Terms of Service

These Terms govern your use of JomChats. They are written for businesses. If you are an individual who simply messaged a business using JomChats, these Terms do not apply to you — our Privacy Policy does.

1. The agreement

These Terms of Service ("Terms") form a binding agreement between MyTaxMate Solutions, trading as JomChats ("JomChats", "we", "us", "our"), and the business named in the order form, proposal or written engagement ("you", "Client").

Registered name	MyTaxMate Solutions
Registration no.	202603104965 (JM1043208-T)
Registered address	2-5-13 Desa Green Serviced Apartment, Jalan Desa Bakti, 58100 Kuala Lumpur, Wilayah Persekutuan, Malaysia
Contact	hello@jomchats.com

We may transfer this agreement to a company incorporated in Malaysia to carry on the JomChats business. We will give you written notice if we do. Your rights under this agreement are not reduced by that transfer.

Where we have signed a separate proposal, quotation or order form with you, that document and these Terms are read together. If they conflict, the signed document prevails.

By using the service, creating a JomChats portal account, or allowing us to operate a WhatsApp number for you, you accept these Terms. The person accepting confirms they are authorised to bind the Client.

2. What we provide

JomChats is an AI assistant that receives messages sent to your WhatsApp business number, answers them from information you supply, escalates to your staff when it should, and records the conversation in a portal your team can access. Depending on your plan this may also include lead assignment, appointment booking, reminders, broadcast messaging, and reporting.

We may improve, change or replace features over time. We will not materially reduce the core functionality you are paying for without giving you at least 30 days' written notice.

3. Your Meta account and your WhatsApp number

This is the most important operational term in this agreement, so it is stated plainly.

• You own your Meta assets. Your Meta business portfolio, your Meta app, your WhatsApp Business Account and your phone number are registered in your name and remain yours.
• We configure and operate them on your behalf under a limited access credential you issue to us and can revoke at any time.
• If you leave, you keep your number and your WhatsApp account. There is nothing for us to hand back, because it was never ours.
• A phone number registered to the WhatsApp Business Platform can no longer be used in the ordinary WhatsApp or WhatsApp Business app. We will tell you this before registering; by proceeding you accept it.
• Meta may review, restrict, suspend or terminate your WhatsApp Business Account or your display name under its own policies. That decision is Meta's and is outside our control.

4. Your responsibilities

You agree that:

• you will comply with the WhatsApp Business Messaging Policy, the WhatsApp Business Terms of Service and Meta's platform policies;
• you have a lawful basis, and where required the consent, to message every person you ask us to message;
• you will not use the service to send unsolicited bulk marketing, or to send messages that are unlawful, deceptive, defamatory, obscene, or that infringe another person's rights;
• the content you give the assistant to learn from — prices, specifications, availability, promises — is accurate and current, and you will keep it updated;
• you will keep your portal credentials secure and tell us promptly of any suspected compromise;
• you will honour opt-out requests, and you accept that we will automatically and permanently stop messaging anyone who replies STOP or BERHENTI;
• you will not resell, sublicense or white-label the service without our written agreement;
• you will not attempt to reverse engineer the service, extract its underlying models or prompts, or use it to build a competing product.

5. AI output and its limits

The assistant composes replies using large language models. We build it to answer only from what you have given it, and to hand over to a human rather than guess. That design substantially reduces error. It does not eliminate it.

• You are responsible for reviewing the content you supply and for the commercial accuracy of prices, availability and specifications.
• Replies sent by the assistant are sent from your business's number and are, as between us and third parties, your communications.
• Nothing the assistant says constitutes professional, legal, financial or tax advice from us.
• Where your plan includes human approval of replies, approval is your responsibility once enabled.

6. Fees and payment

• Fees, billing frequency and any usage tiers are set out in the signed proposal or order form.
• Unless stated otherwise, fees are quoted in Malaysian Ringgit and are exclusive of any applicable service tax or other government charge, which will be added where it applies.
• Invoices are payable within 14 days of the invoice date.
• Onboarding and setup fees are earned on commencement of the work and are non-refundable once that work has begun.
• We may charge interest on overdue amounts at 1.5% per month, and may suspend the service on 7 days' written notice if an invoice remains unpaid 30 days after its due date.
• We may revise recurring fees on 60 days' written notice, effective from your next billing period.

7. What Meta charges you

Meta charges for WhatsApp messaging separately and bills you directly using the payment method on your own Meta account. Those charges are set by Meta, vary by message category and country, and can change without our involvement. They are not included in our fees and we do not mark them up.

8. Data protection

For personal data contained in conversations with your customers, you are the data controller and we are the data processor under the Personal Data Protection Act 2010 (as amended). This means:

• we process that data only to provide the service and on your documented instructions;
• we apply the security measures described in our Privacy Policy;
• we impose confidentiality and equivalent security obligations on any sub-processor we engage;
• we will notify you without undue delay on becoming aware of a personal data breach affecting your data, so that you can meet your own notification obligations;
• we will assist you, at your reasonable request, in responding to data subject requests;
• on termination we will delete your data in accordance with clause 14, except where law requires retention.

You warrant that you have issued the notices and obtained the consents required by the PDPA from the individuals whose data you ask us to process, and that you have appointed a Data Protection Officer if you meet the statutory thresholds.

9. Intellectual property

• We own the JomChats platform, software, models, prompts, configurations, documentation and all improvements to them, including anything we develop while building features you requested. Features built during your onboarding may be made available to other clients.
• You own your business content, brand assets, customer data and conversation records.
• You grant us a non-exclusive licence to use your content solely to operate the service for you.
• We may refer to you by name and logo as a customer in our marketing, unless you tell us in writing not to. We will not disclose your commercial terms or your customer data.

10. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law — in which case the disclosing party will give notice where lawful. These obligations survive termination for 3 years, and indefinitely for customer personal data and trade secrets.

11. Availability and support

We aim for high availability but do not guarantee uninterrupted service. Availability depends on third parties including Meta, our AI providers and our hosting providers.

We provide support by email and WhatsApp during Malaysian business hours. We aim to acknowledge issues that stop the assistant from replying within 4 business hours. Any specific service level commitments apply only if written into your signed proposal.

We may perform maintenance, and will give advance notice of planned maintenance likely to interrupt the service.

12. Warranties

We warrant that we will provide the service with reasonable skill and care.

Other than that, and to the fullest extent permitted by law, the service is provided "as is". We do not warrant that the service will be error-free, that every message will be answered correctly, or that it will meet any particular commercial outcome. All other warranties, conditions and terms implied by statute or common law are excluded to the extent permitted.

13. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

Subject to that:

• neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however arising;
• our total aggregate liability arising out of or in connection with this agreement is limited to the total fees you paid us in the 6 months immediately before the event giving rise to the claim;
• we are not liable for charges levied by Meta, for Meta's suspension or restriction of your account, or for any act or omission of Meta.

You will indemnify us against third-party claims arising from your breach of clause 4, from content you supplied, or from your failure to obtain the consents required under clause 8.

14. Term and termination

• The agreement starts on the commencement date in your proposal and continues until terminated.
• Either party may terminate for convenience on 30 days' written notice, unless a minimum term is stated in your proposal.
• Either party may terminate immediately if the other commits a material breach and fails to remedy it within 14 days of written notice, or becomes insolvent.
• On termination, fees accrued to the termination date remain payable. Prepaid fees for periods after termination are refunded on a pro-rata basis, except non-refundable onboarding fees.
• For 30 days after termination we will make your conversation and lead data available for export. After that we delete it within a further 30 days, except where law requires retention.
• Your Meta assets and your phone number are unaffected by termination. They are yours.

15. Suspension

We may suspend the service immediately, with notice as soon as reasonably practicable, if we reasonably believe your use breaches clause 4, creates a security or legal risk, or exposes us to action by Meta. We will restore the service once the cause is resolved.

16. General

• Entire agreement. These Terms and your signed proposal are the whole agreement and supersede prior discussions.
• Changes. We may amend these Terms on 30 days' notice for existing Clients. Continued use after that constitutes acceptance. If a change materially disadvantages you, you may terminate without penalty before it takes effect.
• Assignment. Neither party may assign without the other's written consent, except to a successor of substantially all of its business.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, including outages of Meta, AI providers or telecommunications infrastructure.
• Severability. If a provision is unenforceable, the rest remains in force.
• No waiver. Failure to enforce a right is not a waiver of it.
• No partnership. Nothing here creates a partnership, joint venture or employment relationship.
• Third parties. No person other than the parties has any right to enforce these Terms.
• Notices. Notices must be in writing and sent to the email addresses on record. Email is sufficient.

17. Governing law and disputes

These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia.

Before commencing proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives for at least 14 days.

18. Contact

• Email: hello@jomchats.com
• Privacy and data matters: privacy@jomchats.com
• Web: jomchats.com