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Terms of Use for AI-Powered Reminder Call Feature

For the purposes of these Terms of Use, 'Funding Societies,' 'we,' 'us,' or 'our' refer to CardUp Pte. Ltd., FS Capital Pte Ltd., FS Technologies Pte. Ltd., Funding Societies Pte. Ltd., and its related corporations and affiliates. 

These Terms of Use (“Terms”) govern your access to and use of the AI-Powered Reminder Call Feature (“Feature”) which uses an AI-powered virtual robot (“Ellie”) to deliver payment reminders via call within the Receivable product. By using the Feature, you agree to these Terms. If you do not agree, you must not access or use the Feature, or immediately disable the Feature.

1. Purpose and Scope

The Feature is designed as a supplementary tool for you to automate payment reminders calls within its limited scope and functionality

Framework: The Feature operates based on a fixed framework as set out in the Feature Specification which predefines all aspects of the call including but not limited to Ellie’s personality, tone, conversation style, call flow, handling of common situations, call timing, call duration, call auto-retry and rescheduling. 

Call Limits: Use of the Feature is subject to the prescribed call limits. No further calls will be triggered once the applicable limit to you is reached. Funding Societies has no obligation to override or extend these limits, and you remain solely responsible for managing your usage within them. 

Control: Use of the Feature is at your sole option and discretion. All calls generated through the Feature are initiated solely by you, based on the user configurations which you have selected.

Non-Reliance: The Feature is a supplementary tool only and is not error-free. It is possible for the Feature to miss or misinterpret responses, and/or provide unintended responses. You are responsible for reviewing call outcomes and following up where necessary. You must not rely on it as a substitute for your own efforts, monitoring, customer engagement, or collection processes. Use of the Feature does not guarantee call delivery, recipient engagement, response, or payment. You remain fully responsible for assessing the suitability of the Feature for your purposes, monitoring its effectiveness, and taking any additional steps necessary to follow up with your customers.

2. No Advice, No Relationship

Nothing in these terms, including the availability of the Feature and all calls generated through it shall constitute a service rendered by us to you (debt collection or otherwise), or imply that we are acting as your service provider, agent, or debt collector in any respect.  It is not a substitute for legal, financial, regulatory, or other professional advice, and should not be relied upon as such. Use of the Feature does not create any advisory, fiduciary, agency, or client relationship between you and Funding Societies. Funding Societies does not review, monitor, or verify the content or configurations of the call, and disclaims any responsibility for the outcomes or effectiveness of the Feature or your use of the same. 

You remain solely responsible for (i) ensuring that your use of the Feature complies with all applicable laws and regulations, including those relating to marketing, communications, and data protection/privacy; (ii) obtaining all necessary consents from recipients before initiating any calls; (iii) ensuring that your use of the Feature is appropriate and suitable for your intended recipients, including considering the nature and timing of the call; and (iv) monitoring the results of your use of the Feature and conducting any necessary follow-ups or customer engagement independently of the Feature, or if unfit for your purpose; disabling the Feature.

3. No Warranty

The Feature is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. This includes (but is not limited to) warranties of merchantability, fitness for a particular purpose, accuracy or reliability, non-infringement, uninterrupted or error-free performance.

We DO NOT guarantee that the Feature will meet your specific needs; be uninterrupted, accurate, appropriate, reliable, free of error or miscommunications; comply with any laws applicable to your industry or jurisdiction. Your use of the Feature and any reliance on the same is entirely at your own discretion and risk. 

4. Disclaimers and Limitation of Liability

To the fullest extent permitted by law, Funding Societies and its affiliates disclaim all liability arising from or related to your use of the Feature. Funding Societies is not responsible for any delays, failures, errors, inaccuracies, or outcomes in the generation, transmission, or delivery of voice calls, nor does it have any obligation to monitor, verify, or review your use of the Feature or the results thereof. You acknowledge and agree that you are solely responsible for configuring and reviewing all call settings prior to use, as well as for the outcomes of any calls generated. Funding Societies and its affiliates, directors, officers, employees, and agents shall not be liable for any: (a) indirect, incidental, special, punitive, or consequential damages; (b) loss of revenue, profits, data, goodwill, or reputation; or (c) liability arising from your use, misuse, or inability to use the Feature, or from any reliance on its outputs. This includes any regulatory action, penalty, or dispute resulting from your use of the Feature.

5. Your Responsibilities

By using the Feature, you agree and represent that:

  • you have tested the Feature and confirmed that the configurations are accurate before enabling or using this Feature;
  • the recipient’s contact information you have provided is accurate;
  • the recipients have provided valid and lawful consent to receive automated voice calls, where required;
  • you comply with all applicable laws, including those relating to data protection, electronic communications, consumer protection, and robocalling;
  • you will not use the Feature to harass, mislead, threaten, or otherwise harm any person;
  • you are responsible for monitoring and governing all usage by your personnel or authorised users.
  • you will not use or rely on the Feature for critical communications, and will ensure proper human oversight when using the Feature, at all times.
  • if any recipient objects to or is dissatisfied with receiving calls from the Feature, you will immediately cease using the Feature in respect of that recipient;
  • you acknowledge that we are not responsible for reviewing or managing your recipient communications, but we may suspend or disable your access to the Feature at our discretion where complaints or issues arise; and
  • if the Feature is not suitable for you or does not meet your requirements, you agree to immediately stop using it. You acknowledge that continued use of the Feature constitutes your acceptance of its limitations and appropriateness for your intended use. 

You agree to indemnify, defend, and hold us and our affiliates harmless from and against any claims, losses, damages, liabilities, costs, expenses, or complaints (including those raised by call recipients or payment recipients) arising out of or relating to your use of the Feature, your data inputs, your failure to comply with these terms, or any applicable laws.

6. Content and Intellectual Property

All rights, title, and interest in and to the Feature, including the software, user interface, voice generation models, and associated content, remain the property of Funding Societiesor its licensors. You may not: reverse engineer, decompile, or attempt to extract the source code of the Feature; use the Feature or its outputs to train other AI models; remove any proprietary notices or branding. Outputs generated using the Feature may incorporate or reference third-party voice technologies or data sources. Funding Societies makes no warranties as to the ownership or suitability of such outputs for any purpose.

7. Data and Privacy

During your use of the Feature, we may collect and process information that you provide to us, information generated through your use of the Feature and the calls generated, and related technical or usage data. Such information may be used to operate, maintain, improve, and support the Feature, including generating outputs and call summaries. Data may be stored with third-party service providers and retained for as long as necessary as Funding Societies deem fit. We process all data in accordance with our Privacy Notice and applicable data protection laws. You remain responsible for ensuring that any personal data shared with us has been collected and disclosed lawfully.

You acknowledge that Funding Societies does not review or verify the content of calls or inputs, and that you remain solely responsible for any data shared with or generated through the Feature.

8. Third-Party Content and Services

The Feature may incorporate or rely on third-party technologies or service providers to deliver the Feature. Funding Societies makes no warranties and disclaims all responsibility for the performance or content of any third-party tools used in connection with the Feature.

9. Termination and Suspension

We may suspend or terminate overall availability or your access to the Feature at any time without liability for any reason, at our discretion. Upon termination, we may remove and/or restrict access to the Feature and related outputs, at our sole discretion, and you must cease all use of the Feature and destroy any outputs or derivatives you are not otherwise entitled to retain.

10. Variation

We reserve the right to modify these Terms from time to time. The updated version will be posted on our platform or notified to you. Continued use of the Feature after changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore for any disputes.