Terms of Service

AXIONONE SDN. BHD. (operator of the Xcent.ai platform)

Effective date: 28 July 2026

These Terms of Service (the "Terms") are a legal agreement between you or the entity you represent ("Customer", "you") and AXIONONE SDN. BHD. (Company No. 202501015006 (1616421-P)) ("Xcent", "we", "us"). By creating an account, subscribing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.1 "Service" means the Xcent.ai platform, including the omni-channel inbox, CRM, AI agents, and related features, websites, and support we make available.

1.2 "Customer Data" means all data, content, and materials you or your users submit to or generate through the Service, including Customer End-User Data.

1.3 "Customer End-User Data" means personal data of your customers and contacts that you process using the Service, for which you are the controller.

1.4 "Subscription" means the plan, term, and seat count you select. "Fees" means the charges for your Subscription and any add-ons.

2.1 We grant you a non-exclusive, non-transferable right to access and use the Service during your Subscription, for your internal business purposes, subject to these Terms.

2.2 You must be a business or acting on behalf of one, be at least 18, and provide accurate registration information. You are responsible for your account, your users, and all activity under your credentials.

2.3 We may update, change, or discontinue features of the Service. We will not materially reduce core functionality of a paid Subscription during a paid term without a reasonable alternative or notice.

3.1 Current plans are Starter (RM0), Solo (RM99 per user per month), and Business (RM399 per user per month), together with any add-ons or a la carte items you select. Plan features and prices are as shown at sign-up or in your order.

3.2 Fees are billed in advance on a recurring basis for the billing cycle you select and, unless stated otherwise, are quoted in Malaysian Ringgit and exclusive of Sales and Service Tax (SST) and other applicable taxes, which you are responsible for.

3.3 Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You can cancel renewal from your account settings or by contacting us.

3.4 We may change Fees. For paid Subscriptions, price changes take effect at your next renewal, and we will give you reasonable prior notice.

3.5 Fees are non-refundable except where required by law or expressly stated. Downgrading a plan or reducing seats may cause loss of features, content, or capacity.

3.6 If payment is overdue, we may suspend the Service after reasonable notice. Amounts unpaid past the due date may attract interest at 1.5% per month or the maximum allowed by law, whichever is lower.

4.1 You are responsible for the accuracy and legality of Customer Data and for obtaining all consents and notices required under the PDPA and other laws before processing Customer End-User Data through the Service.

4.2 You will not use the Service to send unlawful, deceptive, or unsolicited messages, to infringe any right, to transmit malware, or to breach any applicable law.

4.3 When using messaging channels, you will comply with the policies of the underlying providers, including the WhatsApp Business Messaging Policy and Meta's platform terms. You are responsible for obtaining valid opt-ins and for the content of your messages.

4.4 You will keep your credentials secure and notify us promptly of any suspected unauthorised access.

5.1 The Service integrates with third-party platforms and providers, including the WhatsApp Business Platform, Meta, email, voice, and payment providers. Your use of those platforms is subject to their own terms.

5.2 We do not control third-party platforms and are not responsible for their availability, changes, decisions, or actions, including suspension, restriction, rate-limiting, or banning of any account, number, or channel by a third-party provider. Such actions do not entitle you to a refund of Fees already paid.

6.1 The Service includes AI-generated content and automated responses. AI output can be inaccurate, incomplete, or unsuitable for a given purpose.

6.2 You are responsible for reviewing AI output before relying on or sending it, and for its use in your business. We do not warrant that AI output is accurate, and we make no representation that use of the Service will produce any particular sales, marketing, or business result.

7.1 We and our licensors own all rights in the Service, including software, models, and documentation. These Terms grant no rights except the limited right to use the Service.

7.2 You own your Customer Data. You grant us a non-exclusive licence to host, process, and transmit Customer Data solely to provide and support the Service and as set out in the Data Processing Terms in Schedule 1.

7.3 If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law. This does not apply to information that is public, independently developed, or lawfully received from a third party.

9.1 We will provide the Service with reasonable skill and care.

9.2 Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, and any warranty as to results.

10.1 To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, or consequential loss, or for loss of profit, revenue, data, or goodwill, arising out of or in connection with these Terms.

10.2 Our total aggregate liability arising out of or in connection with these Terms in any 12-month period will not exceed the total Fees you paid to us in the 12 months before the event giving rise to the claim.

10.3 Nothing in these Terms limits liability that cannot be limited by law.

You will indemnify us against claims, losses, and reasonable costs arising from your Customer Data, your use of the Service in breach of these Terms, your breach of a third-party platform's terms, or your failure to obtain required consents for Customer End-User Data.

12.1 We may suspend the Service on reasonable grounds, including non-payment, security risk, or breach of these Terms. Where practicable we will give notice and an opportunity to resolve the issue.

12.2 Either party may terminate for material breach not remedied within 14 days of written notice. You may stop using the Service and cancel renewal at any time.

12.3 On termination, your right to use the Service ends. We will make Customer Data available for export for 30 days after termination, after which we may delete it in the ordinary course, subject to Schedule 1 and legal retention requirements.

We may update these Terms. We will post the updated version with a new effective date, and for material changes we will take reasonable steps to notify you. Continued use after changes take effect means you accept them.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including outages of third-party platforms, network failures, acts of government, or natural events.

15.1 These Terms are governed by the laws of Malaysia.

15.2 The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

16.1 These Terms, together with your order and our Privacy Policy, are the entire agreement between the parties on this subject.

16.2 You may not assign these Terms without our consent. We may assign to an affiliate or successor.

16.3 If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver.

16.4 Notices to us should be sent to legal@xcent.ai. Notices to you may be sent to your account email.

Applies where Xcent processes Customer End-User Data on your behalf.

These Data Processing Terms form part of the Terms of Service and apply where Xcent processes Customer End-User Data as a data processor and the Customer is the controller, in accordance with the PDPA.

The Customer is the controller and Xcent is the processor for Customer End-User Data. Xcent processes Customer End-User Data only to provide the Service and on the Customer's documented instructions, which include these Terms and the Customer's use of the Service.

The Customer warrants that it has a lawful basis and all necessary consents and notices under the PDPA for the Customer End-User Data it processes through the Service, and that its instructions comply with applicable law.

• Process Customer End-User Data only as needed to provide the Service and on the Customer's instructions.
• Apply reasonable technical and organisational security measures consistent with the PDPA.
• Ensure personnel who access Customer End-User Data are under a duty of confidentiality.
• Assist the Customer, so far as reasonable, with responding to data subject requests and with the Customer's own breach obligations.
• Notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer End-User Data.

The Customer authorises Xcent to engage subprocessors (including cloud hosting, messaging, and communication providers) to deliver the Service. Xcent will impose data protection obligations on subprocessors consistent with these Terms and remains responsible for their performance. A current list is available on request.

Customer End-User Data may be processed outside Malaysia by Xcent's subprocessors. Xcent will take reasonable steps to ensure protection consistent with the PDPA and the Commissioner's guidance.

On termination, Xcent will make Customer End-User Data available for export for the period stated in clause 12.3 of the Terms, and will then delete it in the ordinary course, unless retention is required by law.