ข้อกำหนดในการใช้งาน

1. Introduction

These Terms govern your access to and use of the website, applications, and services provided by ZAAPI PTE. LTD. (“Zaapi”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Services, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

We may update these Terms from time to time. Updated versions will be posted with a revised effective date. Continued use after updates constitutes acceptance of the revised Terms.

2. Eligibility and Account Registration

To use the Services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have authority to bind your business (if registering on behalf of an entity).
• Provide accurate and complete registration information.
• Maintain the security of your login credentials.

You are responsible for all activity under your account. Notify us immediately at hello@zaapi.com if you suspect unauthorized access.

3. Account Use and Responsibilities

You agree to:

• Use the Services only for lawful purposes.
• Comply with all applicable laws and regulations.
• Obtain all necessary consents from customers whose data you process using Zaapi.
• Comply with third-party platform policies (including but not limited to Meta, WhatsApp, LINE, Shopee, Lazada, TikTok, Shopify).

You must not:

• Send unlawful, unsolicited, or non-consensual marketing communications.
• Upload malicious code or attempt to disrupt the Services.
• Reverse engineer, copy, or resell the Services without authorization.
• Impersonate others or access accounts without permission.

Zaapi may suspend or terminate accounts that violate these Terms.

4. Data Protection and Roles

4.1 Controller and Processor Roles

When you use Zaapi to process customer communications and personal data:

• You act as the data controller.
• Zaapi acts as a data processor on your behalf.

You are responsible for:

• Ensuring lawful processing.
• Obtaining consent where required.
• Responding to data subject requests.

Zaapi processes data in accordance with its Privacy Policy and applicable data protection laws.

If required under applicable law (including GDPR or UK GDPR), a Data Processing Addendum (DPA) may apply.

5. Integrations and External Services

Zaapi allows connection to third-party platforms.

By enabling integrations, you authorize Zaapi to access and process data necessary to provide Services.

Zaapi is not responsible for:

• Third-party platform availability.
• Policy changes.
• Data practices of external services.

6. Acceptable Use and Compliance with Marketing Laws

You agree not to use Zaapi to:

• Violate anti-spam or marketing laws (including TCPA (US), CAN-SPAM (US), PECR (UK), GDPR, UK GDPR).
• Send messages without required opt-in consent.
• Circumvent messaging platform rules.

You are solely responsible for ensuring compliance with all applicable communications and consumer protection laws.

7. Intellectual Property

All intellectual property rights in the Services belong to Zaapi or its licensors.

You may not copy, modify, distribute, or create derivative works without written permission.

User Content

You retain ownership of your content.

You grant Zaapi a limited, non-exclusive, worldwide license to host, store, and process your content solely to provide and improve the Services.

8. Service Availability and Modifications

The Services are provided on an “as is” and “as available” basis.

We do not guarantee uninterrupted or error-free operation.

We may modify, suspend, or discontinue any part of the Services at any time.

9. Fees and Payments (If Applicable)

If you subscribe to a paid plan:

• Fees are billed in advance.
• Fees are non-refundable unless required by law.
• Failure to pay may result in suspension.

10. Indemnification and Liability

We may suspend or terminate access if:

• You violate these Terms.
• Required by law.
• Your activity poses risk to systems or users.

You may terminate your account at any time.

Upon termination, your access ends immediately. Certain provisions survive termination.

11. Indemnification

You agree to indemnify and hold harmless Zaapi, its affiliates, officers, employees, and agents from claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of applicable laws.
• Your infringement of third-party rights.

12. Disclaimer of Warranties

To the fullest extent permitted by law:

The Services are provided “as is” and “as available”.

Zaapi disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

13.1 Indirect Damages

To the maximum extent permitted by law, Zaapi shall not be liable for:

• Loss of profits
• Loss of revenue
• Loss of data
• Loss of business opportunity
• Loss of goodwill
• Indirect, incidental, special, consequential, or punitive damages

13.2 Liability Cap

To the maximum extent permitted by law, Zaapi’s total aggregate liability arising out of or relating to the Services shall not exceed the total fees paid by you to Zaapi in the twelve (12) months preceding the claim.

If you are using a free plan, Zaapi’s total liability shall not exceed USD $100.

13.3 Non-Excludable Liability (UK & Mandatory Law)

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Any liability that cannot be excluded under applicable law.

14. Export Control and Sanctions

You represent that:

• You are not located in a country subject to sanctions.
• You are not on any sanctions list maintained by Singapore, the United States, United Kingdom, or European Union.

You agree not to use the Services in violation of export control laws.

15. Dispute Resolution and Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict of law principles.

If you are a consumer residing in the UK, EU, or other jurisdiction with mandatory consumer protections, nothing in these Terms limits your statutory rights.

Any disputes shall be submitted to the courts of Singapore unless otherwise required by mandatory consumer protection laws.

16. Force Majeure

Zaapi is not liable for delays or failure caused by events beyond reasonable control, including but not limited to natural disasters, internet outages, government actions, or third-party service disruptions.

17. Updates to These Terms

We may revise these Terms periodically. Updated versions will be posted with a new effective date.

18. Contact Information

ZAAPI PTE. LTD.
9 Battery Road
Singapore 049909
Email: hello@zaapi.com
Website: https://www.zaapi.com

Effective Date

These Terms of Service were last updated on February 11, 2026.

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