller for your customers' data (see the Privacy Policy).
4. You must follow WhatsApp and Meta's rules. You will comply with the WhatsApp Business Messaging Policy, Meta's terms, and all applicable anti-spam laws. No spam, no unsolicited messaging, and no prohibited content. Your WhatsApp Business Account is governed by your own agreement with Meta. By using the Service you also agree to the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, and Meta's other terms for the WhatsApp Business Platform, as Meta updates them from time to time. Where those terms conflict with these Terms about your use of WhatsApp, Meta's terms prevail.
5. You must keep your information accurate and your account secure. This includes your business details, your knowledge base, and access to your account and connected WhatsApp number.
6. You will not use the Service fraudulently or abusively. Doing so is a material breach of these Terms; we may suspend or terminate your account immediately.

5. Your customers' data: what we do with it

Clause 4.3 makes you the controller of your customers' data. This clause says what we do with it and what we commit to. It covers the WhatsApp conversations, contacts, leads, orders, and media that pass through your connected number. It does not cover your own account and billing data, where we are the controller and the Privacy Policy governs.

1. Our role. You are the data controller. We are your data processor.
2. Instructions. We process your customers' data only to provide the Service to you and as these Terms describe. If you instruct us to do something we believe breaks the law, we will tell you and may refuse.
3. Confidentiality. Access is limited to authorised personnel who are bound to keep it confidential.
4. Security. We keep appropriate technical and organisational measures in place. The Privacy Policy describes the current ones.
5. Sub-processors. You authorise the sub-processors named in the Privacy Policy. We keep that list current, and we will tell you before a new one starts handling your customers' data.
6. Requests from your customers. If one of your customers asks for their data, or asks you to correct or delete it, answering is yours to do. We will help you as far as we reasonably can.
7. Security incidents. If we become aware of a breach affecting your customers' data, we will tell you without undue delay and give you what we know at the time, so you can meet your own duty to notify the Commissioner and the people affected. Making those notifications is yours to do, because you are the controller. We will make any notification the law requires of us as processor.
8. Deletion. On termination we handle the data under the Privacy Policy retention rules. Ask us for an export before your access ends. Clause 15.3 covers what happens if we discontinue the Service.
9. This clause does not change clause 18. Our liability under it is capped the same way.

6. The AI and Meta — what we are not, and what we don't control

EezieLead gives you tools to run AI conversations over WhatsApp. That is a technical role, not a guarantee of outcomes. Specifically:

• We are not a party to your conversations with your customers, a customer-service agent, or a professional advisor to you or your customers.
• We do not guarantee that AI replies are correct, complete, or fit for any particular purpose.
• We do not control Meta. Your WhatsApp number's quality rating, messaging limits, template approvals and rejections, the 24-hour customer-service window, Meta's own messaging prices, and any suspension of your WhatsApp Business Account are Meta's decisions. We are not liable for them.

7. Integrations you connect

On paid plans you may connect your own account with a third-party accounting provider (currently Bukku). This is optional and entirely at your initiative. If you connect one:

• You supply the credentials for your account with that provider, and you authorise us to exchange data with it on your behalf.
• We send that provider the customer and order information needed to create your sales records — including your customer's name, phone number, and order line items — and we copy your product, price, and stock information back into the Service.
• That provider is not our sub-processor. Your relationship with them is governed by their terms and privacy policy, not ours. We are not liable for their acts, omissions, outages, pricing, or handling of your data.
• You may disconnect at any time from your settings. Disconnecting stops any further exchange of data, but it does not retract or delete information already sent to that provider — you manage that with them directly.

You are responsible for having a lawful basis to send your customers' data to a provider you connect.

8. Service availability and third-party dependencies

We aim to keep the Service available but make no uptime guarantee. The Service depends on third parties outside our control — in particular Meta's WhatsApp Business Platform, Google's Gemini API, and any accounting provider you have connected. We are not liable for delays, outages, or changes caused by those services, your network, or your customers' devices. Do not rely on the Service for time-critical messaging.

9. Accounts and security

You create your account with your Meta (Facebook) login, as part of connecting your WhatsApp Business Account through Meta's embedded signup. After that, you sign back in with a secure magic link sent to your email. Keep both your Meta login and that inbox secure, do not share your account, and tell us immediately at [email protected] if you suspect unauthorised access. You are responsible for all activity under your account.

10. Acceptable use

You agree not to:

• Send spam or unsolicited messages, or otherwise breach the WhatsApp Business Messaging Policy.
• Send illegal, deceptive, harmful, or infringing content.
• Use the AI to impersonate another person or business, or to mislead your customers about who they are dealing with in a way that breaks the law.
• Present your AI agent as a human where the law, your industry's rules, or WhatsApp's own policies require you to tell customers they are dealing with an automated system. Your settings include a control for how the agent answers that question, and how you set it is your decision.
• Reverse-engineer, scrape, or attempt to extract source code from the Service.
• Resell or sublicense the Service without our written consent.
• Use the Service, or any free feature or tier, in a way that places a disproportionate load or cost on our systems. This includes automated or scripted access, repeatedly hitting a rate limit, and deliberately triggering operations you have no genuine business use for.
• Hold more than one free account for the same business, or open a new account to reset a used allowance, avoid a limit, or continue after a suspension.
• Access the Service other than through the interfaces we provide, or interfere with its security, integrity, or availability to other users.
• Use the Service to violate any applicable law.

We may suspend or terminate accounts that breach this clause without prior notice.

11. Fair use, rate limits, and suspension

1. Fair use. The Service, and the free tier in particular, is offered on the basis of ordinary business use. We apply rate limits and usage limits to protect it, and we may set or change them at any time.
2. Suspension at our discretion. We may suspend, throttle, or restrict any feature or account immediately and without prior notice where we reasonably believe it is being used abusively or fraudulently, in breach of clause 10, in a way that is materially disproportionate or unusually costly for us to serve, or in a way that threatens the security of the Service or our standing with Meta. We decide this on our own logs and reasonable judgement, and we do not have to demonstrate loss first. We will tell you what happened where we reasonably can, and restore access once we are satisfied the cause is resolved.
3. The free tier is revocable. The free tier is a courtesy, not a contractual entitlement. We may change, limit, or withdraw it, for all users or for your account alone, at any time, without notice and without refund.
4. Effect. Suspension or restriction under this clause is not a breach of these Terms by us, and gives you no right to a refund or credit. Fees on a paid Plan continue to run for the period of the suspension.

12. Plans and usage-based billing

The Service offers a free tier and paid plans ("Plans") — currently Free, Starter, Growth, and Enterprise. Each plan's features, prices, and included allowance of AI conversations are described in the app when you sign up and may change with reasonable notice. AI conversations are metered against your plan's allowance. Paid Plans are billed in advance via Stripe.

A conversation counts once per calendar month, however many times the AI answers in it. Two things draw on the allowance: replies the AI sends, and the lead record it builds by reading a conversation once that conversation goes quiet. Both run on a paid AI model, so both are metered. A conversation the AI has already replied to is not counted a second time when its lead is built.

Images, audio, and documents from your conversations are kept for 90 days on a paid plan and 30 days on the free plan, after which we delete the files. The text of the conversation stays. The windows are set out in the Privacy Policy.

13. Billing, overage, cancellation, and refunds

1. Paid Plans renew automatically at the end of each billing period (monthly or annual, as selected) until you cancel.
2. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you keep paid access until then.
3. Overage. If you use up your plan's included AI conversations before the period ends, the AI will pause its automatic replies until the next period or until you upgrade. You can still reply manually. We will not charge you surprise overage fees. The AI also stays silent whenever you have paused it yourself and whenever your knowledge base is empty — in both cases it is safer for it to say nothing than to guess.
4. Lead building waits, it is not cancelled. While you are over the allowance, conversations that go quiet stay in the queue instead of being built into leads. When the next period starts or you upgrade, they are picked up and processed. Nothing is thrown away, and the conversation itself is always kept in full.
5. Meta's fees are separate. Meta charges you directly for WhatsApp messages sent through your own WhatsApp Business Account, at Meta's rates, which Meta may change. Meta decides what is billable, including whether replies sent inside the 24-hour customer-service window are charged for, and Meta has announced that they will be. That applies whether the reply is sent by you or by the AI. We do not collect, control, or mark up those fees, and your subscription does not include them.
6. No refunds. Fees already paid are non-refundable except where required by law or under clause 16. This includes partial periods, unused allowance, and downgrades.
7. We may change prices with at least 30 days' notice for the next billing period. Continued use after the change means you accept it.
8. If a payment fails, we may suspend paid features until payment is restored. After 30 days of non-payment, the account is downgraded to the free tier.

14. Intellectual property

EezieLead, including its software, designs, trademarks, and documentation, is owned by Alchemistic Cloud. We grant you a non-exclusive, non-transferable, revocable licence to use the Service for your business during your subscription. Your data and knowledge base remain yours — you grant us the limited licence needed to host, process, transmit, back up, and display them as part of providing the Service, including sending the relevant content to Google's Gemini API to generate replies.

15. Termination

You may close your account at any time by emailing us at [email protected] from the address on your account. We may suspend or terminate your account if you materially breach these Terms, fail to pay, use the Service unlawfully, breach clause 10, or trigger clause 11.2. We may also close a free account on 30 days' notice for any reason. On termination we stop sending and receiving WhatsApp messages on your behalf, and you should disconnect your WhatsApp Business Account from the Service. Your data is then handled under the Privacy Policy retention rules.

Inactive free accounts

While your number is connected to us, WhatsApp keeps delivering your messages to our servers and we keep paying to receive and store them, whether or not anyone is using EezieLead. So for free accounts only, the following applies. Paid accounts are not affected for as long as they are paid.

1. After 90 days with no AI replies, no messages sent from your EezieLead inbox, and no changes to your settings or knowledge base, we treat the account as inactive and email the address on it. Media retention may be shortened. Everything else keeps working, and coming back reverses it.
2. After a further 30 days of the same, we may disable the account. EezieLead then stops sending and receiving on your number, and we remove the connection between your number and EezieLead.

To be clear about what disabling does not do, because this is the part worth getting right. Your WhatsApp Business Account, your phone number, and your chat history on Meta's side are yours and are untouched. If you reply from the WhatsApp Business app on your phone, that carries on exactly as before. The only thing that ends is the link to EezieLead.

Your EezieLead data is retained under the Privacy Policy, not deleted, and you can email us to turn the account back on. Deleting your data is a separate thing that only happens when you ask us to delete it or to close your account.

16. Discontinuation of the Service

1. We may suspend or permanently discontinue the Service, in whole or in part, at any time and for any reason, including where it is no longer commercially viable for us to continue operating it.
2. Where we permanently discontinue the Service, we will give you at least 30 days' notice by email and in-app where reasonably practicable, except where a shorter period is required by law or circumstances outside our control.
3. Before access ends, we will give you a reasonable export window. During it we will send you your conversations, contacts, and leads in a machine-readable file on request. You are responsible for asking for it and for keeping your own records before that window closes.
4. If we permanently discontinue a paid Plan that you have prepaid, we will refund the unused, prepaid portion of your fees on a pro-rata basis. This is the only exception to the no-refund rule in clause 13, and it is your sole remedy for the discontinuation.
5. Discontinuing the Service in accordance with this clause is not a breach of these Terms, and our liability in connection with it remains subject to clause 18.

17. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. We do not warrant that the Service will meet your requirements, that any AI reply will be correct or appropriate, or that Meta will deliver, approve, or accept any message.

18. Limitation of liability

To the fullest extent permitted by law:

1. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including (without limitation) lost profits, lost data, lost goodwill, losses arising from AI-generated messages, losses arising from Meta or WhatsApp actions (such as number bans or undelivered messages), business interruption, or third-party claims, even if we have been advised of the possibility of such damages.
2. Our total aggregate liability for any and all claims arising out of or relating to the Service or these Terms is capped at the greater of (a) the total fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) RM 1,000.
3. Nothing in these Terms limits liability that cannot be excluded under Malaysian law (such as for death, personal injury caused by negligence, or fraud).

19. Indemnity

You agree to indemnify, defend, and hold harmless Alchemistic Cloud, its proprietor, and its personnel from any claim, loss, liability, penalty, fine, or expense (including reasonable legal fees) arising from:

• The messages sent through the Service from your WhatsApp number, including messages drafted by the AI;
• Your breach of the WhatsApp Business Messaging Policy, Meta's terms, or any applicable law;
• Your collection and handling of your customers' data;
• Your use of the Service in a way that infringes another party's rights.

20. Changes to the Service and these Terms

We may update the Service and these Terms. Material changes to the Terms will be notified by email and in-app at least 14 days before they take effect. Continued use after the effective date means you accept the updated Terms.

21. Governing law and jurisdiction

These Terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that we may seek injunctive relief in any competent court to protect our intellectual property.

22. Miscellaneous

• Entire agreement: these Terms (with the Privacy Policy) are the entire agreement between you and us regarding the Service.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: failing to enforce a right does not waive it.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a sale of the business.

23. Contact

Alchemistic Cloud (SSM 202403173449) — [email protected] or WhatsApp +60 17-476 8893.