Terms of Service
Last updated: 2 November 2026. Effective date: 2 November 2026. These terms are available in Chinese, English and Malay; if they differ, the English version prevails.
1. Scope
These terms apply to the KaunterAI service provided by KAUNTER AI STUDIO (SSM Reg. No.: AS0524213-W) ("we"; KaunterAI is a brand of KAUNTER AI STUDIO (AS0524213-W)) to merchants, and form part of the signed service agreement (including the Data Processing Addendum). Pricing and scope are set in that agreement; if they conflict, the signed agreement prevails.
2. The service
KaunterAI connects a merchant's WhatsApp, Messenger, Instagram and website chat, answers with the merchant's approved replies first, and uses AI or hands off to staff when needed. The AI only answers questions about the merchant's products, prices, opening hours, bookings and similar business matters; it is not a general-purpose chatbot, and a hand-off to staff is always available.
3. Merchant responsibilities
- As data user, lawfully obtain and manage customer data and give customers any required notices (including use of AI and processing abroad);
- Ensure customers have opted in to receive WhatsApp messages;
- Comply with Meta's Platform Terms, the WhatsApp Business Policy and applicable law;
- Review and take responsibility for approved replies and knowledge base content, and keep prices and hours up to date;
- Keep account credentials secure.
4. Data processing
As data processor we process customer data only on the merchant's instructions; we do not use it to train or improve any AI model; sub-processors are listed in the Privacy Policy; we notify the merchant within 24 hours of discovering a personal data breach; and within 90 days after the service ends we delete or return the data at the merchant's choice (except where the law requires us to keep it). Details are in the DPA.
5. AI replies
Customer service may be assisted by AI, and AI-generated replies can be wrong; customers can ask for a human at any time. Merchants should set hand-off rules and supervise replies. For prices, orders, medical, legal or other important matters, staff confirmation prevails.
6. Quotas and fees
Each merchant has an AI reply quota and budget cap: a warning at 80%, and at 100% AI replies stop and conversations go to staff. Fees are as set in the written agreement.
7. Prohibited use
No spam, fraud, illegal goods or services, content that breaches Meta policies, or general-purpose AI chat. We may suspend accounts that break these rules.
8. Third-party services
The service relies on Meta, cloud hosts and AI model providers. We are not liable for their outages or policy changes, but will help where we can. If a Meta policy change disables a feature, we may adjust or suspend it and refund prepaid fees pro rata.
9. Limitation of liability
To the extent permitted by law, we are not liable for indirect or consequential loss, and our total liability is capped at the fees paid by the merchant in the 12 months before the event giving rise to the claim. This cap does not apply to loss caused by our fraud, wilful misconduct or breach of data protection obligations, or to liability that cannot be limited by law.
10. Termination
Either party may terminate as set in the written agreement. After termination, data is handled under section 4 and the Privacy Policy.
11. Governing law
These terms are governed by the laws of Malaysia, and the courts of Johor Bahru, Malaysia have non-exclusive jurisdiction over any dispute.
12. Contact
hello@kaunterai.com