Terms of Service

Version: 2026-10-05.v4. Effective date: 5 October 2026. Operator: ABSOLUTE SERVICES (UEN 53464936W), a sole proprietorship registered in Singapore and owned by LEE KOK WAN. "Hail Pilot" is the name of the product and service operated by ABSOLUTE SERVICES ("Hail Pilot", "we", "us"). Registered address: 60 Paya Lebar Road, #06-28, Paya Lebar Square, Singapore 409051.

These Terms are a contract between Hail Pilot and the business that opens an account ("Merchant", "you"). They incorporate the Data Processing Agreement (which incorporates the Sub-processor List and the Retention Schedule), the Acceptable Use Policy, the Refund & Cancellation Policy, the Platform & Card-Network Compliance Addendum, the Chargeback Evidence Addendum, Part B of the AI Transparency Notice and the Service Availability Statement (together with these Terms, the "Agreement"). The Privacy Policy, Security Statement, Cookie & Tracking Notice, Notice to Buyers and Part A of the AI Transparency Notice describe how we operate and are referred to in the Agreement.

1. Acceptance, eligibility and scope

1.1 You accept the Agreement by ticking the acceptance box or clicking "I agree" when creating an account, or by an authorised person signing an Order Form. We record the version you accepted, the date and time, and the account that accepted it, and we make that record available to you on request. Browsing our website does not create a contract.

1.2 The Service is offered only to businesses. By accepting you warrant that you are contracting in the course of a business, that you hold a valid business registration (for Singapore, a UEN; for Malaysia, an SSM registration number) and will give it to us on request, and that the person accepting has authority to bind the Merchant.

1.3 The Service is offered to Merchants established in Singapore and, from the date stated on the legal index page, to Merchants established in Malaysia. It is not offered to, and must not be used by, persons in the European Economic Area or the United Kingdom, or in any country where its use would be unlawful.

1.4 If you use the Service on behalf of another business, you warrant that you are authorised to bind that business, and "you" includes that business.

2. Definitions

"AI Feature" means any function of the Service that uses a machine-learning or language model, including evidence summaries, dispute-response drafts, buyer-reply drafts, risk signals, image checks and case analysis. "AI Output" means text, classifications, scores, summaries, evidence packs or recommendations produced by an AI Feature. "Auto-Send" means a setting under which an AI-drafted buyer reply is transmitted to a Buyer without a Merchant User approving that specific message first. "Buyer" means a customer of the Merchant, or another individual, whose personal data is contained in Merchant Data. "Buyer Data" means personal data about Buyers contained in Merchant Data. "Connector" means an integration between the Service and a Platform or other third-party system, authorised by you using your own credentials. "Data Intermediary" has the meaning given in the Personal Data Protection Act 2012 (Singapore). "Data Processor" has the meaning given in the Personal Data Protection Act 2010 (Malaysia). "Deployer" means the Merchant, when the Merchant chooses to use an AI Feature to communicate with Buyers. "Fees" means the amounts payable for a Plan or feature as shown on the pricing page or an Order Form. "Free Plan" means the plan available at no charge, subject to the limits shown on the pricing page. "Merchant Data" means all data you upload to, connect to, or generate within the Service, including orders, messages, evidence files and Buyer Data. It does not include Network Signals or Usage Data. "Merchant User" means an individual you authorise to use your account. "Network Signals" means pseudonymised fraud and abuse signals derived from Merchant Data of more than one Merchant, as described in clause 8. "Order Form" means a written order signed by both parties for Business or Enterprise terms. "Effective Date" means the date stated at the top of a document as the date it takes effect. "Plan" means the Free Plan or a paid subscription tier shown on the pricing page. "Platform" means Shopee, Lazada or Shopify, or another marketplace or store system for which we offer a Connector. "Platform Terms" means the terms, policies and developer rules of a Platform that apply to you or to us. "Retention Schedule", "Security Statement", "Sub-processor List", "Privacy Policy", "Notice to Buyers" and "Cookie & Tracking Notice" mean the documents with those titles published on the legal index page, as updated under clause 21. "Security Incident" means unauthorised access to, or unauthorised collection, use, disclosure, copying, modification, disposal or loss of, Merchant Data or personal data of Merchant Users in our possession or control or that of a Sub-processor. "Service" means the Hail Pilot software, website, APIs, browser extension and related support, as described in our documentation. "Sub-processor" means a third party we engage to process Merchant Data, as listed in the Sub-processor List. "Trial" means the free trial period described in the Refund & Cancellation Policy. "Usage Data" means technical and statistical data about how the Service is used that does not identify a Buyer, a Merchant User or the Merchant.

3. The Service

3.1 What we provide. Subject to the Agreement, we grant you a non-exclusive, non-transferable right during the term to access and use the Service for your internal business purposes: assembling and organising evidence for refunds, returns, disputes and chargebacks; drafting communications; detecting abuse patterns; and related reporting.

3.2 What we do not provide. The Service is software and information. It is not legal advice, and it does not decide disputes. Refund, return, dispute and chargeback outcomes are decided by Platforms, payment processors, card issuers and card networks, none of which we control. We do not guarantee any outcome, win rate, recovery, reduction in disputes or reduction in fraud, and nothing in our website or materials is a promise of results.

3.3 Not a payment service. We do not receive, hold or transmit funds for you or your Buyers and we are not a licensed payment service provider. Our own Fees are collected by a licensed payment processor named in the Sub-processor List.

3.4 Human decisions. Consequential actions in the Service, such as approving a refund, submitting a dispute response, blocking a Buyer or sending a message, require an action by a Merchant User, except where you have enabled Auto-Send under clause 9 or automatic submission under the Chargeback Evidence Addendum.

3.5 Changes to the Service. We may improve, change or withdraw features. If we withdraw a feature that is material to a paid Plan during a period you have paid for, you may end that Plan and receive a pro-rata refund of prepaid Fees for the remainder of the period as your sole remedy for the withdrawal.

3.6 Availability. Availability commitments, maintenance practice and the dependencies outside our control are described in the Service Availability Statement. Unless an Order Form says otherwise, no uptime level is warranted and no service credits are payable.

3.7 Beta features. Features marked beta, preview or experimental are provided for evaluation, may change or end at any time, and are excluded from the warranties in clause 17 and from the Service Availability Statement.

4. Accounts and Merchant Users

4.1 You are responsible for everything done through your account and by your Merchant Users. Keep credentials confidential, use one login per person, enable any additional login protection we offer, and tell us at business@hailpilot.com without delay if you suspect unauthorised access.

4.2 You must keep your account details, business identifier and billing contact accurate. Notices we send to the billing contact on file are notices to you.

4.3 You will comply with the Acceptable Use Policy. We may act under it, including by suspending access, in the circumstances it describes.

5. Plans, Trial, Fees and taxes

5.1 The Plan you select, its limits, and the Fees are shown on the pricing page or in your Order Form. The Trial, cancellation, renewal, refund and downgrade rules are in the Refund & Cancellation Policy, which forms part of the Agreement.

5.2 Paid Plans are billed in advance and, unless you switch automatic renewal off at checkout, renew automatically for successive periods of the same length until cancelled. Before you start a paid Plan we show you the recurring amount, the billing frequency and how to cancel, and we send a receipt for every charge.

5.3 Fees exclude goods and services tax, service tax and similar taxes unless the pricing page states that a price is inclusive. Where we are required to charge such a tax, we add it to the Fees and show it on the invoice. You are responsible for any withholding or other tax you are required to deduct, and Fees are payable without set-off.

5.4 If a charge fails or an invoice is unpaid, we notify the billing contact. If the amount remains unpaid after the period stated in the Refund & Cancellation Policy, we may suspend paid features until it is paid. If you dispute a charge through your bank or card issuer instead of contacting us, we may suspend the account until the dispute is resolved; if the dispute is resolved in our favour you remain liable for the charge. The consequences of such a dispute, including our payment processor's dispute fee, are in the Refund & Cancellation Policy.

5.5 Plan limits are enforced by the Service. When a limit is reached, the affected feature pauses until the start of the next calendar month or until you upgrade. We do not bill overages unless an Order Form says so.

5.6 We may change Fees or Plan limits on at least 30 days' notice to the billing contact. A change takes effect at your next renewal after the notice period; if you do not accept it you may cancel before that renewal.

5.7 If you believe an invoice or charge is wrong, tell business@hailpilot.com within 30 days of the charge date with the reason; charges not disputed within that time are accepted, without affecting your rights under the Refund & Cancellation Policy.

6. Platforms and Connectors

6.1 You authorise each Connector using your own Platform credentials, and you instruct us to access and act on your Platform accounts through that Connector. We act only on your instructions and within the scopes you authorise.

6.2 You are responsible for complying with the Platform Terms that apply to your accounts, including rules on data use, retention, messaging, automation and evidence submission. The Platform & Card-Network Compliance Addendum sets out the Platform rules that shape how the Service operates and what you must do.

6.3 We do not control Platforms. A Platform may change or withdraw its API, restrict access, rate-limit requests, suspend or close your account, reject a submission, or refuse consent to a change in the party that operates the Service. We are not responsible for any of these events or their effects, and they are not a breach by us. Where a Platform action prevents us from providing a paid feature for the rest of a period you have paid for, clause 3.5 applies.

6.4 When you disconnect a Connector, or a Platform revokes it, we stop accessing that Platform, and the data obtained through it is handled in accordance with the Retention Schedule: at the end of the period for its source, the personal details in it are replaced with keyed tokens and free text is masked, and the records are kept; messages received through WhatsApp or Instagram are kept and deleted as set out in Retention Schedule 2.10. You may instruct us to delete Buyer Data at any time, and we will then delete it as the Data Deletion page describes.

6.5 We do not contact Buyers on our own initiative. Every message to a Buyer is sent on your instruction, in your name, through your Platform or messaging accounts.

6.6 Browser extension. The Seller Assistant browser extension reads pages of a Platform's seller portal while you use it and sends the data described in the Seller Assistant Extension Privacy Notice to your Hail Pilot account. You are responsible for whether your use of the extension is permitted by the Platform Terms that apply to you. We give no warranty that any Platform authorises that access. The Seller Assistant Extension Privacy Notice describes what the extension does.

6.7 Third-party data. Data received from Platforms, carriers, payment processors and other third-party sources is shown and used as received. We do not verify it and are not responsible for errors, delays or omissions in it, or for decisions you make in reliance on it.

7. Merchant Data and Buyer Data

7.1 Ownership. As between the parties, you own Merchant Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Merchant Data, and to create derived data from it, only to provide and support the Service to you, to comply with law, and as clause 8 permits for Network Signals. No other use is permitted.

7.2 Your responsibilities for Buyer Data. You warrant that you have given every notice, obtained every consent, and have every other lawful basis needed under the Personal Data Protection Act 2012 (Singapore), the Personal Data Protection Act 2010 (Malaysia) and any other applicable law to collect Buyer Data and to have us process it for the purposes described in the Agreement and the Privacy Policy, including transfer to and processing in the countries named in the Sub-processor List. You will designate a data protection officer for your own business where the law requires one.

7.3 Sensitive data. You will not upload data revealing health, biometric characteristics, racial or ethnic origin, political opinions, religious beliefs, trade union membership, or government identity numbers unless it is strictly necessary for a specific dispute and you have a lawful basis for it.

7.4 Our role. For Buyer Data you process in your own workspace, we act as your Data Intermediary (Singapore) and Data Processor (Malaysia) on the terms of the Data Processing Agreement, which you accept together with these Terms and which is the written contract that the Personal Data Protection Act 2012 requires. For Merchant User data, and for Network Signals, we act as an organisation in our own right, as described in the Privacy Policy.

7.5 Requests from Buyers. If a Buyer contacts us about their data, we route the request to you within the period stated in the Privacy Policy and do not respond on your behalf unless you instruct us to or the law requires it. You are responsible for answering Buyers within the time the law gives you.

7.6 Export. During the term and for the export window stated in the Retention Schedule, you may ask us for a copy of your Merchant Data in a common machine-readable format, and we provide it within the time stated there. After that window Merchant Data is not deleted, except WhatsApp and Instagram messages and media: it is kept, with personal details replaced by keyed tokens, in accordance with the Retention Schedule.

7.7 Usage Data. We may collect and use Usage Data to operate, secure and improve the Service. Usage Data does not identify you, a Merchant User or a Buyer, and is not used to train AI models. Our personnel access the content of Merchant Data only to provide support you request, to investigate a security or abuse issue, or where the law requires.

8. Network Signals

8.1 What they are. To help Merchants detect repeat abuse across stores, we derive Network Signals from Merchant Data: pseudonymised identifiers created by keyed hashing of normalised Buyer identifiers, hashes of evidence images, and counts of events such as disputes and refund requests. Network Signals contain no names, contact details, addresses or message content, and we never sell them.

8.2 Legal position. Network Signals are personal data in pseudonymised form, because we hold the key and the source data. For this processing we act as an organisation in our own right and rely on the legitimate interests exception in the Personal Data Protection Act 2012, supported by a documented assessment that we make available on request. We describe this processing to Buyers in the Notice to Buyers, and you agree to make that notice available to your Buyers where your own notices refer to us.

8.3 Safeguards. The hashing key is stored separately from Merchant Data. A signal is shown to another Merchant only where enough distinct Merchants have contributed that neither a contributing Merchant nor a Buyer can reasonably be identified from it. The number of contributing Merchants required differs by signal type and is set in our internal control standard, available on request. No Merchant is told which other Merchant contributed. Network Signals are never used by us to make a decision about a Buyer that has legal or similarly significant effect; they are information for your human review.

8.4 Sources. We derive Network Signals only from Merchant Data whose source permits it. We do not derive them from any Platform whose terms prohibit aggregation across sellers, and we will tell you in the Platform & Card-Network Compliance Addendum which sources are included.

8.5 Licence and survival. You grant us a non-exclusive, perpetual, royalty-free licence to derive, retain and use Network Signals for the purpose in clause 8.1, during and after the term. Network Signals derived before termination survive termination. Network Signals are retained indefinitely and are not deleted or nullified on request, as described in the Retention Schedule.

8.6 Your use. You may use Network Signals only within the Service, for your own risk review. You may not extract, publish, sell, share or attempt to reverse them, and you may not use them to accuse, defame or publicly identify any person.

9. AI Features

9.1 Nature of AI Output. AI Features use probabilistic models supplied by the providers named in the Sub-processor List. AI Output can be wrong, incomplete, out of date or misleading, and can misstate refund rights, return windows, warranties, remedies or facts. AI Output is a draft or a recommendation for a person to review. It is not our statement of fact and not advice.

9.2 Your review. You are responsible for reviewing AI Output before you rely on it, send it, publish it or submit it to a Platform, payment processor or card issuer. When you send, publish or submit AI Output, you are its author and publisher.

9.3 Buyer-facing AI and the Deployer role. By default, AI-drafted buyer replies are sent only after a Merchant User approves each message. You may enable Auto-Send only by giving us the written attestation described in the AI Transparency Notice, by which you confirm that you have read that Notice, that you take responsibility for every message sent under Auto-Send, and that you have satisfied yourself that Auto-Send is permitted by the Platform Terms and laws that apply to you. When you communicate with Buyers using an AI Feature you are the Deployer: you decide whether and how to tell Buyers that automation is used, and you are responsible for the accuracy of every message sent in your name. We recommend that you disclose the use of automation to Buyers, and the AI Transparency Notice gives you wording you may use.

9.4 Restricted content. AI Output that states a Buyer's refund rights, return windows, warranties, remedies, or your authority to settle a dispute is a draft for a Merchant User to approve; the Service does not send such statements automatically. You will review such statements against your own policies before sending them.

9.5 Logging. We keep a record of every AI-drafted buyer message, including the model version, whether it was approved by a Merchant User or sent under Auto-Send, and who enabled Auto-Send. We provide this record to you on request.

9.6 Learning from your data. You instruct us to use Merchant Data and Buyer Data, by automated processing, to configure and improve the AI Features for your own workspace, including by fine-tuning a model used only for your workspace, as described in the AI Transparency Notice at /legal/ai. We do not use Merchant Data or Buyer Data, or anything learnt from them, including in anonymous, aggregated or derived form, to create, train or improve any model used for another Merchant or shared across Merchants, and sections 4.3 and 4.3A of the AI Transparency Notice form part of the Agreement. We use model providers whose API terms exclude training on the data we send them.

9.6A Workspace AI Artefacts. Models fine-tuned for your workspace, embeddings, memory items and style profiles derived from your Merchant Data or Buyer Data ("Workspace AI Artefacts") are used only for your workspace. As between the parties we own them as part of the Service, but we will not use, license or transfer them for anyone else. When your account is closed we keep them, including those built from WhatsApp or Instagram data deleted at closure, and do not use them for any other Merchant's workspace (Retention Schedule 4.1). When Buyer Data is deleted on request, we delete or rebuild without it any Workspace AI Artefact that contains it within 30 days; when Buyer Data is tokenised at the end of its period, memory items about that Buyer are kept with the personal details masked. We do not provide model weights to you. We do not represent to anyone that AI Output was written by a person, and you will not ask us to.

9.7 Prohibited AI uses. You will not use AI Features to produce fabricated evidence, to impersonate a Platform, a bank or a regulator, to harass or deceive Buyers, or in any way the Acceptable Use Policy prohibits.

10. Disputes, chargebacks and evidence

10.1 The chargeback and dispute features assemble evidence and draft responses. You submit evidence to your Platform, payment processor or acquirer through your own accounts and credentials; we do not submit on the card networks in our own name. The Chargeback Evidence Addendum forms part of the Agreement.

10.2 Card-network rules. You warrant that your agreement with your acquirer or payment processor and the applicable card-network rules permit you to disclose transaction and dispute data to us, and that you will arrange, through your acquirer, any registration of us that those rules require before you use those features. We never receive, process or store full card numbers, card security codes or magnetic-stripe data. For our own subscription billing we hold no card data at all; our payment provider holds it. In chargeback cases we hold only the card network (brand) and the result codes of address and card-verification checks that your payment processor provides.

10.3 Carriers and other sources. Where you give us carrier or other third-party credentials, we use them only to retrieve records for the dispute concerned, on your instruction. You are responsible for whether those third parties' terms permit that retrieval and its use.

10.4 Deadlines. Dispute deadlines are set by Platforms, processors and card networks and are your responsibility. The Service shows reminders based on the data available to it, which may be incomplete or delayed. A missed deadline is not a breach by us.

11. Evidence authenticity

11.1 You warrant that every file, screenshot, message, record and statement you upload to, generate in, or submit through the Service as evidence is genuine, unaltered except for lawful redaction, and accurately dated, and that you will not present AI-generated images or documents as records of real events. AI-drafted narrative text is permitted where clause 9 allows it.

11.2 If we reasonably believe this warranty has been breached we may suspend the affected features or account, refuse to process the material, and disclose the matter to the Platform, processor, acquirer or authority concerned. You will indemnify us under clause 18.1 for all loss arising from a breach of this clause, and clause 19 does not limit that indemnity.

12. Acceptable use

The Acceptable Use Policy forms part of the Agreement. In summary, you will not use the Service to falsify evidence, harass or deceive Buyers, breach Platform Terms, attempt to access other Merchants' data, attack or probe the Service outside the Vulnerability Disclosure Policy, resell Network Signals, or do anything unlawful in Singapore, Malaysia or the place where a Buyer is located.

13. Confidentiality

13.1 Each party will keep the other's confidential information confidential, use it only for the Agreement, protect it with at least reasonable care, and disclose it only to personnel and advisers who need it and are bound to confidentiality. Confidential information excludes information that is public without breach, already known, independently developed, or received from a third party without restriction.

13.2 A party may disclose confidential information where the law, a court or a regulator requires, giving the other party prompt notice where lawful.

13.3 This clause survives for five years after termination, and indefinitely for trade secrets and for Buyer Data.

14. Intellectual property and feedback

14.1 We and our licensors own the Service, its software, models, prompts, templates, documentation and all improvements, and all rights not expressly granted are reserved. You will not copy, modify, reverse-engineer, scrape, resell or create derivative works of the Service, or use it to build a competing product, except as the law permits.

14.2 You own AI Output generated for you, as between the parties and subject to our model providers' terms. Because models produce similar output for similar inputs, we do not warrant that AI Output is unique.

14.3 If you give us feedback or suggestions, we may use them without obligation to you. Feedback excludes Merchant Data.

14.4 We may identify you as a customer by name and logo only with your prior written consent.

14.5 You will not use the Service or AI Output to develop a product offered to others in competition with the Service, or in breach of the model-provider terms listed in the Sub-processor List. You may use AI Output in your own business, including to train tools used only by your business. You will not publish benchmarks of the AI Features that are misleading or use non-public information.

15. Third-party services and Sub-processors

15.1 We engage the Sub-processors named in the Sub-processor List, in the countries stated there, under written terms that require protection comparable to the Agreement. We remain responsible to you for their processing of Merchant Data.

15.2 We give notice before adding or replacing a Sub-processor that processes Merchant Data, and you may object and terminate the affected feature or Plan, as set out in the Sub-processor List. Where you terminate, we refund prepaid Fees for the unused period as your sole remedy.

15.3 Services you connect that are not Sub-processors, such as Platforms, carriers and messaging providers, are governed by your agreements with them.

16. Security and Security Incidents

16.1 We maintain the technical and organisational measures described in the Security Statement and the Data Processing Agreement, and we will not reduce their overall level during the term.

16.2 Security Incidents affecting Merchant Data are notified and handled as set out in the Data Processing Agreement, including the times within which we notify you.

16.3 You are responsible for security on your side: your devices, credentials, Merchant Users, Platform accounts and any data you export.

17. Warranties and disclaimers

17.1 We warrant that the Service will perform materially as described in our documentation, and that we will provide it with reasonable skill and care. If it does not, your remedy is for us to correct the non-conformity within a reasonable time or, if we cannot, for you to end the affected Plan and receive a pro-rata refund of prepaid Fees for the unused period.

17.2 Each party warrants that it has the authority to enter the Agreement and that doing so does not breach any other agreement it has.

17.3 Except as stated in this clause 17, the Service, AI Output, Network Signals and all information are provided as is and as available. To the extent the law permits, we exclude all other warranties and conditions, express or implied, including fitness for a particular purpose, non-infringement, accuracy of AI Output, and any warranty about the outcome of any dispute, refund, return or chargeback. We do not warrant uninterrupted or error-free operation, or that the Service meets any industry standard or service level.

17.4 Nothing in the Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under Singapore law.

18. Indemnities

18.1 By you. You will defend and indemnify us, and the persons in clause 19.6, against all claims, losses, fines and costs (including reasonable legal costs) arising from: (a) a claim by a Buyer or other third party relating to a message you sent, approved, configured or enabled for Auto-Send, or a dispute response submitted automatically at your election; (b) a breach of clause 11 (evidence authenticity); (c) a breach of Platform Terms, or of your agreement with an acquirer, processor, carrier or other third party, in connection with the Service; (d) Buyer Data you provided without the notices, consents or lawful basis clause 7.2 requires; or (e) your breach of the Acceptable Use Policy.

18.2 By us. We will defend and indemnify you against a third-party claim that the Service, as provided by us and used in accordance with the Agreement, infringes a copyright, trade mark or trade secret enforceable in Singapore or Malaysia. This does not apply to claims arising from Merchant Data, AI Output, your modifications, combinations with things we did not supply, or use after we told you to stop. If such a claim is made we may modify the Service, procure a licence, or end the affected feature with a pro-rata refund.

18.3 Process. The indemnified party will notify the indemnifying party promptly, give it control of the defence and settlement (but no settlement may admit fault of, or impose obligations on, the indemnified party without its consent), and give reasonable assistance at the indemnifying party's cost.

19. Limitation of liability

19.1 General cap. Subject to clauses 17.4 and 19.4, each party's total liability arising out of or in connection with the Agreement in any 12-month period, whether in contract, tort (including negligence), under statute or otherwise, will not exceed the Fees paid by you in the 12 months before the event giving rise to the claim, or S$100 if greater.

19.2 Data-breach cap. Subject to clauses 17.4 and 19.4, our total liability for claims arising from a Security Incident caused by our breach of the Data Processing Agreement or clause 16, and for our breach of clause 13 in respect of Buyer Data, will not exceed S$250,000, and the cap in clause 19.1 does not apply to those claims.

19.3 Excluded losses. Subject to clauses 17.4 and 19.4, neither party is liable for loss of profit, revenue, business, goodwill or anticipated savings, for loss or corruption of data that could have been avoided by taking the export you are entitled to under clause 7.6, for indirect or consequential loss, even if advised of the possibility. Platform penalties, account suspensions and lost sales are recoverable only to the extent caused by our breach of the Agreement and subject to the caps in this clause. Refunds or credits payable under the Agreement count toward the caps.

19.4 What the caps do not cover. The caps in clauses 19.1 and 19.2 and the exclusions in clause 19.3 do not apply to: your obligation to pay Fees; your indemnities under clause 18.1; either party's liability under clause 17.4; or either party's wilful misconduct.

19.5 Why these limits are reasonable. The parties agree that the limits in this clause are reasonable because: the Fees are small relative to the value of the transactions the Service supports; you control the Platform accounts, messages and evidence on which outcomes depend; you can insure against the losses the Service may affect, and you can protect yourself by exporting your data; higher limits are available for a higher Fee under an Order Form; and the limits reflect the resources available to a small business. If a court finds the cap in clause 19.1 unenforceable, that cap is replaced by the Fees paid in the two years before the event, so that a proportionate limit remains.

19.6 Persons who can rely on this clause. Our personnel, contractors and Sub-processors may rely on clauses 17, 18.1 and 19 as if they were parties, and clause 25.5 is subject to this sentence.

19.7 Time for claims. Except for claims to recover Fees, for fraud, or for liability under clause 17.4, a party must notify the other of a claim within 12 months after the party knew or ought reasonably to have known of the facts giving rise to it, and the claim is barred if not notified within that time. The parties agree this period because the records needed to investigate a claim, including Platform logs, messages and evidence files, are kept for limited periods under the Retention Schedule and Platform Terms, and prompt notice lets both parties preserve them.

20. Suspension and termination

20.1 Term. The Agreement starts when you accept it and continues until terminated under this clause. "Termination" means the closing of your account, whether by you or by us. Cancelling a paid Plan without closing your account is not termination; it moves you to the Free Plan under the Refund & Cancellation Policy and your data is kept under the Retention Schedule.

20.2 Termination for convenience. You may cancel a paid Plan or close your account at any time by notice to business@hailpilot.com from your registered email address; cancellation takes effect at the end of the current billing period under the Refund & Cancellation Policy. We may end the Free Plan, or close an account that has been inactive for 12 months, on 30 days' notice to the billing contact. Closing an account does not delete its data, except WhatsApp and Instagram messages and media, which are deleted 90 days after closure; at that point the personal details of its other Buyer Data and its Merchant Users are replaced with keyed tokens and kept, as clause 20.5 and the Retention Schedule set out.

20.3 Termination for cause. Either party may terminate on notice if the other materially breaches the Agreement and does not cure the breach within 30 days of a notice describing it. We may terminate immediately on notice for a wilful breach of clause 11, for conduct described as grounds for immediate termination in the Acceptable Use Policy, or if you become insolvent or cease business.

20.4 Suspension. We may suspend all or part of the Service, giving as much notice as is reasonable in the circumstances, where: an amount remains unpaid after the period referred to in clause 5.4; we reasonably believe your use breaches the Acceptable Use Policy, clause 11 or Platform Terms; your account is compromised; a Platform, processor or authority requires it; or suspension is necessary to protect the Service, other Merchants or Buyers. We lift a suspension when its cause is resolved. Fees continue to accrue during a suspension caused by you.

20.5 Effect of termination. On termination: your right to use the Service ends; Fees accrued remain payable; any refund is governed by the Refund & Cancellation Policy and clauses 3.5 and 17.1; clause 7.6 applies to export; we disconnect Connectors; Merchant Data, Buyer Data and Workspace AI Artefacts (clause 9.6A) are not deleted but kept, except WhatsApp and Instagram messages and media, which are deleted 90 days after termination; at that point the personal details in the rest are replaced with keyed tokens, in accordance with Part 4 of the Retention Schedule and the Data Processing Agreement; you agree that we may keep and use the tokenised data for analysis and for Network Signals under clause 8; and Network Signals are retained under clause 8.5.

20.6 Survival. Clauses 2, 6.6, 7.1 (as to the licence for data we lawfully retain), 7.6, 8, 9.2, 9.6A, 10.2, 11, 12, 13, 14, 16 (for as long as we hold Merchant Data), 17.3, 17.4, 18, 19, 20.5, 20.6 and 25 survive termination, together with any other clause that by its nature should survive.

21. Changes to the Agreement

21.1 We may change the Agreement. For a material change we give at least 30 days' notice by email to the billing contact, stating the effective date. Changes required by law or by a Platform may take effect sooner, with as much notice as is practicable.

21.2 If you do not accept a material change you may terminate before its effective date and receive a pro-rata refund of prepaid Fees for the unused period. Continued use after the effective date is acceptance.

21.3 Every version of the Agreement is listed on the legal changelog page with its effective date, and the version you accepted is available to you under clause 1.1.

21.4 We will not change clause 8, 9.6 or 9.6A so as to use Merchant Data to train or improve any model used for another Merchant, or to add data sources to Network Signals, unless you opt in expressly; continued use is not acceptance of such a change. A change to Fees, Plan limits, clause 19 or the data uses in clauses 7 to 9 is always a material change.

22. Force majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, government action, labour dispute, failure of telecommunications or power, denial-of-service or other cyber attack not caused by the affected party's negligence, and failure or withdrawal of a Platform, hosting provider (other than through our negligence), model provider, payment processor or other third-party service on which the Service depends, without limitation to these examples. The affected party will notify the other and use reasonable efforts to resume performance. If a force majeure event prevents a material part of the Service for more than 30 consecutive days, either party may terminate the affected Plan on notice and we refund prepaid Fees for the unused period. This clause does not relieve us of our obligations under the Data Processing Agreement in respect of a Security Incident or of our duty to maintain backups.

23. Notices and communications

23.1 We send notices to the billing contact email on file and in the Service. You send notices to business@hailpilot.com, with a copy to any address stated in an Order Form. Notices are effective when they are capable of being retrieved at the address given.

23.2 You agree to receive account, billing, security and legal notices electronically. Marketing messages are sent only with your consent, carry an unsubscribe method, and we give effect to an unsubscribe within the period stated in the Privacy Policy.

24. Assignment and change of operator

24.1 You may not assign or transfer the Agreement without our written consent, except to a successor to your whole business on notice to us, provided the successor is eligible under clause 1.

24.2 We may assign the Agreement to a successor to the Hail Pilot business on notice to you. Because Platforms and certain providers require their own consent to a change in the party operating the Service, we cannot promise that every Connector will continue without interruption after such a change; where a Connector cannot continue, clause 6.3 applies.

25. General

25.1 Governing law. The Agreement is governed by the laws of Singapore.

25.2 Jurisdiction. The courts of Singapore have exclusive jurisdiction over any dispute arising out of or in connection with the Agreement, including the Small Claims Tribunals where a claim is within their jurisdiction. Either party may seek an injunction in any court to protect confidential information, intellectual property or data. An Order Form for Enterprise terms may provide for arbitration instead.

25.3 Entire agreement. The Agreement is the entire agreement between the parties about its subject matter and replaces all earlier terms. Each party confirms that it has not relied on any statement not set out in the Agreement, except that nothing in this clause limits liability for fraud or excludes a remedy that the law does not allow to be excluded.

25.4 Order of precedence. If documents conflict, the order is: a signed Order Form; the pricing page and checkout page shown at the time of a payment, as to the amount of that payment; the Platform & Card-Network Compliance Addendum, for data obtained from a Platform, to the extent it is more protective of that data; the Data Processing Agreement, for the processing of Buyer Data; these Terms; the other Addenda; the other policies referred to in the Agreement.

25.5 Third parties. Except as clause 19.6 provides, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of the Agreement. The parties may vary or rescind the Agreement without the consent of any third party.

25.6 Severability. If a term is held invalid or unenforceable, it is limited or severed to the minimum extent necessary and the rest of the Agreement continues, and clause 19.5 applies to the caps.

25.7 Waiver. A failure or delay in exercising a right is not a waiver. A waiver must be in writing.

25.8 Relationship. The parties are independent contractors. Nothing creates a partnership, agency or employment relationship, and neither party may bind the other. We are not your agent in dealings with Buyers, Platforms or card networks.

25.9 Language. The Agreement is written in English. Where we provide a translation, the English version governs unless the law of your country requires otherwise.

25.10 Contact. All notices and questions go to business@hailpilot.com; state the subject (legal, data protection, billing, security or abuse) at the start of the subject line. Postal address: 60 Paya Lebar Road, #06-28, Paya Lebar Square, Singapore 409051.