Terms of Service

1Agreement to these Terms

1.1 These Terms of Service (the “Terms”) form a binding agreement between Livexion Tech Provider, the operator of WaWa (“WaWa”, “we”, “us”), and the organisation that uses the Service (the “Customer”, “you”).

1.2 By accessing or using the Service, you agree to these Terms. Opening an account, connecting a WhatsApp number, sending a message through the Service, or letting anyone at your organisation do any of those things, each counts as acceptance. No signature is required. If you do not agree, do not use the Service.

1.3 If you accept these Terms on behalf of a tuition centre, school or company, you confirm that you are authorised to bind it, and “you” means that organisation.

1.4 English is the governing language of these Terms. Any translation is provided for convenience only; where a translation differs, the English text prevails.

2Definitions

Service

The WaWa hosted software: the web application, the timetable and reminder engine, the shared inbox, and the component that connects to WhatsApp (the “Bridge”).

Customer Data

Everything you or your Users put into the Service, and everything that reaches it through your Connected Numbers — student and parent records, timetables, message content and message history.

User

A person you authorise to access the Service under your account, including staff and administrators.

Recipient

A parent, guardian, student or other person you message through the Service.

Connected Number

A WhatsApp account you link to the Service.

3The Service

3.1 WaWa helps tuition centres run class timetables, send class-related messages to parents over WhatsApp, and keep the replies in a shared inbox.

3.2 The Service is sold on a subscription basis. Plan limits — Connected Numbers, students, staff accounts and monthly sends — are stated on our pricing page and form part of these Terms.

3.3 We may update, improve or change how the Service works. Where a change materially reduces core functionality, we will give reasonable notice.

5Acceptable use

5.1 Use the Service only for communication about your own students and their classes: reminders, schedule changes, fee notices, replies to parents who contacted you, and similar operational messages.

5.2 You must not use the Service to:

1. message people who did not give you their number in the course of your relationship with them;
2. send unsolicited marketing, promotional broadcasts, or messages on behalf of a third party;
3. send content that is unlawful, deceptive, defamatory, obscene, or harmful to a child;
4. upload contact lists you bought, scraped, or otherwise did not collect yourself;
5. resell, sublicense, or offer the Service to any third party as a messaging gateway;
6. work around plan limits, rate limits, or authentication;
7. probe, scan or test the security of the Service, or reach another customer’s data;
8. reverse engineer, decompile or copy the Service, except so far as that restriction is unenforceable by law.

5.3 Honour opt-outs. If a Recipient asks you to stop messaging them, stop, promptly.

5.4 You are responsible for everything your Users do under your account and for keeping credentials confidential. Tell us promptly if you suspect unauthorised access.

6Fair use, send quotas and rate limits

6.1 Each plan includes a monthly send allowance. A send is counted per outbound message per Recipient. Allowances reset monthly and do not carry over. Additional sends may be purchased.

6.2 The Service paces outbound messages and history synchronisation. Those limits exist to protect the other customers who share the same infrastructure and the same outbound network address. They are not a promise that your account will be safe, and they are not a substitute for your own judgement about what to send and to whom.

6.3 We may reduce your throughput, pause outbound sending, or disconnect a Connected Number without prior notice where we reasonably believe your traffic is putting other customers at risk. We will tell you as soon as practicable afterwards.

7Customer Data and privacy

7.1 Customer Data is yours. We claim no ownership of it.

7.2 Roles. Under the Personal Data Protection Act 2010 (Malaysia), you are the data user in respect of the personal data of your students, parents and staff. We act as a data processor on your instructions.

7.3 Your obligations. You are responsible for having a lawful basis to hold and to message your Recipients, for giving them the notices the PDPA requires, and for handling their access and correction requests. You confirm that you collected the numbers you upload.

7.4 Our obligations. We process Customer Data only to provide and support the Service. We apply reasonable technical and organisational safeguards, keep each customer’s data logically separated, and limit staff access to what support and operations actually require.

7.5 Message history. The Service stores the message history it retrieves from your Connected Numbers so your staff can see a conversation without holding the phone. That history is Customer Data and is treated as such.

7.6 Export and deletion. You may request an export of your Customer Data, or its deletion, at any time. After termination we retain Customer Data for thirty (30) days so you can export it, then delete it — except where law requires longer retention, or where copies exist only in routine backups, which expire on their own cycle.

7.7 Sub-processors. We use third-party hosting and infrastructure providers to run the Service. Delivery itself happens over WhatsApp, which is operated by a third party and is outside our control.

7.8 Aggregate statistics. We may compile anonymous, aggregated statistics about how the Service is used, provided they identify neither you, nor a User, nor any Recipient.

8Fees, billing and trials

8.1 Fees are those stated on our pricing page, in Malaysian Ringgit, exclusive of any applicable tax.

8.2 Subscriptions are billed in advance, monthly or annually as chosen. Annual plans are billed for the full term.

8.3 Where a trial is offered it runs for the stated period. Unless you tell us to stop, a trial rolls into a paid subscription when it ends.

8.4 Refunds. Fees are non-refundable except where the law requires otherwise. Cancelling part-way through a paid period does not produce a refund; the subscription simply runs to the end of that period.

8.5 We may change prices on at least thirty (30) days’ notice, taking effect at your next renewal.

8.6 If an invoice goes unpaid we may suspend the Service after reasonable notice. Suspension does not cancel fees already accrued.

9Suspension and termination

9.1 You may cancel at any time, effective at the end of the current paid period.

9.2 We may suspend or terminate immediately if you breach section 5, if your use exposes us or other customers to legal or operational risk, or if we are required to by law or by an upstream provider.

9.3 We may terminate for convenience on thirty (30) days’ notice, refunding prepaid, unused fees pro rata.

9.4 On termination your access ends and scheduled messages stop. Section 7.6 governs what happens to your data.

10Availability and support

10.1 We work to keep the Service available, but we offer no service level guarantee and commit to no specific uptime figure.

10.2 The Service depends on WhatsApp, which we do not operate. Outages, product changes or restrictions on WhatsApp’s side may interrupt delivery, and we are not liable for them.

10.3 Support is provided over WhatsApp and email during Malaysian business hours, on a reasonable-efforts basis.

10.4 We may carry out maintenance. Where it is planned and disruptive we will try to give notice first.

11Intellectual property

11.1 The Service — its software, design, documentation and brand — is and remains ours or our licensors’. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for the duration of your subscription. No other rights are granted, by implication or otherwise.

11.2 If you send us suggestions or feedback, we may use them freely and without obligation to you.

12Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service with at least reasonable care, use it only for the purposes of these Terms, and not disclose it — except to staff and advisers who need it and are bound by similar obligations, or where disclosure is required by law.

13Disclaimers

13.1 To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

13.2 We do not warrant that the Service will be uninterrupted or error-free, that any given message will be delivered, read or acted on, or that a Connected Number will remain usable.

13.3 The Service is an operational tool. It is not a substitute for your own records, and it should not be your only copy of anything that matters.

14Limitation of liability

14.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill, enrolment, business opportunity or data, however caused and on any theory of liability.

14.2 Our total aggregate liability arising out of or relating to the Service, on any basis, will not exceed the fees you actually paid us in the twelve (12) months before the event giving rise to the claim.

14.3 For the avoidance of doubt, this section applies to any claim arising from the restriction, suspension or ban of a WhatsApp account under section 4.

14.4 Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence.

15Indemnity

You will defend, indemnify and hold us harmless against claims, damages, fines and reasonable costs arising from (a) Customer Data; (b) use of the Service in breach of section 5; (c) your messages to Recipients, including any claim of unsolicited contact; and (d) your breach of the PDPA or any other data protection law.

16Changes to these Terms

16.1 We may amend these Terms. The current version is always published at this address, with its revision date at the top.

16.2 Material changes take effect thirty (30) days after we post them or notify you, whichever is earlier. Continuing to use the Service after that date is acceptance of the amended Terms. If you do not accept them, stop using the Service and cancel before the effective date.

17Force majeure

Neither party is liable for a failure to perform caused by events beyond its reasonable control, including acts of government, network or utility failure, and the acts or omissions of upstream platforms including WhatsApp. Payment obligations are not excused.

18Governing law and disputes

18.1 These Terms are governed by the laws of Malaysia.

18.2 The courts of Malaysia have exclusive jurisdiction and both parties submit to them.

18.3 Before filing, the parties will try in good faith to resolve the dispute by discussion for thirty (30) days after written notice. This does not prevent either party from seeking urgent injunctive relief.

19General

19.1 Entire agreement. These Terms, together with the pricing page and any order form both parties sign, are the entire agreement between us, and supersede any earlier discussion, quote or proposal.

19.2 Order of precedence. Where a signed order form conflicts with these Terms, the order form prevails for that customer, for that conflict only.

19.3 Severability. If a provision is held unenforceable it will be limited to the minimum extent necessary, and the rest stays in force.

19.4 No waiver. Not enforcing a right on one occasion does not waive it.

19.5 Assignment. You may not assign these Terms without our written consent, which will not be unreasonably withheld. We may assign to an affiliate, or in connection with a merger or sale of the business.

19.6 Notices. We may give notice by email to your account address, by WhatsApp to your registered number, or inside the Service. You may give notice to us at the contact below. Notice is effective when sent.

19.7 No third-party rights. These Terms are for the parties only. No Recipient or other third party acquires any right under them, and the Contracts (Rights of Third Parties) Act 2001 does not apply.

19.8 Relationship. The parties are independent contractors. Nothing here creates a partnership, agency, joint venture or employment relationship.

19.9 Survival. Sections 4.4 to 4.6, 7, 11, 12, 13, 14, 15, 18 and 19 survive termination.

19.10 Publicity. We will not use your name or logo publicly without your consent.

20Contact

WaWa is operated by Livexion Tech Provider, Malaysia. Questions about these Terms, an export request, or a deletion request reach us here:

WhatsApp +60 11-1318 7063