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Terms of Service

Last Updated: January 25, 2026

Effective Date: January 25, 2026

Agreement to Terms​

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and Fyncall Ltd. ("Fyncall," "we," "us," or "our") governing your access to and use of the Fynchat platform, including our website, Shopify application, APIs, chat widget, WhatsApp integration, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Description of Service​

1.1 Platform Overview​

Fynchat is an AI-powered customer service and conversational commerce platform that enables Merchants to:

  • Provide automated customer support via AI agents
  • Communicate with customers through WhatsApp, chat widgets, and other channels
  • Integrate with e-commerce platforms (including Shopify)
  • Enable conversational shopping and checkout experiences
  • Manage customer inquiries and support tickets
  • Access analytics and performance insights

1.2 Service Components​

The Service includes:

  • Fynchat Dashboard: Web-based management interface
  • Chat Widget: Embeddable customer communication widget
  • Shopify App: Integration with Shopify stores
  • WhatsApp Integration: Business messaging capabilities
  • AI Agents: Automated customer service responses
  • APIs: Programmatic access to Service functionality

2. Account Registration and Security​

2.1 Account Creation​

To use the Service, you must:

  • Provide accurate, current, and complete registration information
  • Maintain and update your information to keep it accurate
  • Be at least 18 years old or the legal age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts

2.2 Account Security​

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Using strong, unique passwords and enabling available security features

2.3 Account Restrictions​

You may not:

  • Share account credentials with unauthorized parties
  • Create multiple accounts to circumvent restrictions
  • Use another person's account without permission
  • Transfer your account to another party without our consent

3. Acceptable Use Policy​

3.1 Permitted Uses​

You may use the Service for lawful business purposes, including:

  • Providing customer support to your customers
  • Managing e-commerce operations
  • Communicating with customers about orders, products, and services
  • Processing legitimate business transactions

3.2 Prohibited Uses​

You agree NOT to use the Service to:

Illegal Activities:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in fraud, money laundering, or other illegal transactions
  • Sell or promote illegal products or services

Harmful Content:

  • Transmit malware, viruses, or harmful code
  • Send spam, unsolicited messages, or bulk communications
  • Distribute content that is defamatory, harassing, or threatening
  • Share content that exploits or harms minors

Platform Abuse:

  • Attempt to gain unauthorized access to the Service or other systems
  • Interfere with or disrupt the Service or servers
  • Circumvent security measures or access controls
  • Reverse engineer, decompile, or disassemble the Service
  • Scrape, data mine, or automatically collect data from the Service

Misrepresentation:

  • Impersonate any person or entity
  • Misrepresent your affiliation with any person or entity
  • Provide false information to us or third parties

4. AI Services and Limitations​

4.1 AI-Powered Features​

Our Service uses artificial intelligence to:

  • Generate automated responses to customer inquiries
  • Provide product recommendations
  • Classify and route support tickets
  • Analyze conversation sentiment

4.2 AI Limitations​

You acknowledge that:

  • AI responses may occasionally be inaccurate or inappropriate
  • AI is a tool to assist, not replace, human judgment
  • You are responsible for reviewing AI configurations and responses
  • Critical decisions should involve human oversight

4.3 Human Takeover​

You can configure the Service to:

  • Escalate complex inquiries to human agents
  • Allow customers to request human assistance
  • Automatically route certain topics to humans

5. Fees and Payment​

5.1 Subscription Plans​

  • The Service is offered through various subscription plans
  • Plan features, limitations, and pricing are described on our website
  • We may offer free trials or promotional pricing at our discretion

5.2 Billing​

  • Subscription fees are billed in advance on a monthly or annual basis
  • Payment is due upon invoice or as specified in your subscription
  • All fees are quoted and payable in the currency specified

5.3 Price Changes​

  • We may change prices with 30 days' notice
  • Price changes take effect at the start of your next billing cycle
  • Continued use after a price change constitutes acceptance

5.4 Refunds​

  • Subscription fees are generally non-refundable
  • We may offer pro-rata refunds at our discretion
  • Free trial periods can be cancelled without charge

6. Intellectual Property​

6.1 Our Intellectual Property​

The Service, including all software, designs, text, graphics, logos, and other content, is owned by Fyncall or our licensors and is protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service for your business purposes during your subscription.

6.2 Your Content​

You retain ownership of content you submit to the Service ("Your Content"). By submitting content, you grant us a worldwide, non-exclusive license to use, store, and process Your Content to provide the Service.

6.3 Restrictions​

You may not:

  • Copy, modify, or distribute the Service
  • Remove proprietary notices from the Service
  • Use our trademarks without permission
  • Sublicense or resell access to the Service

7. Data Protection​

7.1 Privacy Policy​

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing Agreement​

For Merchants subject to GDPR or similar regulations, we offer a Data Processing Agreement.

7.3 Your Responsibilities​

As a Merchant, you are responsible for:

  • Complying with applicable privacy and data protection laws
  • Obtaining necessary consents from your customers
  • Providing appropriate privacy notices
  • Responding to customer data subject requests

8. Warranties and Disclaimers​

8.1 Our Warranties​

We warrant that:

  • The Service will perform substantially as described in our documentation
  • We have the right to provide the Service
  • We will use commercially reasonable efforts to maintain Service availability

8.2 Disclaimers​

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

We disclaim all implied warranties, including:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF DATA

9. Limitation of Liability​

9.1 Exclusion of Damages​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYNCALL SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Cost of substitute services
  • Damages arising from service interruptions or data loss

9.2 Liability Cap​

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

  • The amounts paid by you to us in the 12 months preceding the claim, OR
  • One hundred US dollars ($100)

10. Term and Termination​

10.1 Term​

These Terms are effective from the date you first use the Service and continue until terminated.

10.2 Termination by You​

You may terminate your account at any time by:

  • Cancelling your subscription in the dashboard
  • Uninstalling our Shopify app
  • Contacting us at support@fyncall.com

10.3 Termination by Us​

We may suspend or terminate your account if:

  • You breach these Terms
  • You fail to pay fees when due
  • We are required to do so by law
  • We discontinue the Service (with reasonable notice)

10.4 Effect of Termination​

Upon termination:

  • Your right to use the Service immediately ceases
  • We will delete your data within 48 hours (per our Privacy Policy)
  • Accrued rights and obligations survive termination

11. General Provisions​

11.1 Entire Agreement​

These Terms, together with our Privacy Policy and any applicable DPA, constitute the entire agreement between you and Fyncall regarding the Service.

11.2 Amendments​

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email or in-app notification. Continued use after changes constitutes acceptance.

11.3 Severability​

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

11.4 Assignment​

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact Us​

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

Fyncall Ltd.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.