Terms of Service
These Terms govern access to cx010.com and the Customer Brain platform provided by CX010 Sdn Bhd (“CX010”, “we”, “us” or “our”), including access through cx.nexphace.com during migration. “You” means the person or organisation accepting these Terms. If you act for an organisation, you confirm that you are authorised to bind it.
1. Acceptance and other agreements
By affirmatively accepting these Terms during registration or purchase, you agree to them. If you do not agree, do not register for or purchase the service. An executed enterprise agreement or order form takes priority to the extent it conflicts with these Terms. Where a data processing agreement has been agreed, it governs our processing of customer personal data; otherwise, Section 4 and our Privacy Policy apply.
2. Accounts and access
You must be at least 18 and legally able to enter this agreement. Provide accurate account and billing details, protect your credentials and ensure your authorised users comply with these Terms. Notify us promptly of suspected misuse. You are responsible for managing your users’ permissions and access, including removing access when a user leaves your organisation.
3. Service scope
Customer Brain provides customer information management, analysis and AI-enabled functionality as described in your selected plan or order. Access is limited to that scope and any stated usage limits. Beta or trial features may have additional limitations disclosed when offered. Availability of a feature on a marketing page does not replace the specific commitments in an agreed order.
4. Customer data and permissions
You retain your rights in data, files, databases and other content you submit or connect (“Customer Content”). You grant CX010 a limited right to host, copy, transmit and process that content as necessary to deliver, secure and support the service under your instructions. This permission does not transfer ownership of Customer Content to CX010.
You must have the rights, notices, permissions and other lawful authority needed to submit Customer Content and enable its intended processing, including by connected services and AI providers. You are responsible for the legality and accuracy of that content and your instructions. Do not upload data that your plan or agreement does not support. We process personal data in Customer Content only on your instructions, keep it confidential, protect it with appropriate security measures, use the service providers listed in our Privacy Policy, notify you of relevant personal data breaches without undue delay, and assist you with individuals’ requests where required by law.
5. Acceptable use
Do not use the service unlawfully; infringe privacy or intellectual property rights; send unauthorised marketing or spam; upload malware; attempt unauthorised access; bypass security or usage restrictions; disrupt the service; or misrepresent AI outputs as verified facts. Do not use the service for decisions or activities requiring safeguards that the service and your agreement do not provide.
6. AI outputs and actions
AI outputs may be incomplete, incorrect, biased or similar to outputs provided to others. You must review their accuracy and suitability before use. AI outputs are not a substitute for professional advice.
Each external action, including customer replies, advertising launches, budget changes and audience uploads, requires approval by you or an authorised user before Customer Brain carries it out, and is carried out only within the approved scope. Connecting an account or accepting these Terms does not replace action-specific approval. You remain responsible for managing your users’ permissions and reviewing proposed actions. These responsibilities do not exclude CX010’s own contractual or legal obligations.
Subject to applicable law and third-party rights, CX010 does not claim ownership of outputs generated for you from your Customer Content. We do not guarantee that outputs qualify for intellectual property protection or are unique. Nothing here excludes responsibilities that cannot lawfully be excluded.
7. Fees, subscriptions and payment
Applicable prices, currency, taxes, billing intervals, usage charges and plan limits are shown at checkout or in your order. You authorise charges for the plan and purchases you select. Payments are processed by Stripe.
- Annual subscription and renewal. Subscriptions are annual, billed in advance, and renew automatically for a further year at the end of each annual term until cancelled.
- Cancellation. You can cancel at any time in your billing settings or by emailing us. Cancellation takes effect at the end of the current annual term, and you keep access until then.
- Refunds. Subscription fees, top-up purchases and unused credit balances are not refundable, and partial terms are not prorated, except where required by law or expressly stated in your order. This does not prevent the credit adjustments for failed actions described below.
- Trials. A free trial does not convert to a paid plan automatically. When the trial ends, workspace access is paused until you choose a paid plan.
- Failed payments. If a payment fails, we will notify you and retry. If it remains unpaid 14 days after the due date, we may suspend access until it is paid.
- Credits and top-ups. Chargeable usage is paid for with credits. The credit rates and charging basis are shown in your plan or in Customer Brain before chargeable work begins. When your credits run out, usage that requires credits is paused until you choose to buy a top-up. We never charge for usage beyond your available credits or buy top-ups automatically. Top-up prices and applicable taxes are shown before payment.
- Credit expiry. Credits included in an annual subscription, and credits bought as top-ups during that term, expire at the end of that annual term and do not carry over on renewal. If your subscription ends, remaining credits expire when it ends.
- Failed actions and retries. Credits may be charged for AI work already completed, such as generating a draft, even if you decide not to approve the proposed action. If an approved reply cannot be sent or an advertising submission is rejected, the completed AI work remains chargeable, but no execution charge applies to the uncompleted action, or it is reversed. If a CX010 system fault prevents a result, no credits are charged for that work, or charged credits are restored. Retrying the same failed action does not incur a second execution charge. These credit adjustments are separate from cash refunds and do not limit your mandatory rights.
- Price changes. We will give at least 30 days’ notice of price changes, which apply from your next annual term.
Mandatory statutory rights apply despite any contractual refund restriction. Contact contactus@cx010.com promptly about billing errors. We will provide reasonable notice before suspending access for overdue undisputed charges, except where immediate action is legally required or necessary to address a security risk.
8. Third-party services and platform integrations
Third-party integrations, payment services and other connected products, including TikTok, TikTok Shop, TikTok for Business, Shopee, Lazada, Meta and Google Ads, are governed by their own terms and policies. When you connect one, you authorise us to access and act on it within the permissions you grant, and you remain responsible for complying with that platform’s seller, developer and messaging policies, including for replies and other actions sent through Customer Brain. Platform availability and API features may change outside our control. You can disconnect a platform at any time. We remain responsible for our own obligations under the applicable agreement and law.
Advertising. If you use Customer Brain to plan, launch or manage advertising on TikTok or another advertising platform:
- campaigns run in your own advertising account, under that platform’s advertising terms and policies, and you are the advertiser;
- Customer Brain launches campaigns, changes budgets, uploads audiences and performs other advertising actions only after you or an authorised user has approved that specific action;
- ad spend is billed by the advertising platform directly to your advertising account. CX010 does not advance or pay ad spend for you, and it is separate from your Customer Brain subscription and credits;
- you are responsible for your ad content, targeting, budgets and claims, and for ensuring that your data sources, audience uploads and conversion events are permitted by applicable law and platform terms. Your instructions do not authorise CX010 to bypass those restrictions;
- you must review AI-generated ad copy, targeting and recommendations before approving each action. We do not guarantee any advertising result, approval by the platform or return on ad spend.
9. Intellectual property
CX010 and its licensors retain rights in the platform, software, branding and documentation. During an active subscription, we grant you a limited, non-exclusive right to use the service for your organisation’s business purposes within your plan. You may not resell the service or copy or reverse engineer it except as expressly permitted by agreement or applicable law.
10. Availability and changes
We aim to maintain a reliable service, but interruptions may occur due to maintenance, incidents or third-party dependencies. Any binding uptime or support commitments must be stated in your order or service-level agreement. We may update the service and will give reasonable notice of material reductions affecting a paid subscription, with any remedies required by your agreement or law.
11. Suspension and termination
We may restrict or suspend access where reasonably necessary to address a material breach, unlawful activity, security threats or overdue payment. Where practicable, we will explain the reason and allow a reasonable opportunity to resolve it. You may stop using the service and cancel under your subscription terms. Either party may terminate for a material breach that remains unresolved after reasonable written notice, unless immediate termination is legally required or justified by the nature of the breach.
On termination, access rights end. For 30 days afterwards, you may request an export of your Customer Content by contacting us; we then delete it from active systems within a further 30 days. Data from connected platforms follows the earlier deadline in Section 9 of our Privacy Policy: it is deleted within 30 days after disconnection or termination, so request any export before then. Backups, legal-retention exceptions and records held by third-party platforms are handled as described in the Privacy Policy. Accrued payment obligations and provisions intended to survive termination remain effective.
12. Warranties and liability
We will provide the service with reasonable care and skill. Except for express contractual commitments and rights that cannot be excluded by law, we do not promise uninterrupted operation, error-free outputs or any specific commercial outcome.
To the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profits, revenue or goodwill, arising from this agreement. Each party’s total liability arising from this agreement is limited to the fees paid and payable by you to CX010 in the 12 months before the event giving rise to the claim. This limit does not apply to your obligation to pay fees, or to either party’s breach of confidentiality or infringement of the other party’s intellectual property rights. Nothing excludes or limits liability for fraud, wilful misconduct or any liability that applicable law does not permit to be excluded or limited.
13. Updates to these Terms
We may revise these Terms and will communicate material changes before they take effect, except where a shorter period is required by law or an urgent security need. Changes to an existing paid commitment will follow your order and applicable law. Where acceptance is required, we will request it. If you disagree, you may cancel in accordance with the applicable subscription and statutory rights.
14. Governing law and disputes
These Terms are governed by the laws of Malaysia. Contact us first so we can try to resolve any dispute. Subject to mandatory laws and any agreed dispute resolution clause, disputes will be submitted to the courts of Malaysia. Nothing removes any mandatory rights or access to a competent tribunal available under applicable law.
15. General and contact
If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a right does not waive it. These Terms and applicable orders and agreements form the agreement for the service.
CX010 Sdn BhdA-5-39, IOI Boulevard, Jalan Kenari 5, Bandar Puchong Jaya,
47170 Puchong, Selangor, Malaysia
Email: contactus@cx010.com