Terms of Service

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1. Who We Are and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the AI-powered call answering, voice automation, and reminder services (“Services”) provided by Erzy Sdn Bhd, a company incorporated in Malaysia and a Malaysia Digital (MDEC) status company (“ErzyCall,” “we,” “our,” or “us”), with its registered office at Level 24 & 25, Menara Worldwide, 198 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia.

By accessing or using the Services, or by clicking to accept these Terms, you (“you,” “Customer”) agree to be bound by them. If you are entering into these Terms on behalf of a company or other organisation, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

2. Description of Services

ErzyCall provides AI-powered call answering and voice automation, which may include:

• AI receptionist for call handling
• Inbound, outbound, and reminder calls
• Call forwarding and routing
• Voice-to-text transcription
• Email and SMS notifications and reports
• Calendar integration and scheduling
• CRM and system integrations

We may add, modify, or discontinue features from time to time.

3. Account Registration

To use the Services you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and must notify us promptly of any unauthorised use. You must be at least 18 years old and legally able to enter into a contract.

4. Subscription, Fees, and Payment

The Services are provided on a subscription basis. By subscribing you agree to:

• Pay all applicable fees for your chosen plan;
• Provide valid payment details;
• Accept automatic renewal at the end of each billing cycle unless you cancel before the renewal date.

Fees are stated exclusive of any applicable taxes (including Malaysian Sales and Service Tax), which you are responsible for. Refunds are governed by our refund policy and applicable Malaysian law. We may change fees on prior notice; changes apply from your next billing cycle.

5. Your Compliance Obligations (Calling, Recording, and Consent)

This section is essential. Because you use the Services to contact and record third parties (“Call Recipients”), you are the data controller of Call Recipient data under the Personal Data Protection Act 2010 (“PDPA”), and you are solely responsible for the lawfulness of your campaigns. You represent, warrant, and agree that, for every number you call or message and every call you record through the Services, you will:

• Have a valid lawful basis and, where required, the consent of the Call Recipient to be contacted, called, messaged, and recorded;
• Inform Call Recipients that the call may be handled by an automated/AI system and recorded, and the purpose of recording, as required by the PDPA and the Communications and Multimedia Act 1998;
• Comply with all laws on unsolicited commercial communications, including Section 233A of the Communications and Multimedia Act, and honour do-not-contact and opt-out requests;
• Issue your own PDPA-compliant privacy notice to your Call Recipients and provide them a means to exercise their data subject rights;
• Not use the Services to contact numbers you are not lawfully permitted to contact, or for any purpose prohibited under Section 6.

You will indemnify us for any breach of this Section (see Section 11). Where we act as your data processor for Call Recipient data, we do so in accordance with our Privacy Policy.

6. Acceptable Use

You agree not to use the Services to: violate any law or regulation; infringe the rights of others; transmit unlawful, harmful, threatening, harassing, fraudulent, or deceptive content; conduct scams, phishing, or impersonation; send unlawful unsolicited communications; interfere with or disrupt the Services; or attempt to gain unauthorised access to our systems. We may suspend or terminate accounts that breach this Section.

7. Intellectual Property

All content, features, and functionality of the Services — including text, graphics, logos, and software — are owned by Erzy Sdn Bhd or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services during your subscription. You retain ownership of the data and content you submit; you grant us the rights needed to process it to provide the Services.

8. Data Protection and Privacy

Our processing of personal data is described in our Privacy Policy, which forms part of these Terms. You are responsible for your own compliance with the PDPA in respect of Call Recipient data, as set out in Section 5. Where we process personal data on your behalf, we do so in accordance with the Privacy Policy.

9. Service Availability

We aim to keep the Services available but do not guarantee uninterrupted or error-free access. We may suspend the Services for maintenance, updates, security, or circumstances beyond our reasonable control, and will give reasonable notice where practicable.

10. Disclaimers and Limitation of Liability

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” and we disclaim all warranties not expressly stated in these Terms. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Malaysian law (including the Consumer Protection Act 1999 where it applies).

Subject to the above, to the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill; and (b) our total aggregate liability arising out of or relating to the Services will not exceed the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Erzy Sdn Bhd, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, fines, and reasonable expenses (including legal fees) arising from: your use of the Services; your content or campaigns; your breach of these Terms; or your breach of the PDPA, the Communications and Multimedia Act 1998, or any other law in connection with your calling, messaging, or recording of Call Recipients.

12. Suspension and Termination

You may cancel your subscription at any time, effective at the end of the current billing cycle. We may suspend or terminate your access, with or without cause and on reasonable notice, and immediately where you breach Sections 5 or 6 or where required by law. On termination, your right to use the Services ceases; we will handle your data as described in the Privacy Policy.

13. Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms and, for material changes, notify account holders by email or in-product notice. Continued use of the Services after changes take effect constitutes acceptance.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law provisions. The parties submit to the exclusive jurisdiction of the courts of Malaysia. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute amicably; disputes may be referred to mediation at the Asian International Arbitration Centre (AIAC), Kuala Lumpur, where the parties so agree.

15. Contact Information

For questions about these Terms, contact us at info@erzy.net or Erzy Sdn Bhd, Level 24 & 25, Menara Worldwide, 198 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia.