Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User", or "Business User") and BALAM AI ("we", "us", "our", "BALAM", or "Company") governing your access to and use of our AI-powered chat widget platform and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

For the purposes of these Terms:

• "Account" means a registered BALAM AI business account.
• "Assistant" means an AI-powered chatbot configured by a Business User.
• "Business User" means an individual or entity that registers for an Account to use our Services.
• "End User" means any person who interacts with a chat widget embedded on a third-party website.
• "Widget" means the embeddable chat interface provided by BALAM AI.
• "Platform" means the BALAM AI web application, APIs, and related infrastructure.
• "Content" means any data, text, audio, or other materials processed through the Services.

3. Description of Services

3.1 Platform Overview

BALAM AI provides a multi-tenant platform that enables Business Users to:

• Create and customize AI-powered chat assistants
• Embed chat widgets on their websites via JavaScript code
• Process voice input and output for conversations
• Integrate with social media messaging platforms (WhatsApp, Messenger, Telegram)
• Access analytics and conversation history through a dashboard

3.2 Widget Embedding

Our Services involve embedding JavaScript code ("Widget Code") on third-party websites. By installing our Widget Code, you acknowledge that:

• The Widget Code will load resources from BALAM AI servers
• End User interactions will be transmitted to our servers for processing
• The Widget operates within an isolated Shadow DOM environment
• You are responsible for disclosing the Widget's presence to your website visitors

3.3 AI-Powered Responses

Our AI assistants generate responses using large language models. You acknowledge that:

• AI responses are generated automatically and may contain errors
• AI assistants should not be relied upon for medical, legal, financial, or other professional advice
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content
• You are responsible for reviewing and customizing AI behavior through assistant instructions

4. Account Registration and Security

4.1 Account Creation

To use certain features of our Services, you must create an Account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your Account information
• Maintain the security of your password and Account credentials
• Accept responsibility for all activities under your Account
• Notify us immediately of any unauthorized access or security breach

4.2 Account Eligibility

You represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• Your use of the Services does not violate any applicable law or regulation
• If representing an organization, you have authority to bind that organization

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials. We will not be liable for any loss or damage arising from your failure to protect your Account.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services:

• In compliance with all applicable local, state, national, and international laws
• In a manner that does not infringe the rights of others
• In accordance with your organization's policies (if applicable)

5.2 Prohibited Uses

You agree NOT to use our Services to:

1. Illegal Activities: Engage in any activity that violates any applicable law, regulation, or these Terms.
2. Harmful Content: Generate, transmit, or store content that:
   • Is defamatory, obscene, pornographic, or offensive
   • Promotes violence, discrimination, or hatred
   • Contains malware, viruses, or harmful code
   • Infringes intellectual property rights of others
3. Deceptive Practices:
   • Impersonate any person or entity
   • Misrepresent the nature of the AI assistant (e.g., claiming it is human)
   • Engage in phishing, fraud, or deceptive schemes
4. System Abuse:
   • Attempt to gain unauthorized access to our systems
   • Interfere with or disrupt the Services or servers
   • Circumvent rate limits or security measures
   • Reverse engineer, decompile, or disassemble any part of the Services
5. Data Misuse:
   • Collect personal data of End Users without proper consent
   • Use the Services to build competitive products
   • Scrape or harvest data from our Platform
6. Spam and Abuse:
   • Send unsolicited messages or spam
   • Harass, abuse, or harm other users
   • Use automated systems to overwhelm the Services

6. Data Responsibilities

6.1 Business User Responsibilities

As a Business User embedding our Widget, you are responsible for:

• Privacy Notices: Providing appropriate privacy notices to End Users about the Widget and data collection
• Consent: Obtaining necessary consents from End Users as required by applicable law (including Malaysia PDPA)
• Assistant Configuration: Ensuring your AI assistants do not request or process sensitive personal data inappropriately
• Allowed Origins: Configuring allowed hosts/origins to prevent unauthorized Widget usage
• Data Accuracy: Ensuring information provided to train or configure assistants is accurate

6.2 BALAM AI Responsibilities

We commit to:

• Processing data in accordance with our Privacy Policy
• Implementing appropriate technical and organizational security measures
• Acting as a data processor on behalf of Business Users for End User data
• Notifying Business Users of data breaches as required by law

6.3 Data Processing Agreement

By using our Services, you agree that these Terms, together with our Privacy Policy, constitute a data processing agreement for the purposes of applicable data protection laws.

7. Social Media Integrations

7.1 Third-Party Platforms

Our Services integrate with third-party social media platforms including WhatsApp, Facebook Messenger, and Telegram. By using these integrations, you agree to:

• Comply with the terms and policies of each respective platform
• Obtain necessary permissions and approvals from the platforms
• Use the integrations only for their intended purposes

7.2 Platform Compliance

You acknowledge that:

• WhatsApp Business API usage must comply with Meta's Business Terms and WhatsApp Business Policy
• Facebook Messenger integration must comply with Meta Platform Terms
• Telegram Bot usage must comply with Telegram's Terms of Service

7.3 No Guarantee of Access

We do not guarantee uninterrupted access to social media integrations. Platform providers may change their APIs, terms, or restrict access at any time.

8. Intellectual Property Rights

8.1 BALAM AI Ownership

We retain all rights, title, and interest in and to:

• The Platform, Services, and underlying technology
• All software, code, designs, and documentation
• The BALAM AI name, logo, and trademarks
• Any improvements or modifications to the Services

8.2 User Content

You retain ownership of:

• Content you upload to configure your assistants (instructions, scraped data, files)
• Your branding and customization choices

You grant BALAM AI a non-exclusive, worldwide license to use, process, and display your Content solely for the purpose of providing the Services.

8.3 End User Content

Chat messages and other content from End Users belong to you (the Business User) as the data controller. We process such content on your behalf as a data processor.

8.4 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation or compensation to you.

9. Fees and Payment

9.1 Pricing

Current pricing for our Services is available on our website or upon request. We reserve the right to modify pricing with reasonable notice.

9.2 Payment Terms

If applicable:

• Fees are due as specified in your subscription or invoice
• All fees are exclusive of applicable taxes unless stated otherwise
• Late payments may incur interest at the maximum rate permitted by law

9.3 Refunds

Refund policies are specified in individual service agreements or on our pricing page.

10. Service Availability and Support

10.1 Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (with reasonable notice when possible)
• Emergency maintenance or security updates
• Factors beyond our reasonable control

10.2 Support

Technical support is provided according to your service level. Contact us at support@balam.ai for assistance.

10.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of material changes when practicable.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

WE DO NOT WARRANT THAT:

• The Services will meet your requirements
• The Services will be uninterrupted, timely, secure, or error-free
• AI-generated responses will be accurate, complete, or suitable for any purpose
• Any defects will be corrected

You acknowledge that AI systems have inherent limitations and may produce incorrect, biased, or inappropriate responses. You are responsible for reviewing and validating AI-generated content before relying on it.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 Exclusion of Damages

IN NO EVENT SHALL BALAM AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Service interruption or computer damage
• Cost of substitute services

12.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to BALAM AI in the twelve (12) months preceding the claim, or
• One hundred Malaysian Ringgit (RM 100)

12.3 Exceptions

These limitations do not apply to liability that cannot be excluded or limited by law, including liability for fraud or gross negligence.

13. Indemnification

You agree to indemnify, defend, and hold harmless BALAM AI and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your Content or the configuration of your assistants
• Any claim by an End User arising from your use of the Services

14. Term and Termination

14.1 Term

These Terms remain in effect until terminated by either party.

14.2 Termination by You

You may terminate your Account at any time by contacting us or using the account deletion feature (if available).

14.3 Termination by Us

We may suspend or terminate your Account immediately, without prior notice, if:

• You breach any provision of these Terms
• Your conduct may harm other users, us, or third parties
• We are required to do so by law
• We discontinue the Services

14.4 Effect of Termination

Upon termination:

• Your right to access the Services ceases immediately
• We may delete your Account and associated data after a reasonable retention period
• Provisions that by their nature should survive (e.g., disclaimers, limitations of liability, intellectual property) shall survive termination

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved as follows:

1. Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.
2. Mediation: If negotiation fails, the parties may agree to mediation.
3. Litigation: If mediation is unsuccessful or not pursued, disputes shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

15.3 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BALAM AI regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it later.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us should be sent to legal@balam.ai.

16.6 Force Majeure

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

17. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to this page with an updated "Last Updated" date.

For material changes, we will provide notice through:

• A prominent notice on our Platform
• Email notification to registered Business Users

Your continued use of the Services after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and terminate your Account.

18. Contact Information

For questions or concerns about these Terms, please contact us:

• Email: admin@ibalam.ai
• General Support: admin@ibalam.ai