條款及細則

Last Updated: June 11, 2026

1. ACCEPTANCE OF TERMS

This Terms of Service Agreement (the “Agreement”) is a legally binding contract between Tech Monkey Co Ltd (“Company”, “we”, “us”, or “our”), and you, whether personally or on behalf of an entity (“User”, “Merchant”, or “you”), concerning your access to and use of the website and the software platform provided my us (the “Service”).

By creating an account, subscribing to any billing plans, or utilizing any features of the Service, you explicitly represent that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. INTELLECTUAL PROPERTY RIGHTS & LICENSE GRANT

1. Ownership of Content: Unless otherwise indicated, the Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

2. Limited License: Subject to your ongoing compliance with this Agreement and timely payment of applicable subscription fees, Tech Monkey Co Ltd grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Service solely for your internal business operations.

3. Prohibited Conduct: You shall not: (a) decompile, reverse engineer, disassemble, or attempt to derive the source code of the Platform; (b) modify, adapt, improve, or create any derivative work from the Service; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Service.

3. USER REGISTRATION & ACCOUNT SECURITY

1. Account Accuracy: You may be required to register an account to access the Service. You agree to provide true, accurate, current, and complete information about your business during the setup process.

2. Credential Confidentiality: You are entirely responsible for maintaining the confidentiality of your account passwords, master login, and employee sub-accounts. You agree to accept responsibility for all activities, bookings, and financial logs that occur under your account.

3. Security Breach: We reserve the right to remove, reclaim, or change a username or terminate your account if we determine, in our sole discretion, that such account has been compromised or violates acceptable use standards.

4. FEES, BILLING, AND RENEWAL

1. Subscription Structure: The Service is provided on a recurring subscription basis (monthly or annual billing cycles). Subscription fees are billed in advance on the first day of each billing cycle and are non-refundable.

2. 0% Transaction Commission Protection: We act strictly as a software vendor. We do not process, hold, or escrow your store’s point-of-sale funds, and we do not charge any percentage commission on your commercial transactions.

3. Manual Implementation Services: Any bespoke data migration, cleaning, or formatting of historical client data executed manually by our engineering team shall be subject to a separate, upfront, one-time service fee. Once execution begins, this technical service fee is entirely non-refundable.

5. THIRD-PARTY MARKETPLACE & BRING YOUR OWN KEY (BYOK)

1. Meta WhatsApp Business API Integration: The Service facilitates automated client communications (e.g., booking confirmations, reminders, digital receipts) via a “Bring Your Own Key” (BYOK) framework, directly bridging with your own official Meta WhatsApp Business API credentials.

2. External Cost Acknowledgement: You explicitly acknowledge that all messaging costs are dynamically governed and billed directly by Meta (Facebook Inc.) to you. Our subscription fees do not incorporate, subsidize, or absorb these third-party communication costs. We take zero margins or commission on your WhatsApp consumption.

3. Account Suspension Indemnity: You must strictly abide by the Meta WhatsApp Business Policy. In the event that Meta restricts, flags, or permanently bans your official phone channel due to your distribution of unsolicited broadcasts or spam, the Company bears zero liability for your business disruptions, and no software refunds shall be issued.

6. CUSTOMER DATA MASKING & PRIVACY ORDINANCE

1. Compliance with Local Law: In organizing customer profiles, booking dates, and medical/beauty history logs via our Services, you agree to comply with all applicable local privacy regulations, including the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.

2. Hardware Responsibility: The Company shall not be held liable for any data exposures resulting from unlocked local store hardware (e.g., iPads, phones left unattended at the shop reception), cross-sharing of passwords among shop personnel, or negligent internal human resource management.

7. TERM AND TERMINATION

1. Monthly Plan Termination: For standard monthly billing cycles, you may cancel your subscription renewal at any time directly via your administrative portal prior to the commencement of the next billing cycle. No early exit penalties or hidden setup fees apply.

2. Annual Plan Lock-in: Annual subscription plans involve significant software authorization discounts. Annual cycles are pre-paid upfront and cannot be canceled mid-term for partial refunds.

3. Breach Enforcement: We reserve the right, without notice or liability, to terminate or suspend your account and deny access to the Service for any breach of these terms, fraudulent financial claims, or conduct damaging to our server network.

8. LIMITATION OF LIABILITY & DISCLAIMERS

1. As-Is Provision: THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

    

2. Outage Disclaimers: In no event will the Company, its directors, or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, or punitive damages—including lost profits, lost revenue, customer “No-Show” expenses, or shop reputation damage—arising from:

   • Local power blackouts, internet service provider failures, or hardware malfunctions at your shop.

   • Unexpected technical disruptions originating from our core cloud host database infrastructure (e.g., Supabase downtime).

   • Delivery failures, API delays, or template verification bottlenecks enforced by Meta.

3. Total Liability Cap: Notwithstanding anything to the contrary contained herein, our total liability to you for any cause whatsoever and regardless of the form of the action, will at all times be capped at the total subscription fees paid by you to the Company during the one (1) month period immediately preceding the event giving rise to liability.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold the Company, including our subsidiaries, affiliates, and all of our respective officers and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your data inputs; (2) your unauthorized use of the Service; (3) your breach of these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights or local privacy laws.

10. GOVERNING LAW & JURISDICTION

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR). Any legal action, suit, or dispute arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.

11. SEVERABILITY & MISCELLANEOUS

1. Entire Agreement: These Terms constitute the entire agreement and understanding between you and us regarding the Service.

2. Severability: If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

3. No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

12. CONTACT INFORMATION

In order to resolve a complaint regarding the Service, request account ownership transfer protocols, or receive further information regarding use of the Service, please contact us at:

• Company Corporate Name: Tech Monkey Co Ltd

• Registered Corporate Address: Rm31, 14/F, Block B, Wah Lok Industrial Centre, 31-41 Shan Mei Street, Fotan, HK

• Administrative Support Email: [email protected]

• Official Corporate WhatsApp: +852 6018 1440