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TERMS OF SERVICE

Last Updated:  2025 SEP 1st

AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (the “Client”) and LIVEXION TECH PROVIDER (“Livexion”, “we”, “us”, or “our”) concerning your use of our technology consultancy services.

By engaging our services, you agree to be bound by these Terms.

ABOUT LIVEXION

LIVEXION TECH PROVIDER is a professional consultancy firm specializing in Meta Platform (Facebook and Instagram) API integrations for retail businesses.

Company Name: LIVEXION TECH PROVIDER
Business Registration: No.202503266780 (003780043-P)
Registered Address: 6 JALAN INDAH 1/6 TAMAN KLUANG INDAH 86000 KLUANG JOHOR MALAYSIA
Email: service@livexion.com

OUR SERVICES

LIVEXION TECH PROVIDER consultancy services including:

1. META PLATFORM API INTEGRATION
• Facebook Graph API and Instagram Graph API implementation
• Secure API access configuration and token management
• Permissions setup and App Review assistance
• Ongoing API maintenance and optimization

2. LIVE COMMERCE TECHNICAL SOLUTIONS
• Custom order management dashboard development
• Real-time comment monitoring and processing
• Customer profile data integration
• E-commerce platform integrations (WooCommerce, Shopify, etc.)

3. STRATEGIC CONSULTING
• Live commerce strategy and optimization
• Best practices for social media selling
• Compliance guidance for Meta Platform policies

4. TECHNICAL SUPPORT
• System monitoring and maintenance
• Troubleshooting and bug fixes
• Performance optimization
• Security updates and patches

5. TRAINING & DOCUMENTATION
• Staff training on implemented systems
• User guides and documentation
• Ongoing consultation support

SERVICE SCOPE

WHAT WE DO:
✓ Provide expert technical consultancy and implementation services
✓ Integrate Meta Platform APIs with your business systems
✓ Process data on your behalf as your service provider
✓ Maintain security and compliance with Meta Platform policies
✓ Provide ongoing technical support and optimization

WHAT WE DON’T DO:
✗ Take ownership of your business or customer data
✗ Use your data for purposes beyond providing our services
✗ Share your data with third parties (except as necessary for service delivery)
✗ Guarantee specific business outcomes or sales results
✗ Provide legal or accounting advice

CLIENT RESPONSIBILITIES

As our client, you agree to:

1. ACCURATE INFORMATION
• Provide accurate information about your business and requirements
• Keep your contact and business information up to date

2. ACCESS AND PERMISSIONS
• Grant necessary API access permissions for your Facebook and Instagram accounts
• Maintain your Facebook Business Manager and App configurations
• Ensure you have proper authority to grant us access to your business data

3. COMPLIANCE
• Comply with Meta Platform Terms of Service and Policies
• Use our services only for legitimate business purposes
• Ensure you have the legal right to process your customers’ data
• Obtain necessary consents from your customers where required

4. SECURITY
• Maintain appropriate security of your accounts and credentials
• Notify us immediately of any suspected security breaches
• Follow our security recommendations and best practices

5. LEGAL COMPLIANCE
• Comply with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purposes
• Not violate any third-party rights

DATA PROCESSING RELATIONSHIP

1. YOUR ROLE (DATA CONTROLLER)
You are the Data Controller for all customer data collected through your
Facebook and Instagram Pages.

2. OUR ROLE (DATA PROCESSOR)
We act as a Data Processor and service provider, processing data only on
your behalf and according to your instructions.

3. DATA OWNERSHIP
You retain full ownership of all your business data and customer information.
We do not claim any ownership rights to your data.

4. DATA USE LIMITATIONS
We will:
• Process data only to provide our contracted services
• Not use your data for our own purposes
• Not share your data with third parties (except authorized sub-processors)
• Implement appropriate security measures to protect your data

5. YOUR OBLIGATIONS AS DATA CONTROLLER
You are responsible for:
• Providing privacy notices to your customers
• Obtaining necessary consents for data processing
• Responding to data subject requests (we will assist as needed)
• Ensuring lawful basis for processing customer data

META PLATFORM COMPLIANCE

By using our services, you acknowledge and agree that:

1. META PLATFORM TERMS
• Your use of Meta Platform data must comply with Meta Platform Terms and Policies
• You are responsible for maintaining your own Meta Platform accounts and apps
• You must obtain and maintain necessary App Review approvals

2. PERMISSIONS AND ACCESS
• You grant us authorized access to your Facebook and Instagram data
• We will access only the data necessary to provide our services
• You can revoke access at any time by terminating our services

3. POLICY CHANGES
• Meta Platform may change policies that affect our services
• We will notify you of significant policy changes
• You may need to adjust your use of our services to maintain compliance

4. SERVICE LIMITATIONS
• Our services depend on Meta Platform APIs and their availability
• Meta may impose rate limits or restrictions on API usage
• We are not responsible for changes or restrictions imposed by Meta Platform

FEES AND PAYMENT

1. SERVICE FEES
• Consultancy fees are agreed upon in separate service agreements or proposals
• Implementation fees are based on project scope and complexity
• Ongoing support fees may be charged monthly, quarterly, or annually

2. PAYMENT TERMS
• Payment terms are typically Net 30 days from invoice date (unless otherwise specified)
• Invoices will be sent via email to your designated billing contact
• Payment methods accepted: Bank transfer, credit card, or as agreed

3. LATE PAYMENTS
• Late payments may incur interest charges of 1.5% per month (or maximum allowed by law)
• We reserve the right to suspend services for accounts overdue by more than 30 days

4. EXPENSES
• Client is responsible for third-party costs (hosting, APIs, tools) unless otherwise agreed
• Significant expenses will be pre-approved before incurring

5. REFUNDS
• Consulting and implementation fees are generally non-refundable once work begins
• Unused prepaid support hours may be refundable at our discretion
• Refund requests must be submitted in writing

INTELLECTUAL PROPERTY

1. LIVEXION’s IP
• All proprietary systems, methodologies, frameworks, and pre-existing code
developed by Livexion remain our intellectual property
• You receive a license to use our systems as part of our services

2. CUSTOM IMPLEMENTATIONS
• Custom code and solutions developed specifically for your business become
your property upon full payment
• We may retain the right to use generic components for other clients

3. CLIENT DATA AND CONTENT
• You retain all rights, title, and ownership to your business data and content
• You grant us a limited license to use your data solely to provide our services

4. THIRD-PARTY IP
• Meta Platform APIs and related technologies remain the property of Meta
• Other third-party tools and services are subject to their respective terms

CONFIDENTIALITY

Both parties agree to:

1. CONFIDENTIAL INFORMATION
• Keep confidential information private and secure
• Not disclose business information to unauthorized third parties
• Use confidential information only for purposes of this agreement

2. EXCEPTIONS
Confidential information does not include information that:
• Is publicly available through no fault of the receiving party
• Was known prior to disclosure
• Is independently developed
• Is required to be disclosed by law

3. DURATION
• Confidentiality obligations survive termination of services for 3 years

SERVICE AVAILABILITY AND PERFORMANCE

1. UPTIME
• We strive for maximum system uptime and reliability
• We do not guarantee 100% uptime or error-free operation
• Scheduled maintenance will be communicated in advance when possible

2. THIRD-PARTY DEPENDENCIES
• Our services depend on Meta Platform APIs, hosting providers, and other third parties
• We are not responsible for disruptions caused by third-party service outages

3. SUPPORT RESPONSE TIMES
• Support response times depend on your service plan
• Critical issues will be prioritized
• Support is provided during business hours unless 24/7 support is contracted

LIMITATION OF LIABILITY

To the maximum extent permitted by law:

1. LIABILITY CAP
• Our total liability is limited to the fees you paid for services in the
12 months prior to the claim
• This applies to all claims collectively, not per incident

2. EXCLUDED DAMAGES
We are not liable for:
• Indirect, consequential, incidental, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services

3. NOT OUR FAULT
We are not responsible for losses caused by:
• Meta Platform policy changes or API restrictions
• Your violation of Meta Platform Terms or these Terms
• Third-party actions or services
• Events beyond our reasonable control (force majeure)

4. ESSENTIAL PURPOSE
These limitations apply even if any remedy fails its essential purpose

WARRANTY DISCLAIMER

SERVICES PROVIDED “AS IS”:

Our services are provided “as is” and “as available” without warranties of any kind,
either express or implied.

WE DISCLAIM ALL WARRANTIES INCLUDING:
• Warranties of merchantability and fitness for a particular purpose
• Warranties of uninterrupted or error-free operation
• Warranties of specific results or outcomes
• Warranties regarding Meta Platform permissions or approvals
• Warranties of compatibility with all systems

WE DO NOT GUARANTEE:
• Approval of Meta Platform App Review requests
• Continued availability of Meta Platform APIs or features
• Specific sales results or business outcomes
• That our services will meet all your requirements

INDEMNIFICATION

You agree to indemnify and hold Livexion harmless from any claims, damages, or
expenses (including reasonable legal fees) arising from:

• Your violation of these Terms or Meta Platform Terms
• Your violation of any laws or third-party rights
• Your misuse of our services
• Content or data you provide or process
• Claims by your customers or end users (we will assist in responding)

TERM AND TERMINATION

1. TERM
• These Terms begin when you engage our services
• Specific service engagements are governed by individual agreements or proposals

2. TERMINATION BY CLIENT
• You may terminate services with 30 days written notice
• Fees for completed work and ongoing monthly periods remain due
• Early termination may forfeit prepaid fees (depending on agreement)

3. TERMINATION BY LIVEXION
We may terminate services if:
• You breach these Terms or Meta Platform policies
• Your account is overdue by more than 60 days
• You engage in illegal or harmful activities
• Continued service would violate laws or regulations

4. IMMEDIATE TERMINATION
Either party may terminate immediately if:
• The other party becomes insolvent or bankrupt
• There is a material breach that is not cured within 15 days of notice

5. EFFECT OF TERMINATION
Upon termination:
• We will cease accessing your Meta Platform data
• You must pay all outstanding fees for completed work
• We will provide reasonable transition assistance (may be billable)
• We will return or delete your data as you request (within legal requirements)

6. SURVIVAL
These provisions survive termination: Payment obligations, Intellectual Property,
Confidentiality, Limitation of Liability, Indemnification

DATA RETURN AND DELETION

Upon termination or at your request:

1. DATA RETURN
• We will provide your data in a commonly used format
• Data export may be subject to reasonable fees for large datasets

2. DATA DELETION
• We will delete your data from our systems within 90 days of termination
• Some data may be retained for legal, accounting, or backup purposes
• Deletion from backups occurs according to standard retention cycles

MODIFICATIONS TO SERVICES AND TERMS

1. SERVICE CHANGES
We reserve the right to:
• Modify our services and features
• Discontinue services with 60 days notice
• Update our systems and technologies

2. CHANGES TO TERMS
• We may update these Terms with reasonable notice
• Notice will be provided via email or website posting
• Continued use after changes constitutes acceptance
• Material changes may require explicit acceptance

3. PRICING CHANGES
• Fees may be adjusted annually with 60 days notice
• Existing fixed-price projects are not affected

DISPUTE RESOLUTION

1. GOOD FAITH NEGOTIATION
Any disputes will first be addressed through good faith negotiation between
the parties.

2. MEDIATION
If negotiation fails, disputes will be submitted to mediation before proceeding
to formal proceedings.

3. GOVERNING LAW
These Terms are governed by the laws of Malaysia.

4. JURISDICTION
Any legal proceedings will be conducted in the courts of Malaysia.

GENERAL PROVISIONS

1. ENTIRE AGREEMENT
These Terms, together with any signed service agreements and proposals,
constitute the entire agreement between you and Livexion.

2. SEVERABILITY
If any provision is found invalid or unenforceable, the remaining provisions
remain in full effect.

3. WAIVER
Our failure to enforce any provision does not constitute a waiver of that
provision or any other provision.

4. ASSIGNMENT
• You may not assign these Terms without our written consent
• We may assign these Terms to an affiliate or successor

5. NOTICES
• Notices must be in writing (email is acceptable)
• Notices to you will be sent to your registered email address
• Notices to us should be sent to: support@livexion.com

6. FORCE MAJEURE
Neither party is liable for delays or failures due to events beyond reasonable
control (natural disasters, war, pandemics, government actions, etc.)

7. INDEPENDENT CONTRACTORS
We are independent contractors. These Terms do not create a partnership,
joint venture, or employment relationship.

8. NO THIRD-PARTY BENEFICIARIES
These Terms are solely for the benefit of the parties and do not create
rights for any third parties.

CONTACT US

For questions about these Terms:

Email: support@livexion.com
Legal Inquiries: legal@livexion.com
Business Registration: No.202503266780 (003780043-P)
Registered Address: 6 JALAN INDAH 1/6 TAMAN KLUANG INDAH 86000 KLUANG JOHOR MALAYSIA

ACCEPTANCE

By using our services, you acknowledge that you have read, understood, and agree
to be bound by these Terms of Service.