Terms of Service

1. About these Terms

These Terms of Service ("Terms") cover the websites and services run by EZ FLOW LABZ SDN. BHD. ("EZ FLOW LABZ", "we", "us"), including ezflowlabz.com, the booking pages at app.ezflowlabz.com, and our missed call text back service (together, the "Service").

They apply to two groups of people:

• Businesses that sign up to use the Service ("you" or "the business").
• Callers and customers who call a business that uses the Service, book on a booking page we host, or receive a text message from us.

By using the Service you agree to these Terms. If you do not agree, please do not use it. If you use the Service for a business, you confirm that you are allowed to accept these Terms for that business. The Service is offered to businesses and their customers in the United States and is meant for people aged 18 or over.

2. What the Service does

• Booking page. We build and host a page where a business's customers can pick a service and a time.
• Missed call text back. The business keeps its own phone number. When the business does not answer, the call forwards to a booking line we set up for that business. That line sends the caller one text message with a link to the booking page.
• Booking messages. When a customer books, we send messages about that booking, such as a confirmation and a reminder.

3. Text messaging terms (SMS)

Program name: EZ FLOW LABZ Missed Call Text Back and Booking Alerts.

What the program is. If you call a phone line that uses the Service and the call is not answered, you may get one text message with a link to book online. If you book, you may get text messages about that booking: a confirmation, a notice if the booking is changed or cancelled, a reminder before the appointment, a message with a link to pick a new time if the appointment is missed, and after the visit one text asking how it went. We do not send marketing or promotional text messages.

Examples of the messages:

• How you agree to get texts. You agree when you call a line that uses the Service and the call is not answered, or when you enter your mobile number to book. Agreeing to texts is not a condition of buying any goods or services.
• Message frequency. Message frequency varies. A missed call sends one text. A booking sends a confirmation, a reminder, a notice if the booking changes or is missed, and one text after the visit.
• Cost. Message and data rates may apply, depending on your mobile plan. We do not charge you for the messages.
• How to stop. Reply STOP to any message to stop texts from that number. You will get one message confirming that you are opted out, and no more texts after that.
• How to get help. Reply HELP to any message, or email hello@ezflowlabz.com.
• Carriers. Carriers are not liable for any delayed or undelivered messages.
• Your number is not sold or shared for marketing. We do not sell, rent or share mobile numbers or text messaging consent with third parties or affiliates for marketing or promotional purposes.
• Privacy. How we handle your mobile number is explained in our Privacy Policy.

4. Terms for businesses

4.1 Your account

You must be at least 18 years old and able to act for the business you sign up. Give us accurate details about the business, keep your login to yourself, and tell us at hello@ezflowlabz.com if you think someone else has used your account.

4.2 Your phone number and call forwarding

You keep your own phone number. You switch call forwarding on with your phone carrier, and you can switch it off at any time. You must have the right to forward calls from the number you use.

4.3 Carrier registration

US mobile carriers must approve business texting before any text can be sent. We file that registration for your business, using the business details you give us. Text back starts only after the carriers approve it. Approval is decided by the carriers and we cannot promise it or its timing.

4.4 Who gets texts

The Service texts only people who called your business and were not answered, or who booked with you. You may not use the Service to send marketing messages, to text lists of numbers, or to text anyone who has opted out.

4.5 Your jobs and your customers

A booking is an arrangement between you and your customer. You are responsible for your services, your prices, your availability, the work you do and any dispute with your customer. We are not a party to that arrangement.

4.6 Your content

You keep ownership of the name, logo, photos and text you give us. You allow us to show them on your booking page and in the messages we send for you, and you confirm you have the right to use them.

4.7 Your customers' information

When your customers call or book, you decide why and how their information is used for your jobs, and we handle it for you as your service provider. You are responsible for having the right to collect and use that information, for telling your customers how you use it where the law requires, and for using what you see in the Service (names, numbers, addresses, voicemails) only to serve those customers. We handle it as our Privacy Policy describes and do not use it for our own marketing.

4.8 Messaging rules are your rules too

Text messaging in the United States is governed by laws such as the Telephone Consumer Protection Act and by carrier and industry rules. The Service is built to send only messages that answer a call or relate to a booking. You agree not to use it, or the numbers you see in it, in any way that breaks those laws and rules, and you are responsible for any texts or calls you make to your customers outside the Service.

4.9 Voicemail

When a forwarded call is not answered, the caller hears a greeting with your business name and may leave a recorded message, which we pass to you. You are responsible for listening to and acting on your messages. We do not answer calls for you or give advice to your callers.

5. Price and payment (businesses)

• Setup: $0.
• Price: $2 for each confirmed booking made through your booking page. There is no monthly fee and no contract.
• Cancelled or rescheduled: a booking that is cancelled or rescheduled before its start time is not charged.
• No-shows: if a customer does not show up, you mark the booking as a no-show. The first 3 no-shows you mark each month are not charged. From the 4th no-show in a month, the booking is charged.
• One job, one charge: a job is charged once, even if it is moved to a new time.
• A month with no bookings costs nothing.

Prices are in US dollars. Callers and customers are never charged by us.

5.1 Payment card and authorization

We ask for a payment card when you sign up. To check that the card works we may place a temporary $1 hold, which is released and is not a charge. Card details are collected and held by our payment processor. By giving us a card you confirm that you are allowed to use it, and you authorize us and our payment processor to charge it for the fees that fall due under these Terms until you cancel and all fees are paid. Keep your card details up to date.

5.2 When you are charged

Fees for confirmed bookings are charged to the card on file in arrears. We tell you the billing schedule before your first charge. Each charge comes with a record of the bookings it covers.

5.3 Failed payments

If a charge fails, we may try the card again, ask you for another card, and pause your booking page and text back until the amount is paid. You remain responsible for fees that fell due before any pause.

5.4 Billing questions and refunds

If you think a charge is wrong, email hello@ezflowlabz.com within 60 days of the charge and we will review it. Where a booking was charged by mistake, we refund or credit that charge. Apart from that, and apart from any refund the law requires, fees for confirmed bookings are not refundable. Please contact us before you dispute a charge with your card issuer, so we can fix a real mistake quickly.

5.5 Fair use of the no-show rule

A booking may be marked as a no-show only when the customer really did not turn up. If bookings are marked as no-shows, cancelled or moved in order to avoid the booking fee, we may charge for those bookings and may suspend or close the account.

5.6 Price changes

We may change our prices. We email you at least 14 days before a change takes effect. The new price applies only to bookings confirmed after that date, and you can cancel before it does.

5.7 Taxes

Our prices do not include taxes. You are responsible for any sales, use or similar taxes that apply to your purchase of the Service, and for all taxes on your own services to your customers.

6. Term, cancelling and suspension

These Terms apply from the moment you first use the Service until your use ends. There is no contract period and no minimum term.

You can cancel at any time by emailing hello@ezflowlabz.com and switching call forwarding off with your carrier. There is no cancellation fee. Bookings confirmed before you cancel remain payable under section 5.

We may suspend or end an account, or any part of the Service for it, if these Terms or our Acceptable Use Policy are broken, if fees are unpaid, if we reasonably believe the account is used for fraud or unlawful activity, if it puts the Service, a carrier relationship or other people at risk, or if the law, a carrier or a provider requires it. Where we reasonably can, we tell you first and give you a chance to fix the problem.

We may also stop offering the Service, or any part of it. If we do, we give businesses at least 30 days' notice by email unless the law or a provider makes that impossible.

After the end: your booking page and text back stop, the booking line we set up for you is released, and we delete or anonymize your data as our Privacy Policy describes. Ask us for a copy of your bookings and customer list within 30 days of the end and we will provide it. Sections 5, 8, 9, 10, 11, 12, 13, 14 and 17 continue to apply after the end.

7. Acceptable use

Everyone who uses the Service must follow our Acceptable Use Policy, which is part of these Terms. In short, you agree not to:

• Break any law, including laws on text messaging and telemarketing.
• Send spam, marketing or any message the recipient has not agreed to.
• Give false information about yourself or a business, or pretend to be someone else.
• Make bookings you do not intend to keep.
• Try to break, overload or get around the security of the Service.

8. Our content, your feedback, and copyright complaints

The Service, including its software, design, text and trademarks, belongs to EZ FLOW LABZ SDN. BHD. or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service as these Terms allow, for as long as you follow them. No other rights are given. You may not copy, resell, reverse engineer or build a competing product from the Service.

If you send us ideas or feedback, we may use them freely and without payment.

If you believe something on a booking page we host copies your work without permission, email hello@ezflowlabz.com with the subject "Copyright complaint", the page address, a description of your work, your contact details, and a statement that you believe in good faith the use is not authorized and that your notice is accurate. We review each notice, remove material where that is warranted, and may close the accounts of repeat infringers.

9. Third-party services

The Service depends on companies we do not control, including phone carriers, a messaging and voice provider, a payment processor, hosting providers and a calendar provider. Their networks and rules affect whether calls forward, whether texts are delivered and how quickly. We are not responsible for the acts, failures, delays or decisions of these companies, including a carrier's decision to refuse, filter, delay or suspend text messaging.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, EZ FLOW LABZ SDN. BHD. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Without limiting that, we do not promise that every call will forward, that every text or reminder will be sent, delivered or delivered on time, that the Service will be uninterrupted or free of errors, or that it will bring any number of calls, bookings, customers or revenue. Any figures on our website are examples, not promises.

Not an emergency service. The Service is not a telephone company service and cannot be used to reach emergency services. Do not rely on it for calls or messages where a delay or failure could cause harm.

Not legal advice. We handle carrier registration and send messages in a way designed to follow US messaging rules, but nothing we provide is legal advice. Each business is responsible for its own compliance with the laws that apply to it.

11. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

• EZ FLOW LABZ SDN. BHD., ITS DIRECTORS, OFFICERS, EMPLOYEES AND PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, GOODWILL OR DATA, HOWEVER CAUSED AND EVEN IF WE WERE TOLD THE LOSS WAS POSSIBLE. THIS INCLUDES LOSS FROM A CALL THAT DID NOT FORWARD, A TEXT THAT WAS NOT SENT OR DELIVERED, A BOOKING THAT WAS MISSED, OR TIME WHEN THE SERVICE WAS NOT AVAILABLE.
• OUR TOTAL LIABILITY FOR ALL CLAIMS CONNECTED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM AND (B) US$100.

These limits apply to every kind of claim, whether in contract, tort (including negligence), under statute or otherwise, and they apply even if a remedy fails of its essential purpose. They reflect the price of the Service, which would be higher without them.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, or for death or personal injury caused by negligence, or takes away consumer rights that the law does not allow you to give up. Some places do not allow some of these limits, so some of them may not apply to you.

12. Indemnity (businesses)

If you are a business, you agree to defend and indemnify EZ FLOW LABZ SDN. BHD. and its directors, officers, employees and providers against any claim, demand, fine, penalty, loss and cost (including reasonable legal fees) brought by a third party, a carrier or a regulator that arises from:

• your services to your customers, or any dispute between you and a customer;
• your content, including your name, logo, photos, prices and descriptions;
• the details you gave us for carrier registration, if they were inaccurate or not yours to give;
• your use of a phone number you did not have the right to forward;
• any message sent at your direction or because of your misuse of the Service, including claims under text messaging, telemarketing or privacy laws;
• your handling of your customers' personal information outside the Service; or
• your breach of these Terms, the Acceptable Use Policy or any law.

We tell you promptly about any such claim and may take over its defense, in which case you agree to help us as we reasonably ask.

13. Governing law and disputes

13.1 Talk to us first

If you have a problem with the Service, email hello@ezflowlabz.com with a description of it. Both sides agree to try in good faith to settle any dispute within 30 days of that written notice before starting any formal proceeding.

13.2 Governing law

These Terms, and any dispute connected to them or to the Service, are governed by the laws of Malaysia, without regard to rules on conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.3 Disputes with businesses: arbitration

If you are a business and a dispute is not settled under section 13.1, it will be finally resolved by arbitration under the Arbitration Rules of the Asian International Arbitration Centre (AIAC) in force when the arbitration starts. There will be one arbitrator. The seat of arbitration is Kuala Lumpur, Malaysia. The language is English. Hearings may be held by video. The award is final and binding and may be enforced in any court that has jurisdiction.

Either side may still go to a court to ask for urgent interim relief, to stop misuse of its intellectual property or of the Service, or to collect unpaid fees.

13.4 Disputes with callers and customers

If you are an individual who called a business, booked on a booking page or received a text, and you use the Service as a consumer, any dispute that is not settled under section 13.1 may be brought in the courts of Kuala Lumpur, Malaysia. This does not take away the protection of the mandatory consumer laws of the place where you live, or any right those laws give you to bring a claim in your local courts.

13.5 No class actions

TO THE FULLEST EXTENT THE LAW ALLOWS, EACH SIDE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS OWN NAME, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. CLAIMS OF DIFFERENT PEOPLE OR BUSINESSES MAY NOT BE JOINED OR HEARD TOGETHER UNLESS BOTH SIDES AGREE IN WRITING. WHERE A CLAIM IS HEARD IN A COURT THAT USES JURIES, EACH SIDE GIVES UP ANY RIGHT TO A JURY TRIAL TO THE EXTENT THE LAW ALLOWS.

14. Events outside our control

We are not responsible for a failure or delay caused by something outside our reasonable control, such as a failure of a carrier, a telecommunications network, the internet, a power supply or a provider, an act of a government or regulator, a cyberattack, a natural disaster, an epidemic, war or civil unrest.

15. Trade rules

You confirm that you are not located in a country that is subject to a comprehensive trade embargo, and that you are not on a government list of prohibited or restricted parties. You may not use the Service in breach of export control or sanctions laws.

16. Changes to these Terms

We may update these Terms. When we do, we change the version and the "Last updated" date at the top of this page. If a change is important, we email businesses at least 14 days before it takes effect, unless the change is needed sooner for legal, security or carrier reasons. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and, if you are a business, cancel under section 6.

17. General

• Whole agreement. These Terms, the Acceptable Use Policy and the Privacy Policy are the whole agreement between you and us about the Service and replace any earlier statement, page or message about it.
• Electronic communications. You agree that we may send you notices, records and agreements by email or through the Service, and that these count as being in writing. You can enter into these Terms electronically.
• Notices. We send notices to the email address on your account. Send notices to us at hello@ezflowlabz.com.
• Independent parties. You and we are independent of each other. These Terms create no partnership, joint venture, employment or agency, and neither side may bind the other.
• Transfer. You may not transfer these Terms or your account without our written consent. We may transfer these Terms to an affiliate or to a company that takes over our business or the Service.
• No third-party rights. These Terms give rights only to you and to us, except that the people named in sections 11 and 12 may rely on those sections.
• Severability. If any part of these Terms cannot be enforced, that part is changed as little as needed to make it enforceable, and the rest still applies.
• No waiver. If we do not enforce a right, we have not given it up.
• Language. These Terms are written in English. If they are translated, the English version controls to the extent the law allows.
• Headings and summaries. Headings and "the short version" boxes are for convenience only and do not change the meaning of these Terms.

18. Contact us

See also our Privacy Policy.