Terms of Service

1. About these terms

These terms are an agreement between Fivooo ("we", "us") and the Customer. If you accept them on behalf of an organisation, you confirm that you have authority to bind it.

2. Definitions

• "Service" means the Fivooo application, the Fivooo WhatsApp channel and related support.
• "Customer" means the organisation that subscribes to the Service.
• "Customer Data" means the data the Customer and its Users enter into or send through the Service.
• "User" means a person the Customer allows to use the Service.
• "Outlet" means a location, such as a restaurant, kitchen or warehouse, that the Customer sets up in the Service.
• "Order Form" means a written order or proposal, including by email, that we and the Customer have both accepted.

3. Accounts and users

The Customer is responsible for its Users, their credentials and the permissions it gives them. Keep credentials confidential.

A WhatsApp number may be linked to a User only if that User controls the number. Tell us promptly at hello@fivooo.ai if you suspect unauthorised access.

4. Subscription and fees

The Service is priced per Outlet per month, as shown in the pricing section of our website or in an Order Form. Fees are billed monthly in advance, in Malaysian Ringgit, and exclude SST and any other taxes.

If a payment is late we may suspend the Service after 14 days' written notice. We will give 30 days' notice of any price change.

5. Demo environment

The demo is a shared account. Its data may be reset at any time and may be seen by others. Do not enter confidential or real business data into it. The demo is provided as is.

6. Customer Data

The Customer owns its Customer Data. The Customer gives us the right to process it only to provide and support the Service. For personal data within it, we act as processor, as described in our Privacy Policy.

The Customer can export its Customer Data during the term and for 30 days after it ends. We delete it within 90 days after termination, except where the law requires us to keep it.

7. WhatsApp channel

The WhatsApp channel is optional. It relies on Meta's WhatsApp Business Platform, so its availability is outside our control. Users must comply with WhatsApp's terms.

An action confirmed over WhatsApp has the same effect as the same action taken in the app. Standard mobile data charges may apply. We do not send promotional WhatsApp messages without opt-in.

8. Acceptable use

The Customer and its Users must not:

• use the Service unlawfully;
• reverse engineer or attempt to extract the source code of the Service;
• circumvent usage limits or security controls;
• resell or sublicense the Service without our written agreement;
• upload malware or other harmful code; or
• upload content that infringes anyone's rights.

9. Figures and reports

The Service calculates costs, stock levels and reports from the data the Customer provides. It is not accounting, tax or legal advice. The Customer is responsible for verifying any figure it uses in a statutory filing.

10. Availability and support

Fivooo is pre-launch. Unless an Order Form says otherwise, the Service is provided without a service-level commitment. We may carry out maintenance, and we will use reasonable efforts to keep the Service available and to respond to support requests.

11. Third-party services

Integrations with third-party services, such as a point-of-sale system, are governed by that third party's terms. We are not responsible for them.

12. Intellectual property

We own the Service and everything in it, other than Customer Data. If the Customer gives us feedback, we may use it freely to improve the Service.

13. Confidentiality

Each party must keep the other's confidential information confidential, use it only for the purposes of these terms, and disclose it only to those who need it or where the law requires.

14. Warranties and disclaimers

The Service is supplied for business purposes; to the extent permitted by law, the Consumer Protection Act 1999 does not apply.

Beyond what these terms expressly state, the Service is provided as is, and we exclude all other warranties to the extent the law allows.

15. Limitation of liability

Our total liability arising from or in connection with these terms is limited to the fees the Customer paid in the 12 months before the claim arose.

We are not liable for indirect or consequential loss, lost profits, or lost data beyond restoring it from our backups.

Nothing in these terms limits liability that cannot be limited by law.

16. Indemnity

The Customer will indemnify us against claims and losses arising from Customer Data that is unlawful or infringing, or from the Customer's or its Users' misuse of the Service.

17. Term and termination

The subscription runs month to month and renews automatically. The Customer can cancel at any time, effective at the end of the current billing period.

Either party may terminate on written notice if the other commits a material breach and does not remedy it within 14 days of notice.

When the agreement ends, access to the Service ends, the export window in section 6 applies, and fees already accrued remain payable.

18. Changes to these terms

We may change these terms. We will give 30 days' notice of material changes.

19. Governing law and disputes

These terms are governed by the laws of Malaysia. The courts of Kuala Lumpur have jurisdiction over any dispute.

20. General

• Entire agreement: these terms and any Order Form are the whole agreement. If they conflict, the Order Form prevails.
• Assignment: the Customer may not assign its rights without our consent.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices: notices may be given by email.
• Severability: if a provision is unenforceable, the rest remains in effect.
• No waiver: a failure to enforce a right is not a waiver of it.

21. Contact

Email hello@fivooo.ai.