Preamble

Filum AI Platform (hereinafter referred to as the "Platform" or "Filum") is an AI-powered Customer Experience Management (CXM) platform operated and developed by Filum Company Limited (hereinafter referred to as "Filum", "we", or the "Service Provider").

These Terms of Service (hereinafter referred to as the "Terms") set out the conditions for using the Platform and related services. By accessing, registering an account, or using the Platform in any form, the Customer (as defined in Section 1) is deemed to have read, understood, and agreed to all the contents of these Terms.

These Terms apply together with:

• The Privacy Policy and Personal Data Processing Policy;
• The Cookie Policy;
• Any service agreement separately signed between Filum and the Customer;
• The Data Processing Agreement (DPA) applicable to B2B Customers.

In the event of any inconsistency between these Terms and a separately signed service agreement, the service agreement shall prevail.

Filum reserves the right to update these Terms from time to time. Any substantial changes will be notified to the Customer before they take effect.

1. Definitions

In these Terms, the following terms shall have the following meanings:

2. Account and Customer's System

2.1. Account registration and security

In the process of registering to use the Platform, the Customer will create an admin account and password.

• The Customer is responsible for safeguarding their login credentials (username, password) and those of Users authorized by the Customer;
• The Customer is fully responsible for all activities that occur under their account;
• The Customer agrees to notify Filum immediately upon detecting any unauthorized access, password loss, or security vulnerability related to the account;
• The Customer agrees to log out after each session on public devices.

Filum is not liable for any loss or damage arising from the Customer's failure to comply with these security requirements or from unauthorized access to the Customer's account.

2.2. Authorization for Users

• Depending on the subscribed service package, the Customer may create and authorize a defined number of Users to participate in the System;
• By sending an invitation link to email addresses, the Customer agrees to grant usage rights to the individuals/organizations that own those emails;
• The number of User Accounts is one of the bases for calculating Platform usage fees as specified in the Contract.

2.3. Security recommendations

Filum recommends that the Customer activate and use the security features provided on the Platform, including:

• Multi-factor authentication (MFA / 2FA) for all Accounts, especially admin accounts;
• Single Sign-On (SSO) via SAML 2.0 or OAuth 2.0 if the Customer has a centralized identity management system;
• IP allowlist restrictions if necessary;
• Periodic User access reviews and revocation of access for individuals no longer requiring it.

3. Privacy and data protection

3.1. Security commitment

Filum commits to protect all information of the Customer and Customer Data exchanged or stored on the Platform. Details on data collection, use, and protection are set out in the Privacy Policy.

3.2. Filum's commitments regarding Customer Data

Filum commits to:

• Not actively modify Customer-generated data (except for the system automatically modifying size and format to suit display purposes and functions);
• Not access Customer Data except in the following cases: technical issue resolution at the Customer's request, AI feature operation according to configurations the Customer has agreed to, or compliance with legal requirements;
• Not disclose Customer Data to third parties, except:
  • With the Customer's consent;
  • To comply with legal requirements and requests from competent state authorities;
  • Through service providers (sub-processors) listed in the Privacy Policy and the Contract;
• Not use Customer Data to train AI models of Filum or any third party.

3.3. Filum's proactive access rights

Filum may access account information (User names, emails) automatically for the following legitimate purposes:

• Sending notifications about new features, new products, and important security updates;
• Notifying about system incidents, maintenance schedules, and changes to the Terms;
• Providing technical support or customer service;
• Detecting and addressing violations of these Terms.

3.4. Use of the Customer's name for marketing

Filum reserves the right to use the Customer's name and logo for marketing purposes (e.g., displaying the logo on Filum's customers page, mentioning in product brochures), provided that:

• The use is consistent with the Customer's professional image;
• The Customer has the right to request Filum to remove their name/logo by written request or email to [email protected]. Filum commits to complete the removal within 30 business days of receiving a valid request.

4. Customer Data and parties' responsibilities

4.1. Ownership of Customer Data

• The Customer owns all Customer Data created, uploaded, or stored on the Platform;
• Filum does not own any Customer Data, except for guides, templates, and public content actively provided by Filum;
• The Customer has the right to export Customer Data from the Platform through tools provided by Filum.

4.2. Customer's responsibilities regarding Data

The Customer commits to:

• Be responsible for the accuracy and legality of Customer Data uploaded to the Platform;
• Ensure they have a valid legal basis (Data Subject consent or other bases under the PDPL) for processing end-customer personal data through the Platform;
• Act as the Data Controller for end-customer personal data processed on the Platform, including: responding to Data Subject rights requests, notifying Data Subjects when necessary;
• Not upload or process the following types of data on the Platform:
  • Sensitive personal data without appropriate security configuration and explicit consent from the Data Subject;
  • Personal data of children under 16 years of age (the Platform is not designed for this purpose);
  • Data that infringes third-party copyrights or intellectual property rights;
  • Content that is illegal, fraudulent, defamatory, harassing, pornographic, discriminatory, or violates others' privacy;
  • Malware, viruses, or any malicious software.

4.3. Filum's rights when violations are detected

Filum has the right to:

• Disable access to data content that violates these Terms;
• Suspend the service if the Customer is found using the Platform for unlawful purposes;
• Require the Customer to remediate violations within a reasonable timeframe;
• Notify competent authorities if there are signs of serious legal violations;
• In all cases, Filum will notify the Customer before or simultaneously with implementing the above measures (except where notification is prohibited by law).

4.4. The Customer is legally responsible if they use the Platform contrary to legal regulations.

5. Use of Artificial Intelligence (AI) on the Platform

5.1. AI features of the Platform

The Filum Platform integrates Large Language Models (LLMs) and AI/ML algorithms to deliver core features, including but not limited to:

• Sentiment analysis;
• Conversation summarization;
• Automatic categorization;
• Behavior prediction;
• Response suggestion;
• Other AI features developed and added by Filum.

5.2. AI service providers

To deliver AI features, Filum uses third-party AI service providers (OpenAI, Anthropic, and other providers that may be updated over time). The complete list is published in Privacy Policy §4.1 and the Sub-processors page.

5.3. Filum's commitments regarding AI processing

• Data sent to AI: Only data necessary for inference purposes (processing on request) is sent to AI providers, based on the feature configuration activated by the Customer;
• No model training: Filum has activated the training opt-out configuration with all AI providers. Customer Data is not used to train Filum's or any third party's models;
• No permanent storage at AI providers: Data is processed only temporarily to return inference results, and is not permanently stored at OpenAI, Anthropic, or similar providers.

5.4. AI limitations and risks

The Customer understands and accepts that:

• Results from AI features are suggestive/supportive in nature, not final decisions;
• AI may produce errors, bias, or inaccurate content (hallucination). The Customer is responsible for reviewing and verifying AI results before using them for important business decisions;
• Filum is not liable for damages arising from the Customer's complete reliance on AI results without human review.

6. Service fees and payment

6.1. Service fees

• Platform usage fees are specified in the Contract or the pricing schedule published at https://filum.ai;
• Service fees may include setup fees, recurring subscription fees, usage-based fees, or a combination thereof;
• Filum reserves the right to adjust the pricing schedule. For Customers with existing contracts, price adjustments apply only to the next billing cycle and must be notified at least 30 days in advance.

6.2. Payment method

• Payment is made according to the method and cycle specified in the Contract;
• The Customer is responsible for paying all fees in full and on time.

6.3. Consequences of late payment

• After 30 days from the date of receiving a payment request notice, if the Customer has not fulfilled the obligation, Filum may suspend the service;
• After 60 days from the date of receiving a payment request notice, if the Customer still has not paid, Filum may terminate the Contract and delete Customer Data in accordance with Section 8.

7. Data backup and recovery

7.1. Backup mechanism

Filum performs automatic daily backups of Customer Data on secure cloud infrastructure. Backup data is encrypted and stored separately from the production system.

7.2. Data recovery upon incident

In the event Customer Data is lost due to Filum's fault, Filum is responsible for assisting the Customer in recovering data to the most recent point at which the backup system stored it.

• Recovery timeframe: Up to 02 (two) business days from when Filum receives written or email notification from the Customer's authorized representative;
• Free recovery support for cases due to Filum's fault;
• Chargeable for recovery requests due to the Customer's fault (e.g., accidental deletion), according to a separate pricing schedule.

8. Suspension and termination of service

8.1. Agreement term

• The agreement between Filum and the Customer begins on the date the Customer registers and agrees to the Terms, or the date of signing the Contract;
• The agreement terminates when:
  • The Contract expires and is not renewed;
  • Either party exercises the right to terminate under these Terms or the Contract;
  • For trial Customers: when the trial period expires and the Customer does not convert to a paid plan.

8.2. Filum may suspend the service in the following cases

• The Customer fails to fulfill payment obligations under Section 6.3;
• Filum has reasonable grounds to believe that the Customer's System is being used for illegal activities (cyberattacks, spam, fraud, violation of Section 4.2);
• At the request of competent state authorities;
• For system safety reasons or emergency maintenance (Filum will notify as soon as possible).

8.3. Filum may terminate the Contract

• The Customer seriously violates the Terms or the Contract and fails to remediate within the timeframe notified by Filum;
• The Customer fails to pay under Section 6.3 after 60 days;
• The Customer becomes bankrupt, dissolved, or loses legal capacity.

8.4. The Customer may terminate the Contract

• Under the conditions specified in the Contract;
• Filum seriously breaches its obligations and fails to remediate within a reasonable timeframe.

8.5. Handling Customer Data after termination

• Filum retains Customer Data for up to 90 (ninety) days from the date of Contract termination to allow the Customer time to export data;
• After 90 days, Filum permanently deletes Customer Data in accordance with the mechanism set out in Privacy Policy §7.2;
• The Customer has the right to request Filum to delete Customer Data immediately before the 90-day period by written request or email.

8.6. Refunds upon termination

Filum is not obligated to refund fees the Customer has paid for the remaining usage period, except where:

• Otherwise provided in the Contract;
• Termination is due to Filum's serious fault.

9. Intellectual property

9.1. Filum's rights

Filum (or its licensors) owns all intellectual property rights related to:

• The Platform, source code, interface, design, Filum's logo and brand;
• Guides, templates, and content actively provided by Filum;
• AI features and products developed by Filum.

The Customer is granted the right to use the Platform within the scope and term specified in the Contract. The Customer has no right to copy, modify, reverse engineer, or redistribute the Platform to third parties without Filum's written consent.

9.2. Customer's rights

The Customer owns all intellectual property rights to Customer Data. By uploading Customer Data to the Platform, the Customer grants Filum the right to use such data solely for the purpose of providing the Service under the Contract.

9.3. Feedback and suggestions

Any feedback, suggestions, or improvement ideas the Customer provides to Filum (feedback, suggestion) shall be deemed non-confidential. Filum has the right to use such feedback to improve the Service without obligation to pay or credit the author.

10. Warranties and limitation of liability

10.1. Disclaimer of warranties

The Platform is provided "as-is" and "as-available". To the extent permitted by law, Filum does not warrant, represent, or guarantee that:

• Use of the Platform will be uninterrupted or error-free;
• The Platform meets every specific requirement of the Customer;
• All software errors will be corrected;
• Results from AI features are absolutely accurate (see Section 5.4).

10.2. SLA commitments

Filum commits to maintain Platform uptime in accordance with the Service Level Agreement (SLA) specified in the Contract. In the event Filum fails to meet the committed SLA, the Customer is entitled to the benefits (credit, extension) under the Contract.

10.3. Limitation of liability

To the extent permitted by law, Filum is not liable for any direct, indirect, incidental, or punitive damages, including but not limited to:

• Loss of revenue, loss of profit, loss of business opportunity;
• Work stoppage, loss or damage of data (beyond the scope of Section 7.2);
• Damages arising from use of or inability to use the Platform;
• Statements or actions of any third party related to the Platform;
• Damages arising from the Customer's reliance on AI results without review (see Section 5.4).

10.4. Maximum liability cap

In all cases, Filum's total legal liability to the Customer (if any) in a specific matter shall not exceed the total service fees the Customer has paid to Filum during the 12 months prior to the event giving rise to the matter.

11. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Filum, its employees, representatives, and partners from all claims, damages, and costs (including reasonable attorney fees) arising from:

• The Customer's violation of these Terms or the Contract;
• The Customer's violation of law while using the Platform;
• Customer Data that infringes third-party rights (copyright, personal data, reputation, etc.);
• The Customer's lack of valid legal basis for processing end-customer personal data through the Platform.

12. Force majeure

12.1. Force majeure events

Force majeure events are objective events beyond the parties' control, including but not limited to:

• Natural disasters: earthquakes, storms, floods, tsunamis, landslides, fires;
• Epidemics, pandemics;
• War, armed conflict, terrorism;
• Decisions of competent state authorities;
• Internet or cloud computing infrastructure disruptions beyond Filum's control (e.g., widespread incidents at AWS, OpenAI, Anthropic);
• Other unforeseeable disasters or events.

12.2. Obligations during force majeure events

The party affected by a force majeure event has the obligation to:

• Take reasonable measures to minimize impact;
• Notify the other party in writing within 03 (three) days of the event arising, with evidence and an assessment of the expected impact duration;
• After the force majeure event ends, the parties shall jointly assess the impact and agree on continuing or terminating the Contract.

Failure to fulfill obligations due to force majeure events does not constitute grounds for the other party to terminate the Contract or claim damages.

13. Governing law and dispute resolution

13.1. Governing law

These Terms shall be construed, interpreted, and applied in accordance with the laws of the Socialist Republic of Vietnam.

13.2. Dispute resolution

Any dispute arising from or related to these Terms or use of the Platform shall first be resolved by the parties through negotiation and mediation in a cooperative spirit.

If the parties cannot reach an agreement within 60 days of the dispute arising, the dispute shall be resolved at a competent court in Ho Chi Minh City, Vietnam. The court's judgment shall be final and binding on the parties.

14. General provisions

14.1. Updates to the Terms

Filum reserves the right to update these Terms from time to time. For substantial changes:

• Filum will notify the Customer by email and post on the website at least 30 days before the effective date;
• The Customer's continued use of the Platform after the effective date constitutes acceptance of the updated Terms;
• If the Customer does not agree with the updated Terms, the Customer has the right to terminate use of the service and request a refund for the remaining usage period (if any).

14.2. Severability

If any provision of these Terms is declared invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.

14.3. Assignment

• The Customer may not assign rights and obligations under these Terms to third parties without Filum's written consent;
• Filum may assign rights and obligations to an affiliate, parent company, or successor entity in the event of corporate restructuring, provided the assignee complies with equivalent obligations.

14.4. Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Contract (if any), constitute the entire agreement between Filum and the Customer regarding the use of the Platform, and supersede all prior agreements on the same subject matter.

15. Contact Filum

If the Customer has any questions, requests, or complaints regarding these Terms, please contact: