Terms of Service

1. Acceptance of Terms

By accessing or using NovaCampaign, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use the platform.

2. Platform Description

NovaCampaign is a B2B marketing campaign management platform that enables businesses to send Email and WhatsApp messages to their contacts. The platform is developed and operated by Talent Reform Consulting Sdn. Bhd.

3. Account Terms

As a client of NovaCampaign, you are responsible for the following:

• Maintaining the security and confidentiality of your account credentials.
• Ensuring that each user account is used by only one individual.
• Providing accurate and up-to-date business information associated with your account.
• Notifying us immediately of any unauthorized access to your account.

4. Acceptable Use

You agree to use NovaCampaign in compliance with the following:

• You shall not send spam or unsolicited messages through the platform.
• You shall not distribute illegal, harmful, or misleading content.
• You must comply with Meta's WhatsApp Business Policy when sending WhatsApp messages.
• You must maintain proper opt-in records for all message recipients.
• You must honor opt-out requests immediately.
• You shall not send messages to phone numbers or email addresses that have opted out of receiving communications.

5. WhatsApp Messaging Terms

• Clients must comply with Meta's WhatsApp Business Policy and WhatsApp Commerce Policy at all times.
• Message template content must meet Meta's content guidelines and approval requirements.
• Users are responsible for maintaining opt-in compliance for all WhatsApp message recipients.
• Template rejection by Meta is the client's responsibility to resolve. NovaCampaign is not liable for templates that fail Meta's review process.

6. Meta Fee Transparency

WhatsApp messaging fees are charged by Meta in accordance with their published pricing schedule. These fees are separate from NovaCampaign platform fees. Platform fees are as agreed in your service agreement with Talent Reform Consulting Sdn. Bhd.

7. Data Processing Agreement

NovaCampaign acts as a data processor under GDPR Article 28. The client is the data controller for their contact data. The following terms apply to data processing:

• Sub-processors: Meta/WhatsApp (message delivery) and hosting infrastructure provider.
• Breach notification: In the event of a data breach, we will notify you within 72 hours of becoming aware of the incident.
• Data deletion: Upon termination of your account, all data will be deleted within 30 days.
• Data subject access requests (DSAR): The client is responsible for responding to data subject access requests. NovaCampaign will provide reasonable assistance in fulfilling these requests.

8. WABA Portability

Upon termination of service, you may request transfer of your WhatsApp Business Account (WABA) to another provider. We will complete the transfer within 30 calendar days of your written request.

9. Intellectual Property

The NovaCampaign platform and its original content, features, and functionality are owned by Talent Reform Consulting Sdn. Bhd and are protected by applicable intellectual property laws.

The client retains full ownership of their content, contact data, and campaign materials uploaded to or created within the platform.

10. Limitation of Liability

NovaCampaign is provided "as is" and "as available" without warranties of any kind, either express or implied.

To the maximum extent permitted by law, Talent Reform Consulting Sdn. Bhd shall not be liable for:

• Message delivery failures caused by third-party providers, including Meta and email service providers.
• Template rejections by Meta.
• Any consequences arising from the client's non-compliance with applicable messaging regulations.

11. Termination

Either party may terminate the service agreement with 30 days written notice. NovaCampaign reserves the right to immediately terminate service for violation of these Terms of Service.

Upon termination:

• Access to the platform will be revoked.
• All client data will be deleted within 30 days, unless a longer retention period is required by law.
• WABA transfer is available upon request, as described in Section 8.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Selangor.