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Terms of Use

1. Introduction

These Terms of Use (the “Terms”) govern access to and use of the website, applications, and services provided by Zimpligital Co., Ltd. (“we”, “us”, “our”, or the “Company”).

By registering for an account or using the services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, including our Privacy Policy. If you do not agree to these Terms, please discontinue your use of the services immediately. We may amend these Terms from time to time by publishing the updated version together with its new effective date. Your continued use of the services following such publication shall constitute your acceptance of the amended Terms. The collection, use, disclosure, and processing of your personal data shall be governed by the Company’s Privacy Policy and Privacy Notice, which form an integral part of these Terms.

2. Eligibility and Account Registration

  • You must be at least eighteen (18) years of age or have reached the age of majority under applicable law.
  • If you register or use the services on behalf of a legal entity, you represent and warrant that you have the authority to legally bind such entity.
  • You must provide accurate, complete, and up-to-date information when registering for and maintaining your account.
  • You are responsible for maintaining the confidentiality of your username, password, and other account credentials.
  • You must notify the Company immediately if you become aware of or reasonably suspect any unauthorized access to or use of your account.

3. Account Use and User Responsibilities

You agree not to:

  • Send unsolicited messages or marketing communications without obtaining any consent required by applicable law
  • Upload, transmit, or distribute any virus, malware, or other malicious or harmful code
  • Attempt to gain unauthorized access to any other person’s account, system, or network
  • Impersonate any person or entity or provide false, misleading, or fraudulent information
  • Use the services in any manner that violates applicable laws or the policies or terms of any third-party platform

4. Data Protection and Roles

Where you use the services to store, process, or manage personal data relating to your customers, employees, or other third parties, you agree to comply with all applicable personal data protection laws and to ensure that an appropriate legal basis exists for the processing of such personal data.

(a) Data Submitted by You

With respect to personal data that you input into the system for your own business purposes, you shall act as the Data Controller, and the Company shall act as the Data Processor.

(b) Data Collected by the Company for Service Provision

With respect to personal data that the Company collects directly from you or your representatives for purposes including service registration, payment processing, customer support, user account administration, and customer relationship management, the Company shall act as the Data Controller and shall process such personal data in accordance with the Company’s Privacy Policy and applicable data protection laws. The Company and you may enter into a Data Processing Addendum (“DPA”) where required by applicable law.

The Company will implement appropriate industry-standard security measures to protect personal data processed through the services. However, you acknowledge that no system or method of electronic transmission or storage can be guaranteed to be completely secure, and the Company cannot guarantee the absolute security of personal data.

5. Integration with Third-Party Services

Where you connect the services to any third-party platform, you authorize us to access and process the information necessary to provide the services. The Company shall not be responsible for the availability, modification of policies, security practices, or data processing activities of any third-party platform.

5.1 Use of Artificial Intelligence (“AI”) Technology

The Company may use Artificial Intelligence (“AI”) technology to support certain functions of ZimpleOmni, including text analysis, automated response generation, data classification, and improvement of system performance.

You acknowledge and agree that information submitted to the system may be processed by third-party technology providers involved in providing AI services, subject to appropriate data protection measures and as further described in the Company’s Privacy Policy and Privacy Notice.

You acknowledge that outputs, content, recommendations, or information generated by the AI system (“AI Output”) may be inaccurate, incomplete, or outdated. The Company does not warrant the accuracy, completeness, or suitability of any AI Output for any particular purpose. You are responsible for reviewing and verifying the accuracy and appropriateness of any AI Output before relying on, acting upon, or providing such AI Output to any third party.

The Company may make certain functions or features available on a testing, trial, or development basis (“Beta Features”) from time to time. Beta Features may contain errors, interruptions, or limitations that are greater than those applicable to the ordinary services. The Company does not warrant the availability, accuracy, or continuity of any Beta Features and may modify, suspend, or discontinue any Beta Features at any time without prior notice.

5.2 International Transfer of Data

You acknowledge that the Company may use cloud service providers, technology infrastructure providers, data analytics providers, or AI service providers located outside Thailand.

The Company will transfer personal data overseas in accordance with the requirements prescribed by applicable personal data protection laws and will implement appropriate data protection measures as required by applicable law.

6. Acceptable Use and Compliance with Marketing Laws

You agree not to use the services in a manner that violates applicable anti-spam laws, electronic marketing laws, personal data protection laws, or other applicable laws, including the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, the Privacy and Electronic Communications Regulations (“PECR”), the General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and any other laws applicable in your jurisdiction. You must obtain consent before sending communications where consent is required by applicable law and must not circumvent or violate the rules or policies of any messaging platform. You are solely responsible for compliance with all applicable laws relating to communications, marketing, advertising, and consumer protection.

7. Intellectual Property

All intellectual property rights in and to the services are owned by the Company or its licensors. You may not copy, modify, reproduce, distribute, publish, or create derivative works from any part of the services without prior authorization. Content created or submitted by you remains your property. However, you grant the Company a limited right to use, store, and process such content solely to the extent necessary to provide the services and improve the system.

8. Service Availability

The Company will use reasonable efforts to maintain the availability and continuity of the services. However, the Company does not warrant that the services will be available at all times, error-free, uninterrupted, or free from defects.

9. Fees and Payment

Where you use paid services, applicable fees shall be charged in advance and are non-refundable, except where otherwise required by applicable law. Failure to make payment may result in suspension of your account or access to the services.

Payments made by credit card or other electronic payment methods may be processed by third-party payment service providers that maintain applicable security standards. The Company does not store your credit card number or payment card information in its systems.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and representatives from and against any claims, liabilities, losses, damages, costs, and expenses arising out of or relating to: (a) your use of the services; (b) your breach of these Terms; or (c) your violation of any rights of a third party.

11. Disclaimer of Warranties

The services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, the Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, availability, reliability, or fitness of the services for any particular purpose.

12. Limitation of Liability

  • To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, revenue, business opportunities, or data.
  • The Company’s aggregate liability arising out of or relating to the services or these Terms shall not exceed the fees actually paid by you during the twelve (12) months preceding the event giving rise to the claim, or such maximum amount as may be permitted by applicable law, whichever is applicable.
  • Nothing in these Terms shall exclude or limit liability to the extent that such liability cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence or for fraud.

13. Export Controls and Sanctions

You represent and warrant that you are not located in, ordinarily resident in, or otherwise subject to the laws of any country or territory subject to applicable comprehensive sanctions, and that you are not listed on any applicable sanctions or restricted-party list. You agree not to use the services in violation of applicable export control, trade sanctions, or economic sanctions laws and regulations.

14. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Thailand. If you are a consumer residing in the United Kingdom or the European Union, nothing in these Terms shall deprive you of any mandatory rights or protections available to you under applicable consumer protection laws. Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts of Thailand, unless otherwise required by applicable consumer protection laws.

15. Force Majeure

The Company shall not be liable for any delay, interruption, or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, internet or telecommunications failures, governmental actions, or other events constituting force majeure.

16. Amendments to These Terms

The Company may amend these Terms from time to time by publishing an updated version together with its effective date. Your continued use of the services following the effective date of any amended Terms shall constitute your acceptance of the updated Terms.

17. Suspension, Termination, and Refunds

17.1 Suspension or Termination by the Company

The Company may immediately suspend, restrict, or terminate your access to all or any part of the services if you:

  • Breach these Terms, the Company’s policies, or applicable laws
  • Use the services in a manner that may adversely affect the system, information security, or other users
  • Use the services for any unlawful purpose or in violation of the policies or terms of any third-party platform
  • Engage in conduct that the Company reasonably believes may cause harm to the Company, other users, or any third party

The Company may provide prior notice or immediately suspend the services, as appropriate in the circumstances. You may terminate your use of the services in accordance with the procedures specified by the Company. However, termination shall not entitle you to a refund of any fees already paid, in whole or in part, except where otherwise required by applicable law or expressly agreed by the Company in writing.

17.2 If you downgrade your subscription plan, change your services, or terminate your services before the end of the applicable service period, the Company shall have no obligation to refund any fees attributable to the remaining portion of such service period.

17.3 If the Company terminates or discontinues the services for reasons not attributable to any breach or misconduct by you, the Company may, at its discretion, provide a pro-rata refund of applicable fees for the unused portion of the relevant service period.

17.4 If you breach these Terms, the Company’s policies, or applicable laws, the Company may issue a warning, suspend, restrict, or terminate the services immediately, and you shall not be entitled to a refund of any fees already paid.

17.5 If your acts or omissions cause damage to the Company’s systems, networks, information security, reputation, or business, you agree to be responsible for all resulting damages, fines, costs, and reasonable attorneys’ fees or other legal expenses incurred by the Company.

17.6 Upon termination or expiration of your use of the services for any reason, your right to access and use the services shall immediately cease. Any provisions which by their nature are intended to survive termination, including provisions concerning intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution, shall remain in full force and effect following termination.

17.7 These Terms, together with the Privacy Policy, Privacy Notice, and any other documents or agreements expressly incorporated by reference herein, constitute the entire agreement between the Company and you concerning your use of the services and supersede all prior agreements, negotiations, understandings, or communications, whether written or oral, relating to the same subject matter.

17.8 If any provision or condition of these Terms is determined by a court or competent authority to be invalid, unlawful, or unenforceable, in whole or in part, such provision shall be ineffective only to the extent of such invalidity, unlawfulness, or unenforceability, without affecting the validity, legality, or enforceability of the remaining provisions.

18. Contact Information

ZIMPLIGITAL LTD.
Address: 77/3-4 Soi Ram Inthra 40, Nuanchan Subdistrict, Bueng Kum District, Bangkok 10230, Thailand
Email: contact@zimpligital.com
Website: https://zimpligital.com
Effective Date: 31 August 2026