Terms of Service

1.1 Account Creation

To access the Services, you must register for a MINA AI account by providing accurate and complete information including your name, company name, email address, phone number, and any other information requested during registration ("Account Information"). You agree to keep your Account Information accurate and up to date at all times.

1.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised use of your account or any security breach. Nexgentech will not be liable for any loss or damage arising from your failure to maintain account security.

1.3 One Account Per User

Each account login may only be used by one individual. Sharing a single login across multiple individuals is not permitted unless expressly authorised under a multi-seat subscription plan.

1.4 Account Eligibility

You may only use the Services if you are legally capable of forming a binding contract under Malaysian law, and only in compliance with these Terms and all applicable laws and regulations. Accounts created by automated bots or scripts are strictly prohibited.

2.1 Plans

Access to MINA AI is provided on a subscription basis. Available plans, their features, and pricing are set out on mymina.ai and may be updated from time to time. By subscribing to a plan, you agree to pay all applicable fees for the full subscription period.

2.2 Billing

Fees are billed in advance on a monthly or annual basis depending on your selected plan. All fees are quoted in Malaysian Ringgit (MYR) unless otherwise stated. You authorise Nexgentech or its payment processors to charge your designated payment method for all applicable fees.

2.3 Late Payment

Failure to pay fees when due may result in the suspension or deactivation of your account until payment is successfully received. Nexgentech reserves the right to charge interest on overdue amounts at the rate permitted under Malaysian law.

2.4 Price Changes

Nexgentech reserves the right to change subscription pricing at any time. We will provide at least 30 days' advance notice of any price changes via email or through your account dashboard. Your continued use of the Services after the effective date of the change constitutes your acceptance of the new pricing.

2.5 Taxes

All fees are exclusive of applicable taxes including Sales and Service Tax (SST) where applicable under Malaysian law. You are responsible for paying all applicable taxes.

3.1 How Credits Work

Credits function like a prepaid balance for using MINA AI services. Each subscription plan includes a monthly credit allowance that determines your usage capacity. AI generations and interactions draw from your available credit balance.

3.2 Credit Consumption

When you use MINA AI to generate responses, process conversations, or perform AI-powered tasks, credits are deducted from your balance. The number of credits consumed varies based on the complexity and type of generation. When your credits are exhausted, AI generation will pause until additional credits are available.

3.3 Purchasing Additional Credits

Users on Basic, Standard, and Pro plans may purchase additional credits at any time through the MINA AI dashboard. Additional credit purchases are non-refundable and subject to the same usage terms as included credits.

3.4 Credit Rollover and Expiration

Unused monthly credits will roll over to the next billing cycle. However, rolled-over credits expire after 65 days from the date they were originally credited to your account. Credits are consumed on a first-in, first-out basis, meaning older credits are used before newer ones.

3.5 Credit Balance

You can view your current credit balance, usage history, and expiration dates at any time through your account dashboard. Nexgentech is not obligated to provide refunds or compensation for expired or unused credits.

3.1 General Policy

All subscription fees paid to Nexgentech are non-refundable, except as expressly provided in this Section or as required by applicable Malaysian law.

3.2 Eligibility for Refund

You may be eligible for a refund if you submit a written refund request to [email protected] within 7 days of the date of your initial subscription payment, and you have not materially used the Services during that period.

3.3 Refund Procedure

Approved refunds will be processed within 10 to 15 business days. The actual time for funds to be credited to your account will depend on your bank or financial institution. Refunds will be issued to the original payment method used at the time of purchase. Nexgentech reserves the right to request additional documentation to process a refund.

3.4 Non-Refundable Circumstances

No refund will be issued where: (a) the refund request is made after 7 days from the date of payment; (b) the account has been suspended or terminated due to a breach of these Terms; (c) the Services have been materially used during the period in question; or (d) the request cannot be processed due to inaccurate or incomplete information provided by you.

3.5 Grievances

Any grievances relating to billing or refunds may be directed to [email protected]. We will endeavour to respond within 5 business days.

4.1 Licence

Subject to your compliance with these Terms, Nexgentech grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services solely for your internal business purposes in connection with managing customer interactions, appointments, payments, and shipping through integrated messaging platforms.

4.2 Permitted Use

You will access the Services only through the interfaces and methods provided or authorised by Nexgentech. You agree not to attempt to access the Services through any unauthorised means.

4.3 AI Output Accuracy

Nexgentech does not guarantee the accuracy, completeness, or fitness for purpose of any output generated by the MINA AI platform. AI-generated responses are provided to assist your business operations and you are solely responsible for reviewing and ensuring the accuracy of any responses delivered to your customers on your behalf. You acknowledge that you use the AI output at your own risk.

4.4 Compliance with Law

You will use the Services only in compliance with all applicable local, national, and international laws and regulations, including without limitation the Personal Data Protection Act 2010 (Malaysia), the Communications and Multimedia Act 1998 (Malaysia), and all applicable Meta platform policies.

4.5 Monitoring

Nexgentech may, but is not obligated to, monitor your use of the Services to ensure quality, improve the platform, or verify compliance with these Terms. You will not interfere with such monitoring.

5.1 You must not:

• Use the Services to send unsolicited, spam, or bulk promotional messages to individuals who have not opted in to receive communications from you
• Use the Services to harass, threaten, defame, abuse, or stalk any individual
• Use the Services for any illegal purpose or in violation of any applicable law or regulation
• Impersonate any person, company, or entity, or misrepresent your affiliation with any third party
• Use the Services to collect or harvest personal data of third parties without their consent
• Distribute any viruses, malware, or other harmful or destructive content through the platform
• Use automated tools, bots, or scripts to access, scrape, or extract data from the platform without prior written consent from Nexgentech
• Post, transmit, or facilitate any content that is unlawful, defamatory, obscene, pornographic, harmful to minors, or otherwise objectionable in Nexgentech's sole discretion

5.2 Content Standards

Any content you configure, upload, or deploy through the MINA AI platform — including AI response templates, message flows, and automated replies — must comply with all applicable laws and must not infringe the intellectual property, privacy, or other rights of any third party.

5.3 Enforcement

Nexgentech reserves the right to remove any content, suspend, or permanently terminate your account without notice if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

7.1 Meta Platform Policies

MINA AI integrates with Meta's platforms including WhatsApp Business Platform, Instagram, and Facebook Messenger. Your use of these integrations is subject to Meta's Platform Terms, Developer Policies, WhatsApp Business Policy, and any other applicable Meta guidelines, in addition to these Terms. You are solely responsible for ensuring your use of MINA AI through Meta's platforms complies with all applicable Meta policies.

7.2 End-User Opt-In

You are solely responsible for obtaining valid, explicit opt-in consent from your end customers before initiating any business-initiated messages through WhatsApp or other messaging platforms. Pre-checked boxes or implied consent from prior interactions on other channels do not constitute valid opt-in consent for messaging platform communications. You must maintain records of all opt-in consents and make these available to Nexgentech or the relevant platform provider upon request.

7.3 Message Templates

All message templates used through the platform must comply with the relevant platform provider's template guidelines and approval processes. Nexgentech is not responsible for the rejection or removal of message templates by third-party platform providers.

7.4 Tech Provider Role

Nexgentech operates as a Tech Provider and Solution Partner on behalf of its business clients when accessing Meta's platforms. Nexgentech acts on your instructions and you, as the business, remain responsible for how the platform is used to interact with your customers.

7.5 Other Integrations

Where the Services are connected to other third-party platforms or services, your use of those integrations is also subject to the respective third-party terms and policies. Nexgentech is not responsible for any loss or disruption arising from changes to or discontinuation of third-party platforms.

8.1 Customer Data

"Customer Data" means all data, content, and information provided to or processed through the Services in connection with your account, including your customers' personal data processed by MINA AI on your behalf. You retain ownership of all Customer Data.

8.2 Your Responsibilities

You are solely responsible for: (a) obtaining all necessary consents from your end customers prior to processing their personal data through the Services; (b) ensuring your use of the Services complies with the Personal Data Protection Act 2010 (Malaysia) and all other applicable privacy laws; and (c) providing adequate notice to your end customers regarding how their data will be collected, used, and shared in connection with the Services.

8.3 Nexgentech's Processing

Nexgentech processes Customer Data solely to provide and improve the Services, in accordance with our Privacy Policy at mymina.ai/privacy. By using the Services, you consent to the collection, use, and processing of Customer Data as described in our Privacy Policy.

8.4 Security

Nexgentech implements appropriate technical and organisational measures to protect Customer Data. However, you acknowledge that no system is completely secure and that you are solely responsible for any consequences arising from your own failure to maintain account security or from the content you deploy through the platform.

8.5 Data Deletion

Upon termination of your account, Nexgentech will delete or anonymise your Customer Data in accordance with our Privacy Policy and applicable law, unless retention is required by law.

9.1 Your Content

You retain all ownership rights in your Customer Data, message templates, branding, and other content you provide through the Services. By using the Services, you grant Nexgentech a limited licence to use, process, and store your Customer Data solely as necessary to provide the Services to you.

9.2 Nexgentech's Platform

All rights, title, and interest in and to the MINA AI Platform — including its software, AI models, algorithms, design, user interface, and all related intellectual property — are and remain the exclusive property of Nexgentech Solutions Sdn Bhd and its licensors. Nothing in these Terms transfers any ownership of the Platform to you.

9.3 Aggregate Data

Nexgentech may use anonymised and aggregated data derived from your use of the Services for the purposes of improving the platform, developing new features, and producing analytics. Such aggregate data will not identify you or your customers individually.

9.4 Feedback

If you provide Nexgentech with any feedback, suggestions, or ideas regarding the Services, Nexgentech may use such feedback freely without any obligation or compensation to you.

12.1 Termination by You

You may terminate your subscription at any time by providing written notice to [email protected] at least 30 days in advance of your intended termination date. Termination does not entitle you to a refund of any prepaid fees except as provided in Section 3.

12.2 Termination by Nexgentech

Nexgentech reserves the right to immediately suspend or terminate your account and access to the Services without notice or liability if: (a) you breach any provision of these Terms; (b) we are required to do so by law or a competent authority; (c) your use of the Services poses a security risk to Nexgentech or other users; or (d) your account has been inactive for an extended period.

12.3 Effect of Termination

Upon termination, all licences granted to you under these Terms will immediately cease. You must stop using the Services and the Platform. Nexgentech will handle your Customer Data following termination in accordance with Section 8.5 and our Privacy Policy. Sections 8, 9, 10, 13, 14, 15, and 16 shall survive termination of these Terms.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, including the Contracts Act 1950, the Personal Data Protection Act 2010, and other applicable Malaysian legislation.

16.2 Informal Resolution

In the event of any dispute arising out of or in connection with these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting Nexgentech at [email protected]. We will endeavour to resolve the dispute within 30 days of receiving written notice.

16.3 Arbitration

If the dispute cannot be resolved informally within 30 days, both parties agree to refer the dispute to arbitration in accordance with the Arbitration Act 2005 (Malaysia). The arbitration shall be conducted in Kuala Lumpur in the English language. The award of the arbitrator shall be final and binding on both parties.

16.4 Courts

Notwithstanding the above, Nexgentech reserves the right to seek injunctive or other equitable relief from the courts of Malaysia to prevent infringement of intellectual property rights or unauthorised use of the Services.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or order forms entered into between you and Nexgentech, constitute the entire agreement between you and Nexgentech regarding the Services and supersede all prior agreements, whether oral or written.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 No Waiver

Nexgentech's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not transfer or assign your rights or obligations under these Terms without Nexgentech's prior written consent. Nexgentech may assign these Terms or any rights hereunder without restriction.

17.5 Notifications

Nexgentech may send notices to you via email to the address registered on your account, or via a notice posted on the Platform. Notices to Nexgentech should be sent to [email protected].

17.6 Force Majeure

Nexgentech shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, internet disruptions, or third-party platform outages.

17.7 Independent Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Nexgentech. Both parties are independent contractors.