MAGGA AI

Terms and Conditions of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MAGGA AI'S SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Definitions

In these Terms and Conditions, the following definitions shall apply:

"Company" means Magga AI Co., Ltd., duly incorporated under the laws of the Republic of the Union of Myanmar.
"Services" means all artificial intelligence tools, software platforms, APIs, applications, consulting, and related digital services provided by the Company.
"User" or "Client" means any individual, company, or legal entity that accesses, registers for, or uses the Services.
"Output" means any content, data, result, recommendation, prediction, analysis, or information generated by the Company's AI systems.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable Myanmar law.
"Training Data" means data used to develop, train, fine-tune, or improve AI models.
"Automated Decision" means any decision made solely or substantially by automated processing without meaningful human review.
"Agreement" means these Terms and Conditions together with any applicable Service Agreement, addendum, or purchase order.

2. Acceptance of Terms

By accessing or using the Services in any manner, the User acknowledges that they have read, understood, and agree to be bound by these Terms.

This Agreement is governed by the laws of Myanmar, including:

The Myanmar Contract Act 1872
The Electronic Transactions Law 2004 (and its 2021 amendments)
The Computer Science Development Law 1996
The Privacy Law 2024
The Myanmar Arbitration Law 2016
Any other applicable Myanmar legislation and regulations

3. Nature of AI Services — Important Limitations

The User explicitly acknowledges and agrees to the following fundamental limitations of artificial intelligence technology:

AI-generated Outputs are probabilistic and statistical in nature, and are NOT guaranteed to be accurate, complete, current, or fit for any particular purpose.
The Services do not constitute professional advice of any kind, including but not limited to legal, medical, financial, investment, engineering, or regulatory advice.
AI models may produce errors, hallucinations, outdated information, biased outputs, or factually incorrect content without any warning or indication.
The Company makes no representation that any Output is free from errors, defects, or inaccuracies.
The User is solely responsible for independently verifying all Outputs before relying upon or acting upon them in any manner whatsoever.

4. AI-Specific Disclaimers and Acknowledgements

4.1 Automated Decision-Making: The Company's Services may produce recommendations, scores, predictions, or analyses through automated processing. THE USER EXPRESSLY ACKNOWLEDGES THAT NO OUTPUT SHALL BE USED AS THE SOLE BASIS FOR ANY CONSEQUENTIAL DECISION — including but not limited to decisions affecting finances, health, legal rights, employment, or safety — WITHOUT INDEPENDENT HUMAN REVIEW AND VERIFICATION. The Company accepts no liability for harm arising from automated decisions made in reliance on Outputs.

4.2 AI Model Bias and Fairness: The User acknowledges that AI systems, including those operated by the Company, may reflect biases present in their training data or architecture. The Company does not warrant that Outputs will be free from bias, discrimination, or prejudice. The User assumes full responsibility for evaluating the fairness and appropriateness of any Output before application.

4.3 Model Updates and Output Variability: The Company may update, retrain, modify, or replace its AI models at any time without notice. As a result, Outputs for identical inputs may differ across time. The Company makes no guarantee of consistency or reproducibility of Outputs between sessions, model versions, or time periods.

4.4 AI Hallucination Risk: Large language models and generative AI systems may produce content that appears factually correct but is entirely fabricated (commonly referred to as 'hallucination'). The Company is not liable for any loss or damage arising from the User's reliance on hallucinated or fabricated Outputs.

4.5 No Guaranteed Accuracy of AI Outputs: AI Outputs are generated probabilistically and do not constitute verified facts. The Company disclaims all liability for decisions, actions, or omissions taken by the User based on AI-generated content, analysis, classification, translation, summarisation, or any other form of Output.

5. Data Privacy and Protection

5.1 Governing Framework: The Company collects, processes, and stores Personal Data in accordance with the Myanmar Privacy Law 2024, the Electronic Transactions Law 2004, and other applicable regulations. By using the Services, the User consents to such collection and processing as described in this Section and the Company's Privacy Policy

5.2 Categories of Data Collected: The Company may collect and process the following categories of data:

Identity and contact information (name, email, organisation, phone number)
Account credentials and authentication data
Usage data, interaction logs, and behavioural analytics
Input data, queries, and prompts submitted to the Services
Device information, IP addresses, and geolocation data
Payment and billing information (processed via third-party payment providers)
Communications and support correspondence

5.3 AI Model Training Policy THE COMPANY WILL NOT USE USER-SUBMITTED INPUT DATA OR OUTPUTS TO TRAIN, FINE-TUNE, OR IMPROVE ITS AI MODELS WITHOUT OBTAINING PRIOR EXPLICIT WRITTEN CONSENT FROM THE USER.

5.4 Purpose of Data Processing: Personal Data is processed for the following lawful purposes:

Providing, maintaining, and improving the Services
User authentication and account management
Customer support and communication
Billing and payment processing
Legal compliance and fraud prevention
Aggregated analytics and service optimisation (anonymised only)

5.5 Data Retention: The Company retains Personal Data for a period of three (3) years from the date of last activity, unless a longer retention period is required by applicable law. Input data and query logs may be retained for a shorter period of twelve (12) months for operational purposes. Upon expiry, data will be securely deleted or anonymised.

5.6 User Rights Regarding Personal Data:Subject to applicable law, Users have the following rights:

Right of Access: Request a copy of Personal Data held by the Company
Right to Rectification: Request correction of inaccurate or incomplete Personal Data
Right to Erasure: Request deletion of Personal Data, subject to legal retention requirements
Right to Restriction: Request that processing of Personal Data be restricted
Right to Withdraw Consent: Withdraw consent for non-essential processing at any time
Right to Data Portability: Request transfer of Personal Data in a structured format where technically feasible

To exercise any of the above rights, Users must submit a written request to legal@magga.ai. The Company shall respond within thirty (30) calendar days.

5.7 Third-Party Data Sharing:The Company shall not sell, rent, or trade Personal Data to third parties. The Company may share data with trusted third-party service providers (e.g., cloud infrastructure, payment processors, analytics tools) strictly for the purpose of delivering the Services, subject to binding confidentiality and data protection obligations. A list of current third-party processors is available upon written request.

5.8 Cross-Border Data Transfers:The Company's infrastructure may involve servers or processors located outside of Myanmar. Where Personal Data is transferred internationally, the Company shall implement appropriate safeguards including contractual protections and encryption, in compliance with applicable Myanmar law.

5.9 Data Security: The Company implements commercially reasonable technical and organisational security measures, including encryption, access controls, and regular security assessments. However, no method of electronic transmission or storage is completely secure. The Company shall not be liable for any data breach, unauthorised access, or loss of data resulting from circumstances beyond its reasonable control. In the event of a material data breach affecting User Personal Data, the Company shall notify affected Users within seventy-two (72) hours of becoming aware of such breach, to the extent required by law.

5.10 Cookies and Tracking: The Company's platforms may use cookies, pixels, and similar tracking technologies for authentication, analytics, and service improvement. Users may manage cookie preferences through their browser settings. Disabling certain cookies may affect Service functionality.

5.11 Minors: The Services are not directed to individuals under the age of eighteen (18). The Company does not knowingly collect Personal Data from minors. If the Company becomes aware that Personal Data of a minor has been collected, it will be deleted promptly.

6. Acceptable Use Policy

The User agrees to use the Services only for lawful, ethical, and authorised purposes. The following uses are STRICTLY PROHIBITED:

6.1 Illegal and Harmful Content:

Generating, distributing, or facilitating content that is illegal under Myanmar law or international law
Creating content that incites violence, hatred, discrimination, or terrorism
Producing child sexual abuse material (CSAM) or any content exploiting minors
Generating defamatory, harassing, or threatening content targeting any individual or group
Facilitating fraud, scams, phishing, or identity theft

6.2 AI System Abuse:

Attempting to reverse-engineer, decompile, or extract the underlying AI model weights, architecture, or source code
Attempting to circumvent, jailbreak, or manipulate the Company's AI safety filters or guardrails
Submitting inputs designed to extract confidential system prompts or proprietary model information
Using the Services to train, fine-tune, or benchmark competing AI models without express written permission
Automated scraping, crawling, or bulk extraction of Outputs beyond agreed API rate limits

6.3 Critical and High-Risk Decisions Without Human Oversight:

Using AI Outputs as the sole basis for clinical or medical diagnosis, treatment decisions, or drug administration
Using AI Outputs as the sole basis for legal submissions, court filings, or legal advice to third parties
Using AI Outputs to make credit, insurance, or financial decisions affecting individuals without human review
Deploying AI Outputs in safety-critical systems (aviation, nuclear, power grids, autonomous vehicles) without certified human oversight

6.4 Reselling and Sublicensing: The User may not resell, sublicense, white-label, or redistribute the Services or Outputs as a standalone product or service to third parties without a separate written reseller agreement with the Company.

6.5 API Fair Use: Users accessing the Services via API are subject to rate limits as specified in their Service Agreement. The Company reserves the right to throttle, suspend, or terminate API access for usage that materially exceeds agreed limits or disrupts service availability for other users.

6.6 Consequences of Violation Violation of this Acceptable Use Policy may result in immediate suspension or termination of access without refund, legal action, and reporting to relevant authorities where required by law.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE MYANMAR LAW:

ALL SERVICES AND OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING: (i) IMPLIED WARRANTIES OF MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) NON-INFRINGEMENT; (iv) ACCURACY OR COMPLETENESS OF OUTPUTS; (v) UNINTERRUPTED OR ERROR-FREE OPERATION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or any other commercial loss[cite: 124].

8.2 Cap on Direct Liability: THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE USER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM[cite: 125].

8.3 AI Output Errors: THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM RELIANCE ON ANY OUTPUT, REGARDLESS OF WHETHER SUCH OUTPUT IS ERRONEOUS, INCOMPLETE, BIASED, OR MISLEADING[cite: 126].

8.4 Third-Party Systems: THE COMPANY SHALL NOT BE LIABLE FOR FAILURES CAUSED BY THIRD-PARTY SOFTWARE, INFRASTRUCTURE, APIs, OR DATA SOURCES[cite: 127].

8.5 Force Majeure: The Company shall not be liable for any failure to perform due to circumstances beyond its reasonable control, including natural disasters, government actions, cyberattacks, internet or power failures, or pandemics[cite: 128].

9. User Obligations

The User agrees to:

Use the Services only for lawful purposes and in compliance with all applicable Myanmar laws and regulations.
Maintain the confidentiality of access credentials and notify the Company immediately of any unauthorised access.
Independently verify all AI Outputs before relying upon them for any important decision.
Ensure that all data submitted to the Services complies with applicable data protection obligations and does not infringe third-party rights.
Comply with the Myanmar Electronic Transactions Law 2004 and all relevant cybersecurity regulations.

10. Intellectual Property

10.1 All intellectual property rights in the Services, underlying technology, models, software, and documentation remain exclusively with the Company or its licensors.

10.2 Subject to payment of fees and compliance with these Terms, the Company grants the User a non-exclusive, non-transferable, revocable licence to access and use the Services solely for the User's internal business purposes.

10.3 The User grants the Company a non-exclusive licence to process User-submitted data for the purpose of providing the Services. The Company shall not sell User data to third parties without express written consent.

11. Indemnification

The User agrees to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses arising from:

The User's use or misuse of the Services;
The User's violation of these Terms and Conditions;
The User's violation of any applicable law or regulation;
The User's reliance on any Output for professional, commercial, or critical decisions without independent verification;
Any claim that data submitted by the User infringes third-party rights or violates applicable data protection law.

12. Service Availability and Modifications

12.1 The Company shall use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted access. The Company shall not be liable for any downtime or service interruptions.

12.2 The Company reserves the right to modify, update, suspend, or discontinue any part of the Services at any time. The Company may update these Terms at any time. Continued use of the Services constitutes acceptance of revised Terms.

13. Payment and Fees

13.1 Fees are as set out in the applicable Service Agreement or pricing schedule. All fees are non-refundable unless otherwise agreed in writing.

13.2 The Company reserves the right to modify its fee structure upon thirty (30) days written notice. Late payments shall accrue interest at the maximum rate permitted by applicable Myanmar law.

14. Termination

14.1 Either party may terminate this Agreement upon thirty (30) days written notice.

14.2 The Company may terminate immediately without notice upon material breach, fraudulent conduct, or violation of applicable law.

14.3 Clauses relating to Limitation of Liability, Disclaimer of Warranties, AI-Specific Disclaimers, Data Privacy, Indemnification, Intellectual Property, and Governing Law shall survive termination.

15. Governing Law and Dispute Resolution

15.1 This Agreement shall be governed by the laws of the Republic of the Union of Myanmar.

15.2 Any dispute shall first be subject to good faith negotiation for thirty (30) days. If unresolved, disputes shall be submitted to arbitration under the Myanmar Arbitration Law 2016, seated in Yangon, Myanmar.

15.3 The User irrevocably submits to the exclusive jurisdiction of the courts of the Republic of the Union of Myanmar for matters not subject to arbitration.

16. Severability and Entire Agreement

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall continue in full force. These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties and supersede all prior negotiations and representations.

17. Contact Information

All notices and requests shall be submitted in writing to:

Email: legal@magga.ai

Data Privacy Requests: privacy@magga.ai

Republic of the Union of Myanmar