These Terms of Service ("Terms") are entered into between you and Marvel Integration Technology Pte. Ltd. (UEN 202516331R), a company incorporated in Singapore with its registered office at 391B Orchard Road, #22-00, Ngee Ann City Tower B, Singapore 238874 ("Marvel," "we," "us" or "our"). Marvel owns and operates the website through which the Service is marketed and accessed and provides the "Mobitech" omnichannel customer engagement platform, including the omnichannel inbox, CRM, ticketing, AI agents, automation builders, integrations, APIs and related services (the "Service"). "Mobitech" are product and brand names of Marvel; they are not separate legal entities and do not contract you. These Terms govern access to and use of the website and the Service.
By creating an account, clicking "I agree" (or a similar button), starting a free trial, signing an order form, quote or agreement that refers to these Terms (an "Order Form"), or otherwise using the Service, you ("Customer," "you," "your") agree to these Terms. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you do not agree, do not use the Service.
Your agreement with Marvel consists of these Terms, any Order Form, the Data Processing Agreement ("DPA") where it applies under Section 5.3, and the policies referred to in these Terms, including our Privacy Policy and the Pricing page.
1. The Service
1.1 We provide a hosted software platform that unifies messaging channels (including but not limited to WhatsApp Business Platform, Instagram, Facebook, TikTok, Telegram, Gmail, X, Threads, LinkedIn, YouTube, Google Business and web widget), CRM, ticketing, AI-driven automation and advertising integrations, to help businesses manage customer conversations. The features, limits and channels available to you depend on your plan and any Order Form.
1.2 The Service is operated by us from Singapore as a hosted subscription service and is accessed remotely through supported browsers, applications and APIs. No copy of the software is delivered to you.
1.3 Some channels (e.g. WhatsApp Business Platform, other Meta platforms and Google) are provided through third-party integrations ("Channels"). Section 10 applies to your use of Channels and other third-party services.
1.4 We may offer beta, preview or early-access features ("Beta Features"). Beta Features are provided for evaluation, may be changed or withdrawn at any time, and are excluded from any availability, support or service-level commitments.
2. Accounts and Eligibility
2.1 The Service is designed for and offered to businesses and other organisations for their internal business use. It is not offered for personal, family or household use. You must be at least 18 years old and have authority to enter into a binding agreement on behalf of your business.
2.2 You are responsible for the accuracy of your account, billing and tax information and for safeguarding your login credentials. Notify us promptly at [email protected] if you suspect unauthorized access.
2.3 You may allow employees and contractors to use the Service under your account ("Users"). You are responsible for all activity under your account, including that of your Users and third-party apps or integrations, and will ensure Users comply with these Terms.
3. Free Trials
3.1 Free trials are offered at our discretion for a limited period and may be modified, limited or ended at any time. At the end of the trial, continued use requires selecting a paid plan. We may suspend access to trial data if no plan is selected within 7 days after the trial ends, and may delete trial data 30 days after the trial ends. Unless we agree otherwise, one trial is available per account (login), and a trial does not convert into a paid plan unless you purchase one.
3.2 Trials are provided for evaluation purposes on an "as is" basis. Section 11 and the warranty in Section 12.2 do not apply to free trials.
4. Subscription, Fees and Billing
4.1 Plans. Plans (Starter, Engage, Scale and Enterprise) are billed monthly or annually as selected at checkout or in your Order Form, based on users, connected channels and monthly active contacts ("MAC") included in your plan. Current prices and plan limits are on the Pricing page or in your Order Form (the "Fees").
4.2 Usage beyond plan limits and plan changes. Usage beyond plan limits is billed at disclosed rates. Upgrades take effect immediately, with the new plan's features and limits applying from the upgrade date and a new billing period and subscription term beginning then. Downgrades and reductions take effect at the next billing period. Fees already paid are not prorated, credited or refunded, except as required by law.
4.3 Third-party message fees. Third-party message fees, including WhatsApp/Meta conversation and message fees, are passed through at cost and are additional to subscription Fees. Rates may change when the provider changes its pricing.
4.4 Professional services. Implementation, integration, migration, training, on-site and other professional services are not included in subscription Fees and are provided only where separately ordered and priced in an Order Form.
4.5 Payment. A paid subscription starts when we receive your first payment. Subscription Fees are payable in advance. You authorize us and our payment processor to charge your chosen payment method for recurring Fees and usage charges. Payment details are handled by third-party providers and we do not store your full card number. Invoiced amounts are due within the period stated in your Order Form or invoice.
4.6 Automatic renewal. Unless your Order Form states otherwise, each subscription renews automatically for a further term of the same length at then-current Fees unless cancelled before the renewal date through your account settings or by written notice.
4.7 Price changes. We may change Fees with at least 30 days' notice before the change applies to your next billing cycle or renewal.
4.8 Taxes. Fees are exclusive of GST, VAT, sales tax and similar taxes. Where required, tax will be added to your invoice; otherwise you are responsible for applicable taxes, including reverse-charge, self-assessment and withholding obligations.
4.9 Refunds. Except as required by law or stated otherwise, fees are non-refundable. Failure to pay may result in suspension or termination.
4.10 Outstanding payment. Fees are collected through our payment gateway before activation unless your Order Form provides for invoicing. If a recurring charge fails we may suspend the Service. For unpaid invoices, we may suspend on at least 14 days' written notice and terminate if unpaid 30 days after the due date. Reinstatement is subject to payment of all outstanding amounts.
5. Customer Data, Data Protection and Your Responsibilities
5.1 Customer Data. "Customer Data" means data that you, your Users or your Contacts submit to the Service, including messages, contact records, CRM data, files and data input into automations or AI features. "Contacts" means customers, prospects and other individuals you communicate with through the Service.
5.2 Roles. You remain the data controller/organization for personal data of your Contacts that flows through the Service. We act as your data processor (a "data intermediary" under Singapore's PDPA) and process it only to provide the Service, on your instructions and as set out in this Section 5 and, where applicable, the DPA.
5.3 Data Processing Agreement. Our obligations as your data intermediary, including security, sub-processors, breach notification, international transfers and deletion or return, are set out exclusively in the DPA available on request at [email protected]. The DPA applies only once signed or otherwise agreed by the parties.
5.4 Your consents and lawful basis. You represent that you have the rights, consents and lawful basis to submit Customer Data and communicate through connected Channels, including consent required under WhatsApp/Meta policies. You are responsible for the PDPA Do Not Call provisions, Spam Control Act 2007 and equivalent laws, including consent and opt-out records.
5.5 Your content and compliance. You are responsible for messages, campaigns, AI configurations and automations and for applicable marketing, anti-spam, consumer protection, sector-specific and data protection laws. You must inform Contacts how their data is used and respond to their requests.
5.6 Export and copies. The Service includes export tools. You are responsible for keeping copies of Customer Data needed outside the Service.
5.7 International customers. If you or your Contacts are outside Singapore, you are responsible for the data protection, privacy and marketing laws of those jurisdictions.
6. Acceptable Use
6.1 You will not, and will not allow Users to, use the Service to:
- send unsolicited, deceptive or illegal messages, including spam or messages violating Channel policies;
- upload, send or store unlawful, infringing, defamatory, obscene or harmful content, or content violating third-party rights;
- process special categories of personal data at scale without prior written agreement on additional safeguards;
- interfere with security, integrity or performance, or circumvent usage limits, metering or access controls;
- reverse-engineer, decompile or copy the Service to build a competing product;
- resell, sublicense or provide the Service to third parties without written authorization; or
- misrepresent identity or message source, or impersonate a person or organisation.
6.2 Breach may lead to suspension or termination, particularly where it risks our platform status with Meta/WhatsApp or other Channel partners.
7. AI Features
7.1 AI agents and automation builders generate suggested responses, summaries, routing decisions and automated actions probabilistically. Output may be inaccurate, incomplete, biased or inappropriate and is not legal, financial, medical or other professional advice. Inputs and Outputs are Customer Data; you must review and approve them before use. We may log Inputs and Outputs for no more than 14 days for security and misuse detection, after which they are deleted. AI Features may use third-party models or providers.
7.2 You are responsible for configuration, messages and actions. You will review AI content where accuracy or compliance matters, set appropriate limits, maintain human monitoring and intervention, disclose automation where required, and not make legally or similarly significant decisions without meaningful human review.
8. Intellectual Property
8.1 We and our licensors retain all rights in the Service, including software, AI models and prompts, templates, design, documentation and trademarks. Subject to these Terms and payment of Fees, we grant a limited, non-exclusive, non-transferable right during your subscription to use the Service for internal business purposes and to communicate with Contacts. No other rights are granted.
8.2 You retain ownership of Customer Data and grant us a limited licence to host, process, transmit and display it solely to provide, secure and support the Service in accordance with these Terms and the DPA.
8.3 We may use account and usage data to operate, secure, support, improve and develop the Service and AI Features, and may use aggregated or de-identified data for any purpose if it does not identify you, Users or Contacts. Third-party AI providers process Customer Data on our behalf as sub-processors only to provide AI Features. We do not use Customer Data content to train generally available AI models except in aggregated or de-identified form, on your instruction or as separately agreed in an Order Form.
8.4 Feedback may be used by us without restriction or compensation.
9. Confidentiality
9.1 Each party will protect the other's non-public information ("Confidential Information") with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel, affiliates and advisers who need to know and are bound by confidentiality obligations. Customer Data is your Confidential Information; the Service and our non-public documentation and pricing are ours.
9.2 These obligations do not apply to information that is public, already known, independently developed without use of the Confidential Information, or lawfully received from a third party. Disclosure required by law or order is permitted with prompt notice where lawful and only to the required extent.
10. Third-Party Channels and Integrations
10.1 Channels are operated by third parties. Their terms and policies also apply, including Meta Business Terms, WhatsApp Business Solution, Messaging and Commerce Policies and Google APIs Terms of Service. You are responsible for compliance and required business verification.
10.2 A Channel provider may reject templates, apply limits, change pricing or policies, or restrict, suspend or ban a sender, number or account. We are not responsible for these actions or Channel outages, though we will make reasonable efforts to notify you of known disruptions.
10.3 Connected third-party applications, APIs and integrations are governed by their own terms. You are responsible for them and data exchanged with them.
11. Availability and Support
11.1 We do not guarantee availability or uninterrupted access. Planned and emergency maintenance, Channel and other third-party outages, and events beyond our reasonable control may affect the Service.
11.2 Support is provided by email at [email protected] and through in-product channels during Singapore business hours (Monday to Friday, excluding Singapore public holidays), unless your plan or Order Form provides otherwise. Service-level commitments and credits apply only if stated in your Order Form and are your sole remedy for unavailability.
12. Warranties and Disclaimers
12.1 Each party warrants that it has authority to enter into these Terms.
12.2 We warrant that we will provide the Service with reasonable care and skill. If it does not, your exclusive remedy is reasonable efforts to correct the failure.
12.3 Except as expressly stated, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free Service, continuing Channel availability or accurate AI output, and do not provide legal, regulatory or professional advice.
13. Limitation of Liability
13.1 Neither party is liable for indirect, incidental, consequential, special or punitive loss, or loss of profits, revenue, business, goodwill, anticipated savings, or data, to the maximum extent permitted by law.
13.2 Marvel's total aggregate liability arising out of or in connection with these Terms or the Service is limited to the total Fees paid or payable by you in the 12 months preceding the event giving rise to the claim.
13.3 These limits do not apply to death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, payment obligations, indemnity obligations or liability that cannot be limited under applicable law, including the Unfair Contract Terms Act 1977.
14. Indemnification
14.1 You will defend and indemnify us, our affiliates and personnel against claims, losses, fines, penalties and Channel sanctions arising from Customer Data or Contacts, your breach of these Terms, the DPA or law, or your violation of Channel policies.
14.2 Marvel will defend you against third-party claims that the Service, as provided and used under these Terms, infringes a Singapore patent, copyright or registered trademark, and will indemnify amounts finally awarded or agreed in settlement. This excludes claims arising from Customer Data, third-party services or AI models, prohibited use, combinations, modifications, Beta Features or free trials.
14.3 For an infringement claim, Marvel may obtain continued-use rights, modify or replace the Service, or terminate the affected subscription and refund prepaid Fees for the unused term. Sections 14.2 and 14.3 are the exclusive remedy for infringement claims and are subject to Section 13.
14.4 The party seeking indemnity must promptly notify the other, give control of defence and settlement to the indemnifying party, and provide reasonable cooperation at the indemnifying party's expense.
15. Term, Suspension and Termination
15.1 These Terms apply while you maintain an account or active subscription.
15.2 You may cancel a monthly subscription effective at the end of the current billing period. Annual and committed subscriptions continue to term end. No refund is due for cancellation or early termination by you. We may decline to renew by notice before renewal.
15.3 Either party may terminate immediately for uncured material breach after 14 days' notice or insolvency. Non-payment is governed by Section 4.10.
15.4 We may suspend access immediately where required by law or a Channel provider, or to address material security, fraud, spam or legal risk, and after notice and a reasonable cure opportunity for other breaches. We may remove or block content for the same reasons. Fees continue during suspension caused by you.
15.5 On termination, access ends and accrued Fees are due. Fees for the remainder of a committed term become due if termination is for your non-payment or uncured material breach. Customer Data is available for export for 30 days, after which it may be deleted under the DPA, subject to legal retention.
15.6 Sections 4, 8, 9, 12.3, 13, 14, 15.5, 17 and 18, and the DPA where applicable, survive termination.
16. Changes to the Service or Terms
16.1 We may update and improve the Service, but will not materially reduce core functionality during a paid term without reasonable notice.
16.2 For material changes to these Terms, we will notify you by email or in-product notice at least 14 days before they take effect, or such shorter period as required by law, a regulator or a Channel provider. Non-material changes take effect when posted.
16.3 Material changes apply to monthly subscriptions after the notice period and to annual or committed subscriptions at renewal, except changes required by law, a regulator or a Channel provider. If you do not agree, you may cancel or decline to renew under Section 15.2. Continued use constitutes acceptance.
17. Governing Law and Disputes
17.1 These Terms and related contractual and non-contractual disputes are governed by Singapore law.
17.2 The parties will first try to settle disputes through good-faith discussions within 30 days of written notice.
17.3 Unresolved disputes will be finally resolved by SIAC arbitration under the SIAC Rules in force when the notice is filed. The seat is Singapore, with one arbitrator and English as the language. Streamlined or Expedited Procedure applies where eligible.
17.4 Either party may seek urgent interim or injunctive relief from a competent court or enforce an arbitral award.
18. General
18.1 These Terms, any Order Form, the DPA where applicable and referenced policies are the entire agreement and supersede prior statements. An Order Form prevails over these Terms; these Terms prevail over referenced policies; the DPA prevails for personal data processing unless expressly varied in a signed amendment or Order Form.
18.2 You may not assign these Terms without written consent. We may assign them to an affiliate or with a merger, reorganisation or sale of assets or business, with notice.
18.3 We may use affiliates and subcontractors and remain responsible for their performance. Sub-processors are governed by the DPA where applicable.
18.4 Neither party is liable for delay or failure caused by events beyond reasonable control, provided it notifies the other and mitigates effects. Payment obligations are not excused.
18.5 We may give notices by email or in-product notice. Notices to us must be sent to [email protected] or our registered address, marked "Legal", and are received on the next Singapore business day.
18.6 Electronic acceptance and records satisfy writing or signature requirements, and we may retain acceptance records as evidence.
18.7 Unenforceable provisions are modified or severed and the remainder remains effective. Failure to enforce is not a waiver.
18.8 No third party may enforce these Terms under the Contracts (Rights of Third Parties) Act 2001 or otherwise.
18.9 Each party will comply with sanctions, export control and anti-corruption laws; you will not use the Service for a sanctioned person or territory.
18.10 The parties are independent contractors. These Terms are in English; translations are for convenience only.
18.11 You agree that we may identify you as a customer by name and logo in marketing materials in accordance with your brand guidelines. Withdraw permission by emailing [email protected].
18.12 References to legislation include amendments, consolidations, re-enactments, replacements and subsidiary legislation.
19. Contact
Questions about these Terms: [email protected]
Marvel Integration Technology Pte. Ltd., 391B Orchard Road, #22-00, Ngee Ann City Tower B, Singapore 238874
