Welcome to Fyncall. The following terms and conditions (the "Terms") govern all use of the Convert website and all content, services, features, activities, and products available at or through the website (collectively, the "Service"). The Service is owned and operated by [Your Company Name] ("Convert", "we", "us", or "our"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Convert's Privacy Policy), and procedures that may be published from time to time by Convert (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Convert, acceptance is expressly limited to these terms.
1 Acceptance of Terms
By accessing or using Fyncall—owned and operated by Builderson Group Limited, Hong Kong (“Fyncall,” “we,” “us”)—you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service. We may amend the Terms at any time; continued use after changes equals acceptance.
2 Description of Service
Fyncall is a cloud SaaS platform that embeds AI agents inside WhatsApp, Instagram DM, and web chat to (i) showcase catalogue items, (ii) guide shoppers, (iii) capture orders, (iv) generate pay‑links, (v) reserve inventory in connected ERPs or Shopify, and (vi) send post‑purchase updates—all automatically and 24/7. Use requires an active WhatsApp Business or Instagram Professional account and compliance with their policies.
3 Account Registration & Security
You must provide accurate, current, and complete information; keep credentials secure; and notify us of any breach. We are not liable for losses caused by your failure to safeguard the account.
4 Eligibility & Compliance
You (i) must be 18 +, (ii) have authority to bind the business you represent, and (iii) comply with all applicable laws—including GDPR for EU data subjects, India’s DPDP Act 2023, and any local consumer‑protection statutes.
5 Fees, Billing & Taxes
Subscription fees are charged in advance (monthly or annual) and renew automatically unless you cancel before the current term ends. You authorise us to charge any payment method on file for recurring fees and applicable taxes. Late payments may incur interest at 1.5 % per month. All fees are non‑refundable except as required by law.
6 Beta Features
Fyncall is currently in public beta; features may change, break, or disappear without notice. The Service is provided “AS IS” during beta, with no warranties and a lower SLA (see §10). You acknowledge that beta use is at your own risk and that data loss may occur.
7 License & Intellectual Property
We grant you a non‑exclusive, non‑transferable, revocable licence to access the Service solely for your internal business operations. All software, AI models, and documentation remain our property. You may not reverse‑engineer, copy, or resell the Service.
8 Customer Data & Privacy
Controller / Processor roles – You are the data controller for shopper data collected through Fyncall; we act as data processor under GDPR Art 28 and DPDP Act rules.
Data transfers – We store data in ISO 27001‑certified centres in Singapore & EU; cross‑border transfers rely on SCCs or equivalent safeguards.
Retention & deletion – We keep customer chat data for 30 days by default, then delete or anonymise unless you request otherwise.
Security – We use TLS 1.3 in transit and AES‑256 at rest; payment card data never touches our servers (see PCI §9).
9 Payments & PCI DSS
Fyncall generates pay‑links via third‑party PSPs (e.g., Stripe, Razorpay). You—and the PSP—remain the merchant of record. We are PCI‑DSS v4 “SAQ‑A” compliant because shoppers enter card data on the PSP‑hosted page. Any scripts or customisations you add must also meet PCI 4.0 “payment‑page” rules.
10 Service Levels & Support
We target 99.5 % monthly uptime; scheduled maintenance is excluded if announced 24 h ahead. Credits: for uptime < 99 %, you receive a pro‑rata credit against the next invoice. Beta features are excluded from SLA coverage. Support is provided via email and Slack during IST business hours (Mon–Fri, 10:00‑18:00).
11 Third‑Party Services & Integrations
Your use of WhatsApp, Instagram, Shopify, ERP APIs, or PSPs through Fyncall must follow those providers’ terms. We are not liable for outages or policy changes in those services. If Meta revokes your app, Fyncall functionality will cease until reinstated.
12 Acceptable Use
You must not (i) spam users, (ii) collect sensitive personal data without consent, (iii) violate export controls, or (iv) use the Service for illegal, harmful, or discriminatory content.
13 Cancellation & Termination
You may cancel anytime in the dashboard; service remains active until the paid term ends. We may suspend or terminate immediately for breach of these Terms, non‑payment, or regulatory requirement. Upon termination we will delete your data within 30 days, except for logs required to demonstrate compliance.
14 Disclaimers
The Service is provided “AS IS.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. AI recommendations are probabilistic and may be wrong; you are responsible for reviewing critical outputs.
15 Limitation of Liability
To the fullest extent permitted by law, our aggregate liability for any claim is limited to the lesser of (a) fees paid in the 12 months before the claim or (b) USD 100. We are not liable for indirect, incidental, special, consequential, or exemplary damages.
16 Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses arising out of (i) your content, (ii) your violation of these Terms or law, (iii) your misuse of third‑party services via Fyncall.
17 Governing Law & Dispute Resolution
These Terms are governed by the laws of Hong Kong SAR, without regard to conflict‑of‑law principles. Any dispute shall be resolved by arbitration under HKIAC Rules in Hong Kong; the award is final and binding.
18 Changes to Terms
We may update Terms by posting the revised version and updating the “Last modified” date. Material changes will be announced via email or in‑app banner 30 days before they take effect. Continued use after that date constitutes acceptance.
19 Contact
Builderson Group Limited
Unit 8B, 8/F, Kowloon Commerce Centre, 51 Kwai Cheong Rd, Hong Kong
Email: ray@fyncall.com
Phone: +852 8491 8265
Last modified: 17 July 2025