AyeFace Merchant
Terms and Conditions

In these AyeFace Merchant Terms and Conditions (“Terms”), references to “You”, “Your”, and “Yours” refer to the merchant who is utilising the AyeFace service and has an account with Us. References to “We”, “Our”, “Ours”, and “Us” refer to Aye Solutions Sdn. Bhd., the company providing the AyeFace services to You.

These Terms govern Your access to and use of the AyeFace platform, including facial recognition functionality, CRM features, and AI-driven personalisation tools. By using AyeFace, You agree to be bound by these Terms. Your use of AyeFace may involve the collection and processing of personal data, including biometric identifiers and other sensitive data of Your Customers. You agree to comply with all applicable data protection laws (including the Malaysian PDPA, Singapore PDPA, and GDPR where applicable), and to ensure that any necessary notices and consents are obtained from Your Customers before their personal data is processed through AyeFace.

Definitions

“AyeFace” means the software-based biometric payment solution developed and provided by Aye Solutions Sdn. Bhd., comprising facial recognition functionality, customer and merchant onboarding flow, artificial intelligence (AI) Customer Relationship Management (CRM) integration, and transaction processing interfaces. This includes mobile applications, APIs, merchant integrations, and any associated features or updates.

“AyeFace Virtual Terminal Account” means the account registered by You to operate the AyeFace application installed on the Device, through which Customers may place orders, make payments, and interact with AI features.

“Confidential Data” means business information relating to the performance and operations of Your store(s), including sales data, store metrics, and other non-personal business information.

“Customer Personal Data” means any information relating to an identified or identifiable individual who interacts with You via AyeFace, including but not limited to biometric identifiers, transaction data, and contact details. Customer Personal Data shall be collected, processed, and protected in accordance with applicable data protection laws.

“Customer” means the end customer or user who interacts with You and Your store through the AyeFace Virtual Terminal. This includes individuals who contribute to Your sales, leads, or engagement by placing orders, making payments, or otherwise interacting with AyeFace-powered services, and including their associated Customer Personal Data, which may be collected, processed, and stored through AyeFace in accordance with applicable laws.

“Device” means the tablet, kiosk, or other applicable equipment on which the AyeFace Virtual Terminal is installed.

“Merchant Portal” means the account and platform provided to You under an active Basic or Pro subscription plan, through which You can access and manage data related to Your store(s). This includes the integrated Customer Relationship Management (CRM) suite, comprising tools such as CRM and loyalty automation, sales analytics, and AI agents. The Merchant Portal is not available under the Free plan.

“Subscription Tier” refers to the level of plan selected by You (Free, Basic, or Pro ) which determines the features and tools made available to You through AyeFace services. Each tier may have different entitlements, limits, or access levels as communicated in Our documentation and pricing materials.

“Virtual Terminal” means the software interface of the AyeFace application installed on the Device, which enables Customers to interact with facial recognition features, place orders, make payments, and interact with the AI components as part of AyeFace services.

Introduction

Merchant Portal Account and Virtual Terminal Account Setup

Subscription

a. AyeFace offers three subscription tiers: Free, Basic, and Pro. Each plan grants varying levels of access and functionality as outlined in Our official pricing and features guide. The Free plan allows limited access to the AyeFace Virtual Terminal only. Basic and Pro plans include full access to the Merchant Portal and additional features such as CRM tools, AI agents, and analytics.

b. If You are participating in a trial period, You are required to provide accurate and up-to-date payment information at registration to ensure a smooth transition to a paid subscription once the trial ends. Payment information will be collected and processed securely by Our authorised payment processor(s).

c. Upon registration, You will be granted access to either:

i. the subscription plan You have purchased, or

ii. the trial plan assigned to You by Your designated account manager from Us.

d. If You are on a trial plan, We will notify You at least fourteen (14) days prior to the trial expiry, either via email or through the Merchant Portal. Unless You cancel Your subscription before the trial ends, You agree that Your account will automatically convert to the monthly subscription plan as per Your trial selection, and the applicable charges will be applied to the payment method provided. By continuing to use AyeFace after the trial ends, You expressly authorise Us to charge the payment method provided. You may choose to upgrade or downgrade Your plan, and such changes will take effect in Your next billing cycle.

e. Upon the conclusion of the trial period, if You do not continue with a paid subscription, You may request a copy or export of certain Customer Personal Data and Confidential Business Data collected during the trial within thirty (30) days of the trial’s expiry. After this period, such data will be securely deleted or anonymised in accordance with Our data retention policy. This post-trial access does not extend to features previously available under the Basic or Pro subscription tiers.

Device for AyeFace Virtual Terminal

AyeFace Artificial Intelligence Service

Invoicing and Payment

a. If You are subscribed to any paid AyeFace plan (Basic or Pro), You agree to provide and maintain complete, accurate, and up-to-date billing information, including a valid payment method. Subscription fees will be billed automatically based on Your selected billing cycle (monthly or annual, where applicable), unless otherwise agreed in writing.

b. The mode of payment collection will follow the terms outlined in Your Merchant Agreement. Depending on Your region and the selected merchant acquirer, the method of billing and collection may vary. Any amendments to the collection method must be agreed upon in writing by both parties.

c. All prices are exclusive of applicable taxes, duties, or charges imposed under relevant laws. You are responsible for any such charges and they may be added to Your invoice as required by law.

d. In the event of non-payment or failed billing:

i. We may suspend, restrict, downgrade, or terminate Your access to the AyeFace services (including the Merchant Portal) until full payment is received, without waiving Our right to collect overdue amounts;

ii. Interest will accrue on overdue amounts at the rate of ten percent (10%) per annum, or the maximum rate permitted by applicable law (whichever is lower), calculated daily from the due date until payment is received in full; and

iii. We reserve the right to recover all reasonable costs incurred in the collection of overdue payments, including debt recovery agency fees and legal fees on a full indemnity basis.

e. We may update Our pricing structure from time to time. If any price adjustment affects Your current plan, You will receive at least thirty (30) days’ advance notice, delivered via email or through the Merchant Portal. The updated pricing will apply from Your next billing cycle. If You do not agree to the revised fees, You may cancel Your subscription before the effective date of the change.

f. Your subscription will automatically renew unless and until You cancel it in accordance with these Terms. In the event of cancellation, suspension, or termination of Your access to AyeFace services for any reason, You remain responsible for settling any outstanding fees incurred up to the effective date of termination.

g. All payments are non-refundable except where required by applicable law or expressly stated otherwise in writing.

Settlement

Termination and Suspension

Liability and Indemnity

a. To the maximum extent permitted by applicable law, We shall not be liable to You or any third party for any direct, indirect, incidental, consequential, special, or exemplary losses, damages, claims, costs, or liabilities arising out of or in connection with:

i. Your access to or use of the AyeFace services;

ii. Any disruption, interruption, delay, error, or malfunction related to the services, including those caused by AI-generated outputs, software bugs, internet failure, or third-party services;

iii. Inaccuracies in sales data, customer analytics, or performance insights derived from the Merchant Portal, CRM, or AI systems;

iv. Device issues, including hardware failure, malfunction, or compatibility limitations; or

v. Actions or omissions of any hardware vendor, service provider, or partner not directly controlled by Us.

b. We make no representation or warranty that the AyeFace services will be uninterrupted, timely, secure, error-free, or suitable for any particular purpose. You acknowledge and agree that the Merchant Portal, CRM features, and AI recommendations are intended as supporting tools and should not be solely relied upon for operational decisions.

c. You agree that We shall not be responsible for the provision, repair, maintenance, or replacement of any Device, whether procured through Our hardware partners or independently. Any support, warranty, or remedy in relation to the Device is to be pursued directly with the relevant hardware provider.

d. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

e. You agree to indemnify, defend, and hold harmless Us, Our affiliates, and Our respective officers, employees, contractors, and agents, from and against any and all claims, damages, liabilities, losses, regulatory penalties, and expenses (including reasonable legal and defence costs) arising out of or in connection with:

i. Your breach of these Terms;

ii. Your misuse of the AyeFace services;

iii. Any claims brought by Customers or third parties in connection with Your business operations or reliance on AyeFace outputs;

iv. Any negligent, fraudulent, or unlawful act or omission by You, Your employees, or Your authorised users; or

v. Any breach by You of applicable data protection or privacy laws.

Data Protection and Privacy

General

a. Amendments. We may amend, update, or modify these Terms from time to time. Except where immediate changes are required by law, regulation, or security considerations, We will provide You with at least thirty (30) days’ prior notice. Notice may be delivered via email, the Merchant Portal, or publication on Our official website. Continued use of the AyeFace services after the effective date of any changes constitutes Your acceptance of the revised Terms.

b. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Malaysia for any disputes arising under or in connection with these Terms.

c. International Data Transfers. Where required by law, Standard Contractual Clauses (“SCCs”) approved by the European Commission (or any successor framework recognised under EU or UK law) shall apply automatically and are incorporated by reference into these Terms for all cross-border transfers of personal data subject to EU or UK data protection regulations. You agree to enter into any supplementary measures or additional data transfer agreements reasonably required by Us to comply with applicable law. You can access the applicable SCCs at: https://commission.europa.eu/standard-contractual-clauses.

d. Data Retention. We retain Confidential Data and operational information only as long as necessary for service delivery, compliance, and legal obligations. Upon termination of Your subscription, data may be retained for a reasonable period consistent with Our retention policy, after which it will be securely deleted or anonymised. Aggregated and anonymised data may be retained and used indefinitely for analytical and business purposes.

e. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall remain in full force and effect.

f. No Waiver. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly agreed in writing.

g. Entire Agreement. These Terms, together with any referenced policies, annexes, or executed agreements, constitute the entire agreement between You and Us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and understandings, whether written or oral.

Last Updated: 19 September 2025

AyeFace MerchantTerms and Conditions

AyeFace Merchant
Terms and Conditions