Terms of Use.

The agreement between you and us.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", "Customer") and TNT The Next Tech Sdn Bhd, trading as David AI Marketing ("we", "us", "our"). By accessing or using our website at davidaimarketing.com or any related services (collectively, the "Service"), you agree to be bound by these Terms.

If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation. If you do not agree to these Terms, do not use the Service.

2. Definitions

• "Content" means any text, images, files, media, data, or other materials uploaded, transmitted, or displayed through the Service.
• "Customer Data" means any data, including personal data, that you or your end users submit to the Service.
• "End User" means any individual who interacts with you through the Service.
• "Subscription" means the paid plan you select for access to the Service.

3. Account Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorised use of your account.
• Ensuring that all users within your workspace comply with these Terms.

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. The Service

David AI Marketing provides AI-driven marketing systems and consulting services to help businesses scale through automation. The Service includes, but is not limited to:

• Conversational AI chatbots across messaging platforms (WhatsApp, web, Instagram, SMS).
• Operational AI agents and workflow automation.
• AI analytics, dashboards, and insights tooling.
• Strategy, advisory, and implementation services.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

5. Permitted Use

You may use the Service only for lawful business purposes in compliance with these Terms, all applicable laws, and the policies of any third-party platforms integrated with the Service (including Meta's and WhatsApp's policies). You agree to:

• Obtain all necessary consents from End Users before sending messages.
• Use the Service in accordance with applicable anti-spam laws (e.g., CAN-SPAM, GDPR, PDPA).
• Respect End User opt-out and unsubscribe requests promptly.
• Maintain accurate records of consent where required by law.

6. Prohibited Use

You shall not, and shall not permit any third party to:

• Use the Service to send unsolicited messages (spam) or messages without proper consent.
• Transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation.
• Use the Service to distribute malware, phishing content, or fraudulent schemes.
• Attempt to gain unauthorised access to the Service, other accounts, or related systems.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service in a manner that could damage, disable, overburden, or impair our infrastructure.
• Resell, sublicense, or redistribute the Service without our prior written consent.
• Violate Meta's, WhatsApp's, or any other third-party platform's terms, policies, or guidelines.
• Use the Service for any illegal activities, including but not limited to violations of export control or sanctions regulations.

7. Third-Party Platform Terms

Where the Service involves access to third-party APIs (such as the WhatsApp Business API provided by Meta Platforms, Inc.), in addition to these Terms you agree to comply with:

• The applicable Terms of Service and Business Policy as published by the third-party provider.
• All message template approval requirements and formatting guidelines.
• Any messaging limits, quality rating requirements, and escalation procedures.

You acknowledge that:

• Third-party providers may modify their policies at any time, and such changes may affect the availability or functionality of the Service.
• David AI Marketing is not responsible for any actions taken by third-party providers, including but not limited to phone number bans, account suspensions, or policy enforcement actions.
• You are solely responsible for ensuring your messaging content and practices comply with all relevant policies.
• Message delivery is subject to third-party infrastructure and is not guaranteed by David AI Marketing.

8. Intellectual Property

All rights, title, and interest in and to the Service, including all associated intellectual property rights, remain with David AI Marketing and its licensors. These Terms do not grant you any rights to use our trademarks, logos, or brand features without prior written consent.

You retain all rights to your Customer Data. By using the Service, you grant us a limited, non-exclusive licence to process your Customer Data solely for the purpose of providing and improving the Service.

Feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

9. Payment Terms

9.1 Subscription Fees

Fees for the Service are set out in your order form or proposal. All fees are quoted in the currency specified and are exclusive of applicable taxes unless stated otherwise.

9.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
• Usage-based charges are billed in arrears.
• All payments are processed through our third-party payment provider.

9.3 Late Payment

If payment is not received by the due date, we reserve the right to suspend your access to the Service until outstanding amounts are settled. We may charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

9.4 Refunds

Subscription fees are generally non-refundable. Refunds may be issued at our sole discretion on a case-by-case basis.

10. Termination

10.1 By You

You may cancel your engagement at any time by contacting us. Cancellation takes effect at the end of your current billing period.

10.2 By Us

We may suspend or terminate your access to the Service immediately if:

• You breach these Terms or any applicable law.
• Your use of the Service poses a risk to other users, our infrastructure, or third-party platforms.
• You fail to pay fees when due after notice.
• We are required to do so by law or by a third-party platform.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will make your Customer Data available for export for 30 days following termination, after which it may be permanently deleted. Sections that by their nature should survive termination (including Sections 8, 11, 12, 13, and 14) will survive.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL DAVID AI MARKETING, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, OR GOODWILL.
• OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DAVID AI MARKETING DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless David AI Marketing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Your Customer Data or Content.
• Any messages sent through the Service by you or your agents.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and David AI Marketing.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: Neither party shall be liable for failures or delays resulting from circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet infrastructure failures.
• Notices: We may provide notices to you via email or through the Service. Notices to us should be sent to david@davidaimarketing.com.

16. Contact Us

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

TNT The Next Tech Sdn Bhd (trading as David AI Marketing)
2-25, The Cube, Jalan Puteri 7/15
Bandar Puteri, Puchong, Selangor 47100, Malaysia
Email: david@davidaimarketing.com
Website: davidaimarketing.com