Aye Face User
Terms and Conditions
In these Aye Face Terms and Conditions (“Terms”), references to “You”, “Your” and “Yours” refers to the customer who is utilising the Aye Face service and has an account with Us and reference to “We”, “Our”, “Ours” and “Us” refers to Aye Solutions Sdn. Bhd., which is the company that is providing Aye Face services to You.
Definitions
“Business Day” means any calendar day from Monday to Friday, except a public holiday in Kuala Lumpur.
“Aye Face” means an innovative facial recognition and personalization service incorporating advanced artificial intelligence, specifically designed to facilitate secure and convenient user identification, offering tailored recommendations and streamlined transactions within its integrated payment system.
“DuitNow ID” means common identifiers of an account holder such as a mobile number, NRIC, passport number, army number or police number (in the case of an individual customer) or business registration number (in the case of a corporate customer) or any other common identifiers as may be introduced by the DuitNow Operator from time to time.
“Auto DirectDebit” means an automated payment authorization system wherein users grant consent for automatic debiting of funds from their designated bank or e-money account tied to their DuitNow ID.
“DuitNow Operator” means Payments Network Malaysia Sdn. Bhd. (Company No.: 200801035403 (836743-D))
“Merchants” means businesses, vendors, or service providers that participate in the Aye Face ecosystem and accept transactions through the Aye Face platform, offering goods or services to users engaging with the facial recognition and personalization service.
“Personal Data” means information related to Your commercial transactions, both directly and indirectly identifying You. This includes fundamental details such as Your name, address, identification card number, passport number, banking information, email address, and contact details. Additionally, for the purpose of enhancing Our AI features, it extends to data concerning Your interactions and preferences within the Aye Face platform.
1.INTRODUCTION
a. These Terms govern and define the parameters of Your utilization of the Aye Face services, inclusive of the Artificial Intelligent service and Facial Recognition Payment service provided by Aye Face. The Aye Face services allow You to transfer a designated amount from your assigned bank or e-money account, linked to your DuitNow ID, to a bank or e-money account maintained by your designated recipient, specifically the Merchants. This may also extend to alternative means, as prescribed by Us or the DuitNow Operator from time to time.
b. Any use of the Aye Face services and acceptance of the Terms by any person(s) or user(s) authorized by You for the purposes of Our services shall be deemed as Your use of Our services and Your acceptance of the Terms.
2. AYE FACE FACIAL RECOGNITION PAYMENT SERVICE
a. To register an account with Aye Face, You must first complete an initial face capturing process for registration and create a PIN for two-step verification.
b. You are required to initiate an Auto DirectDebit consent request by entering Your DuitNow ID (either mobile number, NRIC, or passport number) on Aye Face.
c. Upon entering the consent request, Your banking application will notify You to approve the consent. Once granted, Auto DirectDebit will be effective for six (6) months from the date of Your approval.
d. You are responsible to ensure that the information displayed is accurate before granting consent for Auto DirectDebit.
e. You acknowledge and agree that We shall not be held liable for any errors, neglect, refusal, or omissions, whether due to negligence or otherwise, resulting in the failure to grant consent and make payment of any bills to the participating Merchants.
f. In accordance with Clause 2(e) above, You agree that once a payment has been confirmed, it will be considered irrevocable, and You will not be able to cancel, stop, or make any changes to that transaction.
3. AYE FACE ARTIFICIAL INTELLIGENT SERVICE
a. As You link Your face with payment on Aye Face, Your facial features will be captured and tokenized. Your tokenized face will be assigned an encrypted profile with real-time labels. This profile, rather than Your exact facial image, is used for recognition purposes within the Aye Face Artificial Intelligent service.
b. Aye Face adopts profile recognition to identify and personalize Your experience. This includes recommending menus, providing personalized prompts, and delivering targeted marketing content based on Your preferences and usage patterns.
c. You agree to use the Aye Face Artificial Intelligent service solely for lawful and personal purposes. Any use of the service for illegal, malicious, or commercial activities is strictly prohibited.
d. We may collect and process Your Personal Data to enhance the personalization features of the service. Our privacy policy outlines how this data is handled, and by using Aye Face, You consent to such data processing as described in the privacy policy.
e. You acknowledge and agree that We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from Your use of the Aye Face Artificial Intelligent service. This includes, but is not limited to, any errors, omissions, or inaccuracies in the personalized content.
4. ACCOUNT MANAGEMENT AND AUTO DIRECTDEBIT CONSENT
a. As a user, You have the rights to a comprehensive overview of all registered payment methods via user portal. This includes detailed information about the status and expiration date of consents or bindings associated with each payment method.
b. You have the ability to access Your user portal with the following functionalities:
i) Modify Your payment method, and
ii) Suspend or terminate the Auto DirectDebit consent.
Any changes initiated within the user portal will take immediate effect.
c. You can add more payment methods, such as additional DuitNow IDs or debit/credit cards, within the user portal without the need for re-registration. However, You acknowledge that You must provide Auto DirectDebit consent explicitly for the respective newly added payment methods. Any additional payment methods added post-consent will require a separate and explicit consent process.
d. Upon successful linking of a payment method, You will promptly receive a notification (sent to Your latest email address or phone number that You have notified Us) in such manner as We deem fit.
e. We will provide You with a notification seven (7) days before the Auto DirectDebit consent expires (sent to Your latest email address or phone number that You have notified Us) in such manner as We deem fit.
f. To renew the consent, You can directly initiate the process from any Aye Face device displayed at participating Merchants or via the user portal, starting from the day You receive the expiration notification when using Aye Face. In the event of expiration, you retain the option to renew the consent through the user portal or Aye Face device during your subsequent use.
g. You can access to Your user portal by logging in with Your designated phone number, followed by a verification process involving a one-time password (OTP) sent to Your phone number.
h. You must take reasonable precautions to ensure that Your credentials are kept confidential and not shared with or disclosed to any third party. Any unauthorized use of Your account due to the sharing of credentials will be deemed Your responsibility, and You agree to promptly notify Us of any unauthorized access or suspected security breach.
5. RECOVERY OF FUNDS
a. You have the right to initiate the investigation and recovery process for erroneous payments and unauthorized (including fraudulent) transactions made from your Aye Face account. This process is conducted through Your bank, to which Your DuitNow ID is tied.
b. If You have made an erroneous payment, You may contact Your bank for further action.
c. Pursuant to Clause 5(a) and 5(b) above, We shall not be responsible for investigating or resolving any such erroneous payment and shall not be liable for making payment to the Merchants or for debiting the amount of the payment to You, even if We have notice of such erroneous payment. You hereby undertake not to enjoin Us as a party to any such erroneous payment or to any legal proceedings in relation to such erroneous payment.
6. LIABILITY AND INDEMNITY
a. You acknowledge and agree that, unless expressly prohibited by mandatory laws, We shall not be liable to you or any third party for any direct, indirect, or consequential losses, liabilities, costs, damages, claims, actions, or proceedings of any kind whatsoever in connection with the Aye Face services offered by Us. This liability exclusion encompasses matters of any nature arising from:
i) Your negligence, misconduct or breach of any of these Terms; or
ii) The suspension, termination or discontinuance of the Aye Face services.
b. You shall indemnify Us and Our affiliates harmless from and against any loss or damage suffered due to any claim, demand, or action brought against Us and Our affiliates resulting from Your negligent and/ or fraudulent act.
7. GENERAL
a. You acknowledge that We have the right to change, restrict, vary, suspend or modify these Terms by providing You with thirty (30) days’ notice (sent to Your latest email address or phone number that You have notified Us, or by posting on Our website) in such manner as We deem fit.
b. These revisions will be effective from the date specified in the notice. If You continue to access or use Aye Face services after receiving such notification, You will be considered to have agreed to and accepted the revised charges.
c. You acknowledge that We may terminate Your use of the Aye Face services with Us at Our discretion, at any time and without notice, for any violation of these Terms.
d. If you believe We have suspended or terminated Your Aye Face account in error, you can file an appeal with Us by contacting our Support team via email at support@aye-ai.org.
e. You consent to the collection, use and disclosure of your Personal Data by Us and Our affiliates as required for the purposes of the Aye Face services.
f. These Terms are governed by and shall be construed in accordance with the Laws of Malaysia.
g. Should any provision of these Terms be deemed invalid or unenforceable, whether in whole or in part, the unaffected remaining provisions shall continue to be in full force and effect to the extent permitted by law.