Terms and Conditions

KONTAKAMI SERVICE TERMS AND CONDITIONS

1. GENERAL PROVISIONS AND DEFINITIONS

1.1 These Service Terms and Conditions ("Terms") govern the relationship between PT Aplikasi Yellow Olahkata ("KONTAKAMI", "We", or "we") and any party that subscribes to or uses the KONTAKAMI services ("Customer", "You", or "User").

1.2 "Platform" means the web-based KONTAKAMI platform developed, operated, managed, and provided by KONTAKAMI over the internet, including the features, modules, functions, APIs, documentation, updates, and releases provided from time to time.

1.3 "Services" means the subscription-based services provided through the Platform, including contact center, omnichannel, communication, conversation management, ticketing, dashboard, AI, and integration functions, and other supporting services in accordance with the Service Package selected by the Customer.

1.4 "Account" means an account created to enable the Customer and its authorized Users to access the Platform.

1.5 "Customer Data" means any data, information, content, recordings, conversations, tickets, documents, or other information entered, transmitted, stored, or processed by or on behalf of the Customer through the Platform.

1.6 "Service Package" means the package, modules, features, usage capacity, number of users/agents, channels, storage, or service components selected by the Customer as set out in an Order Form, offer, quotation, or commercial document agreed by the Parties.

1.7 "Subscription Term" means the period of use of the Services as set out in the Order Form or the applicable commercial document.

1.8 "Third-Party Services" means any services, applications, APIs, networks, channels, cloud services, payment services, AI services, or other technologies provided by a party other than KONTAKAMI and integrated with or used alongside the Platform.

2. ACCEPTANCE OF THE TERMS

2.1 These Terms of Use constitute a legally binding agreement between KONTAKAMI and the Customer as a business entity. Any individual who registers an account or signs an Order Form/LOI on behalf of a business entity represents and warrants that they have the lawful authority to bind that business entity to these Terms of Use.

2.2 By registering, signing an Order Form/LOI, accepting an offer, activating an Account, accessing, or using the Platform, You represent that You have read, understood, and agreed to be bound by these Terms.

2.3 Where there are specific provisions in an Order Form/LOI, SLA, DPA, or other document expressly agreed by the Parties, those specific provisions apply in accordance with their scope. In the event of a conflict, the order of precedence shall follow the provisions of the applicable Order Form or main agreement document.

3. SCOPE AND SERVICE MODEL

3.1 KONTAKAMI provides the Services as a web-based SaaS (Software as a Service) service. The Customer obtains the right to access and use the Platform during the Subscription Term and in accordance with the selected Service Package.

3.2 The Customer does not obtain ownership of, any transfer of source code, or any right to distribute, resell, or sublicense the Platform or the underlying technology, unless otherwise agreed in writing.

3.3 KONTAKAMI may add, change, enhance, replace, or discontinue certain features of the Platform from time to time, provided this does not conflict with service commitments expressly agreed in the applicable contractual documents.

3.4 Services connected with other parties, including telecommunications providers, cloud infrastructure providers, or payment partners, are subject to the separate terms and conditions set by the owners of those services ("Third-Party Terms"). KONTAKAMI is not responsible for issues arising solely from such third-party services.

3.5 KONTAKAMI is entitled, without any exclusivity restriction, to provide the Platform, the Services, or similar services to other parties, unless expressly agreed otherwise in writing by the Parties.

4. SUBSCRIPTION, ORDER FORM, AND USE

4.1 The Customer's access rights are determined based on the Service Package and Subscription Term set out in the Order Form or the agreed commercial document.

4.2 The number of agents, users, channels, conversation volume, storage, API calls, or other usage limits may be restricted based on the Service Package.

4.3 Usage exceeding the limits of the Service Package may incur additional charges or require an upgrade of the Service Package where such mechanism is stipulated in the Order Form or the commercial terms.

4.4 The Customer may not use the Account or credentials to provide access to unauthorized parties or use the Services beyond the scope of the access rights obtained.

4.5 Unless otherwise agreed in writing in the Order Form, the Subscription Term will be automatically renewed (auto-renewal) for the same period as the preceding term, unless either party gives written notice not to renew no later than 30 (thirty) days before the end of the current Subscription Term.

5. ACCOUNT AND ACCESS SECURITY

5.1 The Customer is responsible for the accuracy of Account information and must update it in the event of any change.

5.2 The Customer is responsible for maintaining the confidentiality of usernames, passwords, API keys, and other credentials, and is responsible for activities carried out through the User Accounts under its control.

5.3 The Customer must promptly notify KONTAKAMI upon becoming aware of or suspecting any unauthorized access, loss of credentials, or security incident relating to the Account.

5.4 KONTAKAMI is entitled to take reasonable steps to protect the Platform, including restricting or suspending access that is indicated to pose a security risk.

5.5 The Customer must keep registration data accurate (company name, address, person in charge, billing information) and update it in the event of any change, as inaccurate data may affect the smooth operation of the Services and the billing process.

6. CUSTOMER DATA

6.1 The Customer retains all rights and interests in the Customer Data lawfully held by it. These Terms do not transfer ownership of the Customer Data to KONTAKAMI.

6.2 The Customer grants KONTAKAMI a limited right to access, store, process, transmit, and use the Customer Data to the extent necessary to provide, operate, maintain, secure, support, and improve the Services.

6.3 The Customer is responsible for ensuring that it has the necessary legal basis and authority to enter or process the Customer Data through the Platform.

6.4 The use of personal data in the provision of the Services is subject to the Privacy Policy and the personal data protection regulations applicable in Indonesia.

6.5 Without prejudice to Article 6.1, KONTAKAMI is entitled to process the Customer Data into aggregate and/or irreversibly anonymized data, in such a manner that it cannot be linked to or re-identified with the Customer or any individual ("Aggregated Data"), for use by KONTAKAMI for analytics, benchmarking, and product development and improvement, including training the artificial intelligence (AI) models used in the Services. Aggregated Data that meets the anonymization requirements referred to in this Article is no longer categorized as personal data under the applicable personal data protection regulations. The Customer may at any time submit a written request to KONTAKAMI not to include its Customer Data in the process referred to in this Article, and KONTAKAMI will follow up on such request within a reasonable period in accordance with the mechanism set out in the Privacy Policy.

6.6 KONTAKAMI will not share, sell, or disclose identifiable Customer Data to other KONTAKAMI customers or any third party for the commercial benefit of such third party, except: (a) to providers of Third-Party Services as referred to in Article 9 that are reasonably necessary to provide and operate the Services; or (b) to the extent required under an applicable court order, law, or order of a competent authority.

7. PERSONAL DATA AND DATA PROCESSING

7.1 The Parties must comply with the applicable laws and regulations on personal data protection and data processing.

7.2 The Customer is responsible for the processing instructions given to KONTAKAMI and for ensuring that such instructions are lawful.

7.3 Data stored on the Services remains accessible during an active Subscription Term. KONTAKAMI is entitled to delete Customer Data after a certain retention period as provided in Article 19, unless otherwise agreed or required by law.

8. SERVICES PROVIDED AND CUSTOMIZATION REQUESTS

8.1 The Services are provided to the Customer in standard form ("as-is") in accordance with the features covered by the Order Form/LOI. KONTAKAMI is not obligated to provide features, integrations, displays, workflows, or special capacity beyond that standard scope unless agreed in writing.

8.2 Where the Customer requests adjustments, custom feature development, additional integrations, or other forms of customization, such requests: (a) fall outside the scope of the Subscription fees already paid; (b) will incur additional charges in accordance with a separate offer and/or additional work agreement (Statement of Work) agreed in writing by both parties before work commences; and (c) will only be carried out after the Customer approves the offered fees and work period.

8.3 KONTAKAMI is entitled, at its own discretion, to accept, negotiate, or reject any Customization Request, including where such request is deemed inconsistent with the product development direction, technically infeasible, poses a risk to system security/stability, or conflicts with the Third-Party Terms of the relevant third-party channel. Rejection of a Customization Request does not constitute a breach by KONTAKAMI of these Terms of Use.

8.4 All custom development outputs created based on a Customization Request remain subject to Article 13 (Intellectual Property Rights), unless expressly agreed otherwise in the relevant Statement of Work.

9. THIRD-PARTY SERVICES AND INTEGRATION

9.1 The KONTAKAMI Service Platform enables the Customer to connect accounts and/or integrate with Third-Party Services, including but not limited to communication channel providers such as WhatsApp Business, Facebook Messenger, Instagram, and TikTok; email, cloud, AI, payment, and APIs into a single omnichannel dashboard.

9.2 Use of Third-Party Services may be subject to the terms, policies, fees, technical limitations, and privacy policies of the relevant third party.

9.3 KONTAKAMI is not responsible for any change, disruption, restriction, termination, refusal, loss, blocking, action, policy, or system failure caused by third-party channel providers, as these are beyond KONTAKAMI's reasonable control.

9.4 The Customer is responsible for obtaining the necessary consent or authorization to connect third-party accounts or services with the Platform.

10. PROHIBITED USE

10.1 The Customer is prohibited from using the Platform for purposes that violate the law, regulations, the rights of others, or these Terms.

10.2 Without limiting other provisions, the Customer is prohibited from: (a) attempting to obtain the source code or reverse engineering; (b) circumventing or disabling security mechanisms; (c) disrupting, damaging, or unreasonably burdening the Platform; (d) scraping or unauthorized automated access; (e) distributing malware; (f) spamming or engaging in activities that may damage the reputation of a channel, domain, or infrastructure; (g) using the Platform for fraudulent activity, illegal pornography, terrorism, or other unlawful activities; and (h) reselling or sublicensing the Platform without KONTAKAMI's written consent.

10.3 KONTAKAMI may take action against prohibited use, including by restricting, suspending, or terminating access in accordance with these Terms.

11. AVAILABILITY, MAINTENANCE, AND SUPPORT

11.1 KONTAKAMI will make reasonable efforts to maintain the availability and operation of the Platform.

11.2 Access to the Services may be interrupted from time to time due to scheduled maintenance, system updates, cloud provider infrastructure disruptions, or other causes beyond KONTAKAMI's reasonable control.

11.3 KONTAKAMI does not guarantee that the Services will always be free from interruption, error, or security vulnerabilities, but will follow up on reports of disruption in accordance with the applicable technical support procedures.

11.4 KONTAKAMI may perform scheduled or emergency maintenance to maintain the security, stability, or integrity of the Platform.

12. FEES, BILLING, PAYMENT, AND TAXES

12.1 The Customer must pay the Service fees as set out in the applicable Order Form, quotation, invoice, or commercial document.

12.2 KONTAKAMI is entitled to change the Service price for the next contract renewal period, unless the Parties have agreed in writing to a Subscription Term exceeding 12 (twelve) months as set out in the Order Form/LOI. Where the agreed Subscription Term exceeds 12 (twelve) months, the price stated in that Order Form/LOI is fixed and binding (fixed price) for the duration of that Subscription Term, and may only change in the next renewal period after that Subscription Term ends.

12.3 Late payment may result in restriction or suspension of access after reasonable notice, without prejudice to KONTAKAMI's right to collect the outstanding payment obligations.

12.4 Taxes arising in connection with the Services are the responsibility of each Party in accordance with the applicable tax regulations.

13. INTELLECTUAL PROPERTY

13.1 All rights, title, and interest in the Platform, software, source code, design, UI/UX, documentation, trademarks, logos, technology, standard configurations, and KONTAKAMI's intellectual property remain the property of KONTAKAMI or its licensors.

13.2 Unless expressly stated otherwise in writing, the Customer only obtains a limited, non-exclusive, non-transferable right, for the duration of the Subscription Term, to access and use the Platform in accordance with these Terms.

13.3 The Customer retains rights to the Customer Data as provided in these Terms. KONTAKAMI does not claim ownership rights over the Customer Data generated through the Services. The Customer grants KONTAKAMI a limited, royalty-free right to store, process, and display the Customer Data solely for the purposes of the Services.

13.4 Input, suggestions, or feedback regarding the Services may be used by KONTAKAMI for the development of the Services without any obligation of payment to the Customer.

13.5 KONTAKAMI is entitled to include the Customer's name and logo as a Customer Reference in KONTAKAMI's general marketing materials, website, proposals, or case studies, unless the Customer submits a written objection in that regard.

14. CONFIDENTIALITY

14.1 Each Party must maintain the confidentiality of non-public information obtained from the other Party in connection with the Services ("Confidential Information").

14.2 Confidential Information may only be used to perform the rights and obligations under the Parties' contractual relationship.

14.3 The confidentiality obligation does not apply to information that: (a) has become public information other than through a breach by the receiving party, (b) was lawfully held by the receiving party prior to disclosure, or (c) must be disclosed under an order of a court or law or an order of a competent authority or applicable laws and regulations.

15. SECURITY

15.1 KONTAKAMI implements reasonable technical security measures appropriate to the nature of the Services.

15.2 The Customer is responsible for the security of devices, networks, credentials, and configurations under its control.

16. AI AND AUTOMATION FEATURES

16.1 The Services may include AI or automation features to assist with classification, recommendations, response drafting, analysis, summarization, routing, or other functions.

16.2 AI output may contain errors, incompleteness, or inaccuracies. The Customer is responsible for reviewing and determining whether such output is suitable for use.

16.3 The Customer is responsible for the input provided to the AI features and must ensure that the use of such features complies with the law, KONTAKAMI's policies, and the applicable Third-Party Service terms.

17. SERVICE SUSPENSION

17.1 KONTAKAMI may suspend part or all access where: (a) the Customer commits a material breach; (b) there are due and unpaid payment obligations; (c) use poses a security or operational risk; (d) use violates the law; (e) suspension is necessary to comply with legal obligations or regulator orders; or (f) it is necessary to protect the Platform or other users.

17.2 To the extent circumstances permit, KONTAKAMI will provide prior notice and a reasonable opportunity to remedy the breach, unless security, legal, or emergency circumstances require immediate action.

18. TERMINATION

18.1 The Service relationship may end upon the expiry of the Subscription Term or pursuant to the termination provisions agreed in the Order Form/LOI or the Main Agreement.

18.2 Either Party may terminate the relationship if the other Party commits a material breach and fails to remedy it within a reasonable period after receiving written notice.

18.3 KONTAKAMI may terminate the Services if the Customer's use violates the law, poses a material risk to the security of the Platform, or in other circumstances that reasonably require termination.

18.4 Termination does not remove payment obligations that arose before the effective date of termination.

18.5 Where the Customer terminates the Services before the end of the agreed Subscription Term for convenience, and not due to an unremedied material breach, then: (a) the Customer remains obligated to settle all Service fees for the remainder of the current Subscription Term as set out in the Order Form/LOI, and (b) there is no refund of fees previously paid.

19. DATA EXPORT, RETENTION, AND DELETION

19.1 After the end of the Services, the Customer may export Customer Data in a format supported by the Platform, in accordance with the technical capabilities and provisions of the Service Package, within a maximum period of 30 (thirty) calendar days from the date the Services end ("Retention Period").

19.2 After the end of the Retention Period, KONTAKAMI may delete Customer Data in accordance with the applicable data retention and deletion policy, while taking into account legal obligations requiring data retention.

20. WARRANTIES AND DISCLAIMER

20.1 KONTAKAMI will provide the Services professionally and with reasonable effort in accordance with applicable service provision standards.

20.2 KONTAKAMI does not warrant that (a) the Services will always meet all of the Customer's specific needs, (b) the Services will operate without interruption or error-free, or (c) the results obtained from using the services, including the AI QA Scoring feature, will be fully accurate or reliable for any business decision.

20.3 This disclaimer is not intended to limit any rights or protections that cannot be waived under applicable law.

21. INDEMNITY

21.1 The Customer must indemnify and hold KONTAKAMI harmless from third-party claims arising directly from: (a) Customer Data that infringes the rights of a third party; (b) use of the Platform in violation of these Terms or the law; or (c) infringement of third-party intellectual property rights caused by materials provided by the Customer.

21.2 Further provisions on indemnity, including claim handling procedures, may be set out in the commercial agreement or the main agreement. Unless otherwise provided in that commercial agreement or main agreement: (a) KONTAKAMI must notify the Customer in writing without unreasonable delay after becoming aware of a third-party claim subject to the indemnity obligation under this Article 21; (b) KONTAKAMI is entitled, at its own option, to take over and control the defense and settlement of such claim using counsel of its choice; (c) the Customer must provide reasonable cooperation and information necessary for the defense and settlement of such claim.

21.3 The Customer's indemnity obligation under Article 21.1 also covers losses arising from the Customer's breach of Third-Party Service terms (including Meta's policies for WhatsApp/Facebook/Instagram and TikTok's policies) that results in the suspension, blocking, or restriction of access by KONTAKAMI or other Customers to the relevant Third-Party Services.

22. LIMITATION OF LIABILITY

22.1 To the extent permitted by law, KONTAKAMI is not liable for indirect, incidental, special, consequential losses, loss of profits, revenue, business opportunity, goodwill, reputation, or data arising from the use of the Services. KONTAKAMI will not provide compensation or refund service fees under any circumstances.

22.2 KONTAKAMI will not pay any compensation, indemnity, or refund of fees in any form to the Customer in connection with claims relating to the Services, under any circumstances. The Customer agrees to hold KONTAKAMI harmless from any claims or demands arising as a result of the Customer's violation of these Terms or applicable law.

23. CHANGES TO THE PLATFORM AND THE TERMS

23.1 KONTAKAMI may make updates, technical changes, enhancements, or modifications to the Platform from time to time.

23.2 By continuing to use the Services after the effective date of a change, the Customer is deemed to accept that change.

24. FORCE MAJEURE

24.1 KONTAKAMI is not liable for delays or failures in performing obligations caused by circumstances beyond its reasonable control, including natural disasters, war, riots, telecommunications or internet disruptions, cloud provider or third-party disruptions, cyber attacks, government actions, epidemics/pandemics, or other force majeure events.

25. GOVERNING LAW AND DISPUTE RESOLUTION

25.1 These Terms are governed by and construed in accordance with the laws of the Republic of Indonesia.

25.2 Any dispute will first be resolved through deliberation for consensus.

25.3 If no resolution is reached within a reasonable period, the dispute shall be resolved through the South Jakarta District Court, unless the Parties agree in writing to arbitration or another forum.

26. MISCELLANEOUS

26.1 KONTAKAMI may amend these Terms of Use from time to time.

26.2 The Customer may not transfer its rights and obligations under these Terms of Use to any other party without KONTAKAMI's prior written consent, except in the event of a merger, acquisition, or corporate restructuring of the Customer.

26.3 If any Article of these Terms is declared invalid, void, or unenforceable by a court or competent body, that provision shall be severed and shall not affect the validity of the remaining articles, which shall remain in full force.

26.4 The failure or delay of either Party in exercising or enforcing any right under these Terms shall not be deemed a waiver of that right, and a waiver of any right shall only be effective if stated in writing by the relevant Party.

26.5 These Terms are drafted in Bahasa Indonesia. Where versions in other languages exist for reference purposes, in the event of differing interpretations, the Bahasa Indonesia version shall prevail and be binding.

26.6 These Terms, together with the Order Form/LOI and other documents expressly referred to herein, constitute the entire agreement of the Parties regarding the subject matter hereof and supersede all prior agreements, representations, or understandings, whether oral or written, on the same subject.

26.7 Survival of Provisions After Termination.

The expiry or termination of these Terms does not remove any rights, obligations, claims, or liabilities of the Parties that arose before the effective date of the expiry or termination of these Terms, or any provisions that by their nature and intent are intended to survive.

Without limiting the foregoing, the provisions regarding rights to Customer Data, payment obligations including those referred to in Articles 18.4 and 18.5, intellectual property, confidentiality, data export, retention and deletion, disclaimer of warranties, indemnity, limitation of liability, governing law, and dispute resolution shall survive the expiry or termination of these Terms.

Kontakami's right to access, store, or process Customer Data after the expiry or termination of these Terms applies only to the extent necessary to fulfill retention, deletion, billing settlement, dispute handling, or Kontakami's legal obligations.

These Terms do not require the Customer to continue using the Services after the effective date of termination. However, these Terms do not remove, reduce, or delay the Customer's obligation to pay all fees, taxes, penalties, or other obligations that have fallen due or become payable under these Terms, including the obligation to pay the remainder of the Subscription Term as provided in Article 18.5.

Last updated: 21 September 2026