1. Initial Agreement

These Terms ('Terms') form a contract between you ('Customer', 'you') and HelloAds Co., Ltd. ('CAIKU', 'we', 'us'). By subscribing to or using caiku.ai, you accept these Terms.

If subscribing on behalf of a company, you represent that you have authority to bind that company to these Terms.

2. Definitions

• 'Services' = the CAIKU AI Agent platform (Voice + Chat) and the caiku.ai website
• 'Customer Data' = data uploaded or generated by Customer while using the Services
• 'End-user' = a person who interacts with Customer's AI agent
• 'Subscription' = the service plan Customer subscribes to (Starter / Growth / Pro / Enterprise)

3. Subscription

3.1 Free Trial

1. New customers receive a 14-day free trial
2. No credit card required
3. Features limited per the trial plan
4. Auto-cancels at trial end — no charges

3.2 Paid Subscription

1. Pricing per the selected plan (Starter ฿15k / Growth ฿45k / Pro ฿120k / Enterprise custom)
2. Billing cycle: monthly or annually
3. Annual subscribers receive a 15% discount
4. Auto-renewal — cancellable at any time

3.3 Payment

1. Via credit card / debit card / bank transfer / PromptPay
2. Service fee + 7% VAT
3. Invoice and tax invoice sent by email each billing cycle
4. Late payment: 1.5%/month interest after 7 days

4. Cancellation & Refund

4.1 Cancellation

1. Cancellable any time via account settings or email
2. Service continues until end of billing cycle
3. No cancellation fee
4. Annual subscribers — pro-rated refund (less 15% service fee)

4.2 Money-Back Guarantee

5. Acceptable Use

Customer agrees NOT to use the Services to:

• Engage in illegal or fraudulent activity
• Send spam or messages without consent
• Harass or threaten any person
• Infringe intellectual property rights
• Reverse engineer, hack, or disrupt the Services
• Resell the Services without authorization
• Train Customer's own AI model using CAIKU output
• Violate PDPA or any other applicable law

5.1 Sanctions

1. First warning — written notice
2. Repeat violation — 7-day account suspension
3. Severe violation — immediate termination, no refund

6. Customer Responsibilities

6.1 PDPA Compliance

Customer is the 'Data Controller' under PDPA for Customer's end-user data. CAIKU is the 'Data Processor'. Customer is responsible for:

1. Obtaining required consent from Customer's end-users
2. Providing a Privacy Notice to Customer's end-users
3. Responding to DSR requests from Customer's end-users
4. Verifying accuracy of uploaded data

6.2 Account Security

1. Maintain password confidentiality
2. Use Multi-Factor Authentication (MFA)
3. Notify us immediately if you suspect account compromise
4. Responsible for all account activity (including authorized users)

7. CAIKU Responsibilities

7.1 Service Level Agreement (SLA)

7.2 Limitations of Liability

8. Intellectual Property

8.1 CAIKU's Property

The platform, software, AI models, design, and brand are CAIKU's property. Customer receives a license to use — not a transfer of ownership.

8.2 Customer's Property

Customer Data and content created by Customer remain Customer's property. CAIKU uses them only to deliver the Services as instructed by Customer.

8.3 AI Output

Output from the AI agent (responses to customers, voice transcripts) — Customer has the right to use within Customer's own business. May not be used to train other AI models.

9. Confidentiality

Each party agrees to keep the other party's confidential information secret — not disclosing it to third parties. This obligation survives for 5 years after termination.

10. Termination

10.1 By Customer

1. Cancel via account settings at any time
2. Customer Data exportable within 30 days
3. After 90 days — all data deleted (per retention policy)

10.2 By CAIKU

CAIKU may terminate Customer's service with 30 days' notice in cases of:

• Material breach of Terms
• Payment overdue beyond 60 days
• Illegal activity
• CAIKU ceases the entire service (rare)

11. Disputes & Governing Law

These Terms are governed by the laws of Thailand. Any dispute shall be resolved by:

1. Negotiation for the first 30 days
2. Mediation — using a mediation institution agreed by both parties
3. Arbitration — under the rules of the Thai Arbitration Institute (TAI), Bangkok

12. Changes

CAIKU may update these Terms from time to time — with 30 days' prior notice. Continued use of the Services constitutes acceptance of the new Terms.

13. Contact