Terms and Conditions
1. The Agreement
1.1. These terms and conditions (the “Agreement”) constitute a legally binding agreement between CashAI and the User (each as defined below). By clicking “Accept” this Agreement, you confirm that you have read, acknowledged, and agreed to be bound by this Agreement and agree to use the CashAI’s web application, applications, and websites, including other electronic services that CashAI will provide to you in the future as approved by the CashAI and in accordance with the service details specified by CashAI.
1.2. A User may not create a user account without accepting and agreeing to be bound by this Agreement.
1.3. For Users located in Thailand, CashAI provides services through a duly licensed Thai entity or authorized partner holding a valid Pico Finance license under Thai law. References to “Applicable Laws” include Thai laws and regulations governing Pico finance, consumer protection, personal data protection, electronic transactions, debt collection, payment systems, and any relevant ministerial notifications and announcements.
2. Acceptance of Terms
2.1. All use of CashAI services and products, and the terms of access and usage of any CashAI App are subject to the terms and conditions set forth below. Access to or use of any CashAI services or products via CashAI App constitutes the User’s acceptance of, and agreement to abide and be bound by, this Agreement (whether or not expressly accepted). The User, by creating a user account, signing up for any services or otherwise using or availing any services or products on any CashAI App, shall be deemed to have read, understood and agreed to be bound by this Agreement.
2.2. CashAI may amend this Agreement at any time with prior notice by posting the amended terms and conditions on its website or by updating the terms of its mobile application. Such revised or updated terms and conditions shall become effective at the time they are notified or uploaded on the CashAI App, provided that failure to make or receive such notification shall not invalidate any such changes. Any update or modification in the terms and conditions will be priorly and directly notify to the user through SMS/Email/In-app notification.
2.3. The User shall be required to provide its consent for such revised or updated terms and conditions in order to continue to avail any services or products from CashAI.
2.4. If the User does not accept or agree to be bound by this Agreement, CashAI shall be entitled to: (i) terminate this Agreement in accordance with the formalities under the Applicable Laws, (ii) discontinue or suspend providing you any Services, (iii) deny you access to the CashAI app; and/or (iv) exercise any other remedy it may deem appropriate. Such termination of this Agreement, discontinuation or suspension of any services or denial of access shall be without prejudice to all rights, titles and interests of CashAI which have arisen or accrued against you prior to such action.
3. Definitions
In this Agreement, the following capitalized terms shall have the meanings given to them as under (unless the context otherwise requires):
“Applicable Laws” means all statutes, ordinances, regulations, rules or orders of any kind whatsoever of any governmental or regulatory authority that may be in effect from time to time and applicable to the relevant activities contemplated by this Agreement, including without limitation Thai laws and regulations relating to pico-finance, consumer protection, unfair contract terms, the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”), the Debt Collection Act B.E. 2558 (2015), the Electronic Transactions Act B.E. 2544 (2001), the Computer Crime Act B.E. 2550 (2007) (as amended), and any relevant payment systems laws.
“Due Date” means the date on which any amounts, including any loan, markup charges or other charges, costs, fees and expenses, become due and payable by the User to CashAI.
“Finance” or “Financing” means any form of finance permitted to be provided by CashAI in accordance with the terms of its license and the terms of any Applicable Laws, which may from time to time be made available by CashAI via a CashAI App on such terms and in such amounts as shall be determined by CashAI in its absolute discretion after a User makes a formal application.
“CashAI” is the business or trade name used by “[—]”, a private limited company incorporated in Thailand which is authorized and licensed to operate pico finance business under the License to Operate Provincial Retail Loan Under Supervision No. [—].
“CashAI App” means the website, web portal, mobile application or any other user interface through which CashAI may offer Financing or Services to Users.
“Intellectual Property” means patents (including reissues, divisions, continuations and extensions thereof), utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, goodwill, trade secrets or information (including technical or confidential information), in any form, and applications thereof, and shall include without limitation, any inventions, discoveries, formulas, know-how, processes, business methods, patents (including reissues, divisions, continuations and extensions thereof), utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered service marks, trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, source codes, software code (regardless of its form), user documentation, technical documentation, data, carriers of data and/or software, plans, goodwill, trade secrets or information (including technical or confidential information), in any form, improvements and/or applications, and deprecated or future versions thereof.
“Operative Account” means the account maintained by the User with CashAI for the purposes of availing any Financing or Services.
“Services” means the financial service in the form of personal loan under pico finance to be provided by CashAI.
“User” means any person who has registered and maintains an active user account via any CashAI App (also referred to as “customer” or “you”).
“CashAI” and the “User” shall together be referred to as the "Parties" and where the context requires individually as a "Party".
4. User License and Intellectual Property Rights
4.1. Subject to your compliance with this Agreement, CashAI grants the User a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the CashAI App on its personal device solely in connection with requesting or availing any Financing or Services; and (ii) access and use any content, information and related materials that may be made available through the CashAI App, in each case solely for the User’s personal and non-commercial use.
4.2. Any rights not expressly granted herein are reserved by CashAI and CashAI’s licensors.
4.3. The User hereby confirms, agrees and acknowledges that all Intellectual Property rights in the CashAI App, including know-how, software, source-code, information technology tools, artificial intelligence, and other technology used by CashAI have been developed exclusively for CashAI, its parent or affiliated companies or licensors. All rights in such CashAI App are expressly reserved.
4.4. The User hereby unconditionally and without reservation confirms that all rights, interests, titles and benefits in and to any Intellectual Property which is developed by or for CashAI relating to the CashAI App, is the sole and exclusive property of the CashAI, its affiliates, parents or licensors, who are and shall remain, the sole legal and beneficial owner of such Intellectual Property. The User shall have no rights to such Intellectual Property other than as a licensee with limited rights of use in accordance with this Agreement.
4.5. The User may not access, copy, reverse engineer, modify or otherwise seek to replicate or utilize any CashAI App for any purpose other than to avail any Financing or other Services in accordance with this Agreement. A User may not access any CashAI software in source-code form.
5. User Information
5.1. In order to avail any Finance or Services, or otherwise use any aspect of the CashAI App, the User must be at least twenty (20) years old.
5.2. The User agrees to provide, and to maintain at all times, accurate, complete, and up-to-date information when creating a User account and to ensure that the User’s account remains active. A User’s failure to maintain accurate, complete, and up-to-date User information may result in such User’s account being disabled, suspended or terminated without prior notice. CashAI shall be entitled to immediately terminate this Agreement with a User if it considers the User’s account information to be incorrect, incomplete or outdated.
5.3. The User agrees that it shall at all times be responsible to maintain the security and secrecy of the User’s account username and password. The User agrees and understands that it is responsible for all activity that occurs under the User’s account, even as a result of loss, damage or theft of the device through which the User accesses the CashAI App.
5.4. The User agrees and consents that CashAI may disclose details relating to the Finance or any other Services availed by the User to any of its affiliates, business partners, employees, shareholders, agents, consultants, to any third party (including credit bureaus), regulatory or governmental authorities, if in CashAI's opinion such disclosure is necessary for the purpose of evaluating any application made to CashAI or such third Party or maintaining the Operative Account with CashAI or in good faith belief that such disclosure is reasonably necessary to enforce this Agreement and/or Privacy Policy, to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud, or for any other purpose as CashAI may deem appropriate, provided always that disclosure is for legitimate purposes or enforcing this Agreement and fully complies with the Applicable Laws.
5.5. Personal data will be collected, used and disclosed in accordance with CashAI’s Privacy Policy and the Personal Data Protection Act B.E. 2562 (2019). The User provides explicit consent to: (i) collection of identity information, financial information, behavioral and device data for credit assessment; (ii) disclosure to licensed credit bureaus, insurance companies, mobile financial service providers/banks, payment service providers, debt collection service providers operating in compliance with the Debt Collection Act; and (iii) cross-border transfers where necessary, subject to appropriate safeguards and in compliance with Applicable Laws. The User may exercise data subject rights under Thai PDPA as set out in the separate privacy policy made available to you.
5.6. CashAI will retain personal data only for as long as necessary to fulfill the purposes described in this Agreement and the Privacy Policy, or as required under Applicable Laws, and will implement appropriate security measures to protect personal data.
6. User Requests or Applications
6.1. CashAI may refuse an application submitted by a User requesting the provision of any Finance (including any roll-over of existing Finances availed by a User) or other Services without assigning any reason subject to Applicable Laws. Nothing herein shall entitle or be deemed to grant the User any right, title or interest in or to any Financing Services.
6.2. CashAI makes no representation and provides no warranty to any User with respect to the continued availability of any Finance or Services provided by CashAI. All representations, warranties and other obligations and liabilities, whether express of implied, and whether arising under law, equity, or any other legal doctrine, in connection with the provision of any Finance or Services under this Agreement are hereby excluded to the fullest extent permitted by Applicable Law.
7. User Undertakings
7.1. The User represents, warrants, undertakes and covenants with CashAI that it shall repay on time, on or no later than the Due Date, all amounts due and payable by such User to CashAI in connection with any Finance or Services provided by CashAI, or the use of the CashAI App from time to time.
7.2. With respect to a User’s use of the CashAI App and availing any Financing or Services, the User agrees and undertakes that it will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service) or engage in any other activity which may constitute a crime under the Computer Crime Act B.E. 2550 (2007) and other Applicable Laws; (iii) violate any law, statute, rule, permit, ordinance or regulation in Thailand; (iv) interfere with or disrupt the Services or the CashAI App or the servers or networks connected to the CashAI App; (v) post information or interact on the CashAI App or with respect to any Financing or Services offered by CashAI in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, harassing, or illegal; (vi) use the CashAI App for any illegal activity, including money laundering, terrorist financing or any other criminal or immoral activity; (vii) undertake any act which in any way that infringes any of CashAI’s rights, including but not limited to: Intellectual Property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the CashAI App; (x) “frame” or “mirror” any part of the CashAI App, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the CashAI App or any software used on or for the CashAI App; (xii) rent, lease, lend, sell, redistribute, license or sublicense the CashAI App or access to any portion of the CashAI App; (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the CashAI or its contents; (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your user account, password and/or identification to any other party; (xvi) cause any third party to engage in the restricted activities above.
7.3. The User agrees to use CashAI’s services on its own behalf and may not authorize, consent to, or allow any other person to use CashAI’s Services on its behalf, whether or not such use is through its computer, mobile phone, electronic device, or other service receiving device.
In the event that the User violates this prohibition, the User agrees to be bound by and responsible for the use and actions of such other person as if they were its own use and actions, including liability for any damages (whether direct or indirect) arising from such use.
8. Finance and Service Charges
8.1. The User agrees to pay any and all amounts, including principal amount, fees, costs, interest, default interest, charges, expenses, penalties charged by CashAI in consideration for providing any Finance or other Services.
8.2. The charges payable by a specific User for availing any Financing or Services shall be intimated to the User via the CashAI App at the time any Financing or Services are offered to or availed by a User.
8.3. The charges payable to CashAI shall be intimated to the User via display on the screen of the CashAI App after the User selects the type of Finance requested. Such charges shall be determined by CashAI on the basis of individual risk profile, credit bureau scores, tenor and the amount of the Finance requested, against an application by a User requesting provision of Finance or Services.
8.4. All payments to be made by the User to CashAI under this Agreement shall be made in full without any set-off or counter claim, free and clear of and without any deduction or withholding whatsoever. If a User is at any time required under Applicable Laws to make any deduction or withholding from any payment to CashAI, such User shall immediately pay CashAI such additional amounts as will result in CashAI receiving the full amount it would have received had no such deduction or withholding been required.
8.5. Loan amount disbursed by CashAI will be made in full without any deduction or upfront charges.
9. Tax
9.1. Unless otherwise required by Applicable Laws, all payments made by the User in connection with any Finance or Services shall be exclusive of any applicable taxes, duties, or governmental charges. If any taxes are levied under Thai law in connection with repayment of any Finance or provision of any Services, the User shall be responsible for paying an additional amount so that CashAI receives the full amount it would have received in the absence of such taxes. CashAI shall have the right to remit such taxes to the relevant Thai tax authorities.
9.2. The User hereby undertakes and agrees that CashAI may at any time freeze, block, or restrict access to any amounts held in a User’s Operative Account on the instructions of any tax or other governmental or regulatory authority, or in the event CashAI has reasonable grounds to believe that it must block or freeze such funds to comply with Applicable Laws, or if CashAI considers that failure to block such amounts in a User’s Operative Account will result in CashAI incurring any potential legal liability.
10. Payment Default or Breach
10.1. In the event of a (i) payment default by the User; or (ii) other material breach by the User of any of this Agreement, and where the User fails to comply or procure compliance with the terms of a notice served by CashAI on the User providing a reasonable cure period required under Applicable Laws, CashAI may immediately cancel the entire amount of any and all Finances made available to such User, and require the immediate repayment in full of the outstanding balance on the Operative Account; whereupon all monies, principal amounts, markup charges, fees, expenses, costs, accrued against the User shall become immediately due and payable.
10.2. The User shall also be liable to pay (where applicable) all reasonable costs, charges, attorney’s fees and expenses incurred by CashAI in enforcing its legal rights and the terms and conditions of this Agreement, subject to the Debt Collection Act and Applicable Laws.
10.3. Without prejudice to the aforesaid, failure by the User to comply with this Agreement shall entitle CashAI to take any one of more of the following actions:
a. immediate, temporary or permanent withdrawal, suspension or termination of the User’s right to use the CashAI App;
b. institution of legal proceedings against the User, including proceedings for recovery and reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
c. disclosure of such information to law enforcement authorities as CashAI considers necessary for the protection and enforcement of its legal rights, subject to Applicable Laws.
10.4. Upon the occurrence and during the continuance of any default by the User, and to the fullest extent permitted by law, CashAI is hereby authorised by the User to initiate debit transactions only from a bank account or e‑money account expressly designated by the User for this purpose under a separate direct debit/e‑mandate executed with the relevant payment service provider or bank. Any such debit will comply with Applicable Laws, payment system rules, PDPA requirements and the Debt Collection Act. CashAI will not initiate any debit without a valid, current mandate that identifies the designated account, maximum amount and frequency. The User may revoke or amend the mandate at any time via the CashAI App or with the payment service provider; revocation will not affect obligations already due. CashAI will provide prior notice of each debit (or immediate post‑debit confirmation where permitted) and will limit any re‑presentments or retries in accordance with Applicable Laws and fair debt collection practices.
11. Indemnity and Recovery of Costs
11.1. The User undertakes to indemnify and hold CashAI, its affiliates, partners, directors, employees and agents harmless against all times against any and all actions, claims, demands, liabilities, losses, damages, costs, charges and expenses of whatever nature inclusive of any legal costs and disbursements arising out of or in connection with the User’s breach of this Agreement, fraud or misuse of the CashAI App, and CashAI obtaining payment of any monies due and owing from the User.
11.2. The indemnity herein shall remain valid, subsisting and binding upon the User notwithstanding termination of this Agreement, until all amounts due have been paid in full, subject to Applicable Laws.
12. Operative Account and Statements
12.1. Each User shall be granted an Operative Account wherein all transactions relating to the User, including the provision of Finance or any other Services availed by the User shall be maintained.
12.2. CashAI shall maintain an account statement and an activity report for a User’s Operative Account, which statement and report will be accessible from the User’s CashAI App Account. The statement of account shall contain details of transactions carried out in a User’s Operative Account.
12.3. Users are responsible for checking their Operative Account statements from time to time and to notify CashAI immediately in case any transaction or other entry therein is incorrectly entered or any transaction has been carried out contrary to the User’s instructions.
12.4. CashAI is hereby expressly authorized to correct any errors, omissions or other discrepancies in a User’s Operative Account statement from time to time. A User will be notified of in case any corrections or rectifications are made by CashAI to its Operative Account statement as soon as reasonably practical.
12.5. Users will be notified periodically (based on preference chosen by Users) of all transactions made in their Operative Accounts in accordance with the notification provisions set out in this Agreement, and the User shall be responsible for payment of all charges in connection with such value-added Services.
12.6. Save for a manifest error, an Operative Account statement maintained and issued by CashAI shall be conclusive evidence of all transactions carried out a User through its Operative Account.
13. Limitation of Liability
13.1. In no event shall CashAI and/or any of its agents, employees, officers, parent company, affiliates, subsidiaries, successors, assigns, directors, and/or attorneys be liable to the User for lost profits and/or punitive or exemplary incidental consequential, special and/or damages in any action arising out of, or related to this Agreement, except to the extent that such losses are directly caused by CashAI’s gross negligence or willful misconduct.
13.2. Without limiting the foregoing, neither CashAI nor any of its affiliates makes any representation or warranty of any kind, express or implied: (i) as to the continued operation or availability of the Finance or Service, or the information, content, and materials or products included thereon; (ii) that the CashAI App, or any Financing or Services offered thereunder, will be available uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through CashAI App; or (iv) that the CashAI App, its servers, the content, or e-mails sent from or on behalf of CashAI shall be free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
14. Termination
14.1. CashAI may at any time, with notice as required under the Applicable Laws, terminate this Agreement, cancel or suspend any User’s right to utilize CashAI App, or to continue to avail any Financing or Services, entirely or partly with or without affecting the User's obligations under this Agreement.
14.2. The User may terminate this Agreement at any time by deleting its User account and removing the CashAI App from its devices, subject to the repayment obligation under the Finances.
14.3. Any termination of this Agreement shall be without prejudice to any liabilities or obligations incurred by the User prior to the date of termination. Termination by either the User or CashAI shall not affect the User's obligations to meet any liabilities incurred prior to such termination.
14.4. No termination of this Agreement by the User shall be effective unless the User has repaid the full amount of any Finance, and any other charges, costs, fees, or other amounts due and payable to CashAI at the time of termination, and termination of this Agreement by shall only be effective upon the discharge of all the outstanding liabilities under this Agreement from the User to CashAI. This condition will continue until the User has repaid all amounts outstanding at the time of termination.
15. Governing Law and Dispute Resolution
15.1. This Agreement shall be governed by and construed in all respects under the laws of Thailand.
15.2. Any dispute, controversy, disagreement, difference or question whatsoever which may arise between the Parties including the interpretation of right and liabilities of either Party the same shall be shall be submitted to the courts of Thailand, which shall have exclusive jurisdiction.
15.3. In case of any dispute, the User must first submit any such complaints directly to the customer services desk, whose details are available on the CashAI website or the CashAI App.
15.4. Neither Party shall be entitled to commence or maintain an action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as herein before provided and then only for the enforcement of the arbitration award or such matter as is permitted by law.
16. General
16.1. The User may not assign or otherwise dispose of any of the User's rights and obligations, in whole or in part, under this Agreement without CashAI’s prior approval. CashAI may transfer or assign its rights and obligations under this Agreement and such transfer or assignment shall be effective upon notification of the same to the User.
16.2. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement and shall be deleted, while the remainder of this Agreement’s legality, validity and enforceability of the other provisions shall remain in full force and effect according to its terms.
16.3. CashAI’s electronic services may connect to or lead to the electronic services of other parties for the User’s convenience. However, the User’s access to the electronic services of other parties through CashAI’s electronic services is the User’s own decision, and CashAI assumes that the User accepts any risks that may arise from the connection to and from the electronic services of such other parties. CashAI does not endorse and is not responsible for any information presented and the safety of the use of the electronic services of such other parties.
In addition, CashAI makes no representations or warranties regarding any products, services, and information offered on third-party electronic services connected to CashAI’s electronic services, including any breach of contract by such electronic service providers. In the event that the User enters into any contract with such electronic service providers, the User must exercise its right to make a claim directly against such electronic service providers, and CashAI is not involved in any way whatsoever.
17. Notices and Change of Address
17.1. All notices to the User made under this Agreement shall be sent by short message system (SMS) to the mobile telephone number provided by the User, by prepaid post to the last known postal address of the User, by email to the email address provided by the User, or through the CashAI App, each of which will discharge CashAI of its notification obligations hereunder. In addition, any change to this Agreement shall be deemed to have been notified to the User upon being updated on the CashAI App or website.
17.2. The User shall regularly update their address in the profile page of the CashAI App.