Aye Face Merchant
Terms and Conditions
In these Aye Face Merchant Terms and Conditions (“Terms”), references to “You”, “Your” and “Yours” refers to the merchant 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
“Aye Face” means an innovative facial recognition and personalization service incorporating artificial intelligence, specifically designed to facilitate secure and convenient user identification, offering tailored recommendations and streamlined transactions within its integrated payment system. As a merchant, not only it offers actionable data insights for targeted marketing, informed procurement decisions, and improved operational efficiency but also serves as a co-pilot, enhancing Your understanding of customers and allowing exploration of Your customer engagement.
“Aye Face Device Account” means the application where You log in to for the Device. Customers can engage with various functionalities, including but not limited to placing orders, making payments, and interacting with the AI component designed to enhance and boost Your sales.
“Confidential Data” means information encompassing fundamental details about Your store(s), including sales figures, customer, and any data indicative of Your store’s sales and operational efficiency. All such data is utilized exclusively for the purpose of improving and optimizing Aye Face services offered to You.
“Device” means a tablet or any applicable equipment provided by Us for the use of Aye Face services. We retain ownership of the Device, which is rented out and placed at the designated site specified.
“Merchant Account” means the dashboard through which You can use and access actionable data collected pertaining to Your store(s). This platform is designed to provide You with information regarding Your business operations.
“Risk Period” means the duration during which the Device is in Your possession, custody, or control. During this period, the risk of loss, theft, damage, or destruction of the Device is transferred to You upon the delivery of the Device.
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.
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. MERCHANT ACCOUNT AND AYE FACE DEVICE ACCOUNT SETUP
a. Upon signing agreement(s) and providing Us with a designated email address, You will receive credentials to log in to Your Merchant Account.
b. On the Merchant Account, You can create Your Aye Face Device Account, for which You will receive Your Aye Face Device Account login credentials after You have keyed in the required information.
c. You are responsible for accurately entering information during the creation of the Aye Face Device Account. You acknowledge and agree that we are not obligated to verify or seek confirmation regarding the accuracy of this information, and we shall not be liable for any discrepancies or inaccuracies in the entered information.
d. 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(s) 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.
2. SUBSCRIPTION
a. During registration, You are required to provide accurate and up-to-date payment information to facilitate a seamless transition to a paid subscription at the end of the trial period.
b. Upon Your successful registration, You will have access to the subscription You have purchased or the trial assigned to You by Your account manager from Us.
c. Fourteen (14) days prior to the expiration of the free trial, You will receive a notification from Us, alerting You on the expiry of the trial period. This notification may be sent via email or through the Merchant Dashboard. Unless You take action to cancel Your subscription before the trial concludes, You acknowledge and agree that You will be automatically enrolled in Our standard monthly subscription plan. Subsequently, charges will be applied to the payment method provided. You have the flexibility to transition to other subscription plans should you decide to downgrade or upgrade your plan which will be effective in your next billing cycle.
d. Following the conclusion of the free trial period, You retain the rights to certain data collected during the trial period.
3. AYE FACE DEVICE
a. We shall deliver Device to the location set out or such other location as both parties (You and Us) have agreed upon prior to delivery.
b. Delivery dates quoted by Us are approximate only, and the time of delivery is not of the essence. It is expressly agreed that We shall not be liable to You for any delay in delivery or of the condition of the Device or otherwise.
c. Upon delivery, You acknowledge and agree that at its expense and at all times, keep and maintain the Device in good and substantial repair, condition and appearance in order to keep it in as good an operating condition as it was on the commencement date of the subscription (fair wear and tear only accepted).
d. You acknowledge and agree to use the Device only for the purposes for which it was designed and agreed by Us; and ensure to operate the Device in a careful, prudent manner and in accordance with the instructions for use.
e. The Device shall at all times remain as Our property, and You shall have no right, title or interest in or to the Device (save the right to possession and use of the Device subject to these Terms).
f. You agree to allow Us or Our representatives to inspect the Device at all reasonable times and for such purpose to enter upon the site or any premises at which the Device may be located, and shall grant reasonable access and facilities for such inspections.
g. You shall notify Us immediately in the event the Device is lost, stolen or damaged as a result of Your possession or use of the Device or if there is a claim or, for any reason, a threat of seizure of the Device.
h. The risk of loss, theft, damage, or destruction of the Device shall transfer to You upon delivery of the Device. Throughout the Risk Period, the device shall remain solely at Your risk. You agree to indemnify Us in the event of loss, theft, damage, or destruction during the Risk Period until the Device is returned to us.
4. AYE FACE ARTIFICIAL INTELLIGENT SERVICE
a. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve Aye Face services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning. By using Aye Face services You understand and agree:
i) Results of the services will be dependent on numerous external factors, including the actions of competitors and general market conditions, which are beyond Our control. We do not guarantee or warrant an increase in sales arising out of or in connection with the services.
ii) Results of the services may not always be accurate. You should not rely on the results of the services as a sole source of truth or factual information, or as a substitute for professional advice.
iii) You must evaluate the results for accuracy and appropriateness for Your use case, including using human review as appropriate, before using or sharing the results.
b. While We strive to deliver Aye Face services in a professional manner, it is expressly understood that We shall not be considered in breach of these terms and We reserve the right to collect all fees for services rendered, regardless of whether a specific outcome, including but not limited to a certain level of sales generated or expenses saved, has been achieved.
6. INVOICING AND PAYMENT
a. You acknowledge that if You purchase any of Our services, You will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, We will automatically charge Your payment method on each agreed-upon periodic renewal until You cancel. You are responsible for all applicable taxes, and We will charge tax when required.
b. You agree that if You fail to make any payment due, We are entitled to:
i) Downgrade Your account or suspend Your access to Aye Face services until payment is received;
ii) Charge interest on all payments outstanding at the rate of 10% per annum, calculated on a daily basis, and
iii) Recover all costs and expenses incurred in trying to obtain payment of amounts outstanding, including legal costs on an indemnity basis.
c. We may change Our prices from time to time. If We increase Our subscription prices, We will give you at least thirty (30) days’ notice and any price increase will take effect on Your next renewal so that You can cancel if You do not agree to the price increase.
d. Payment for Aye Face services will continue on an ongoing basis until You choose to terminate Your subscription. In the event that Your subscription to Aye Face services is suspended or canceled for any reason, You are obligated to promptly settle all outstanding fees and other monetary obligations owed to Us. You acknowledge that immediate payment is required upon the suspension or cancellation of Your subscription. Termination of Your subscription does not relieve You of the responsibility to settle any outstanding financial obligations accrued up to that point.
7. TERMINATION AND SUSPENSION
a. You are free to cease using Aye Face services at any time. Your decision to discontinue use is at Your discretion and will not incur any further obligations.
b. At the end of the subscription or upon earlier termination of the subscription, You must deliver the Device to the address specified by Us. If necessary, You must also allow Us or Our representatives access to the site or any premises where the Device is located for the purpose of removing the Device. You shall pack the Device using standard packaging materials, where applicable.
c. We reserve the right to suspend or terminate Your access to Our services or delete Your account if We determine:
i) You have breached any provision of these Terms; or
ii) We must do so to comply with the law.
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. Termination of Aye Face services shall not release either party from any liability or right of action which at the time of expiry or termination has already accrued to either party or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights shall include but not be limited to the recovery of any monies due.
8. 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. In the event that the Device experiences a breakdown due to any defect in materials or workmanship, excluding external factors or damages, Our liability shall be limited to the cost of repair, including parts and labour, to return the Device to full working order.
c. 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.
9. 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 consent to the collection, use and disclosure of your Confidential Data by Us and Our affiliates as required for the purposes of the Aye Face services.
d. These Terms are governed by and shall be construed in accordance with the Laws of Malaysia.
e. 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.