1. Overview
These Terms of Service ("these Terms") govern a business's use of BRAND ("the Service"), operated by SmartClinic AI HK Limited ("the Company", "we", "us"). By using the Service, a business agrees to these Terms. Where a separate service agreement between the parties conflicts with these Terms, the service agreement prevails.
2. The Service
Through the WhatsApp Business Platform, Messenger Platform and Instagram messaging APIs, the Service gives businesses a message inbox, automated replies, broadcast messages, coupon codes, customer tags and reports. The features available depend on the plan agreed between the parties. Features may change as the Service develops, and we will give reasonable advance notice of material changes.
3. Business Responsibilities
- Comply with Meta's WhatsApp Business Policy, the Messenger and Instagram platform policies, and applicable law
- Send promotional messages only to customers who have agreed to receive them, and honour opt-out requests
- Give customers a Personal Information Collection Statement and have a lawful basis for handling their data
- Keep the information provided to the Service, including facts used for AI replies and promotion terms, accurate and up to date
- Not use the Service to send fraudulent, misleading, harassing or unlawful content
- Keep staff login details secure and take responsibility for activity under their accounts
4. Automated Replies
The Service's AI replies to customers only with information the business has approved, and passes other questions to the business's staff. The business is responsible for the content it approves and should review and update it regularly.
5. Fees
The business shall pay service fees according to the agreed plan and quote. If payment is overdue, the Company may suspend or restrict the account and will restore service promptly once payment is received.
Meta charges WhatsApp message fees directly to the business at its published rates. These fees are not part of the Company's charges.
6. Availability
We aim to keep the Service running reliably, but it depends on third-party platforms, including Meta and Google Cloud Platform. Where interruptions, policy changes or other factors outside our reasonable control affect the Service, we will help the business understand the situation and look for alternatives, but we are not liable to compensate for such interruptions.
7. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability to a business arising from the Service is limited to the service fees the business paid in the month before the event giving rise to the claim. The Company is not liable for indirect, incidental or consequential losses. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.
8. Term and Termination
The Service is provided for the term agreed between the parties. A business may cancel under its service agreement. The Company may suspend or terminate the Service, after reasonable notice, if a business materially breaches these Terms, for example by using the Service to send non-compliant messages. After termination, data is handled and deleted as described in our Privacy Policy.
9. Changes to These Terms
We may update these Terms to reflect changes in law, technology or our business. Material changes will be announced on this website, and the "Last updated" date above will change. Continued use of the Service after a change means the business accepts the updated Terms.
10. Governing Law
These Terms are governed by the laws of the Hong Kong Special Administrative Region. The parties will first try to resolve any dispute in good faith; if that fails, the dispute will go to the courts of Hong Kong.
11. Contact Us
SmartClinic AI HK Limited
Email: info@smartclinicaihk.com