Terms of Service

1. Scope and related documents

These Terms apply unless a written order form, subscription agreement or other agreement signed by an authorised MalaSoftware representative states otherwise. A signed agreement controls to the extent it conflicts with these Terms. Our Privacy Policy explains how personal data is handled.

2. Access to the Service

Subject to these Terms and any applicable order, we grant Customer a limited, non-exclusive, non-transferable and non-sublicensable right for its authorised users to access and use the Service for its internal business operations during the agreed subscription period. The Service may include software, documentation, integrations, support, updates and features made available by MalaSoftware from time to time.

3. Accounts and authorised users

Customer is responsible for its authorised users, their credentials and activity performed through their accounts. You must provide accurate account information, keep credentials confidential, use reasonable security measures and promptly notify us of suspected unauthorised access. Customer must ensure that its authorised users comply with these Terms and applicable law.

4. Customer Data

Customer retains its rights in the data, content and materials that it or its authorised users submit to the Service ("Customer Data"). Customer grants MalaSoftware the limited rights needed to host, process, transmit, display and otherwise use Customer Data solely to provide, secure, support and improve the Service in accordance with the applicable agreement and law. Customer is responsible for the accuracy, quality, legality and rights needed for its Customer Data, including any personal data entered into the Service.

5. Acceptable use

You must not, and must not permit any person to:

• use the Service unlawfully, fraudulently, deceptively or in a manner that infringes another person's rights;
• attempt to bypass access controls, probe vulnerabilities, introduce malware or interfere with the Service or other users;
• reverse engineer, decompile or create derivative works of the Service except where mandatory law permits it;
• resell, lease, distribute, provide service-bureau access to or otherwise make the Service available to unauthorised third parties;
• upload data or content without the rights, permissions and notices required to do so; or
• use the Service to develop or benchmark a competing product except with our prior written permission.

6. Trials, demonstrations and beta features

A trial, demonstration or beta feature is provided only when we expressly make it available. It may have limited functionality, usage limits, a stated end date or different support commitments. Unless a written agreement says otherwise, trial and beta access is provided on an "as available" basis and may be changed, suspended or ended at any time. A trial does not create a paid subscription unless Customer accepts the applicable paid order or subscription terms.

7. Fees, taxes and renewal

Fees, subscription period, usage limits, currency, invoicing, renewal and payment terms are those shown in the applicable order, checkout flow or written quote. Website pricing is informational unless it is expressly incorporated into an accepted order. Fees are payable in advance unless an order states otherwise. Customer is responsible for applicable taxes, duties and similar charges other than taxes based on MalaSoftware's net income. We may suspend paid access for undisputed overdue amounts after reasonable notice, subject to applicable law and the relevant agreement.

8. Support, availability and changes

Support channels and any service-level commitments are provided only as described in an applicable plan or written agreement. We may maintain, modify or update the Service to improve security, performance, usability or legal compliance. We will use reasonable efforts to avoid materially reducing the core subscribed functionality during an active paid term, except where a change is required for security, law or technical necessity.

9. Third-party services and integrations

The Service may allow Customer to connect third-party products or services. Those third parties are responsible for their own products, content, availability, terms and privacy practices. Customer chooses whether to enable an integration and is responsible for the permissions it grants. MalaSoftware is not responsible for a third-party service except to the extent expressly stated in a written agreement.

10. Intellectual property

MalaSoftware and its licensors retain all rights in the Service, website, software, documentation, branding and related materials, including all intellectual-property rights. Except for the limited access right stated in these Terms, no rights are granted to Customer. If you provide feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or compensation, provided we do not identify you as the source without permission.

11. Confidentiality

Each party may receive non-public information from the other. The receiving party will use that information only to perform or exercise rights under these Terms, protect it with reasonable care and disclose it only to personnel and advisers who need to know it and are bound by confidentiality duties. These duties do not apply to information that is public through no breach, already known without a duty, independently developed or lawfully received from another source. A party may disclose confidential information where law requires it, after giving notice where legally permitted.

12. Warranties and liability

The Service is provided with the commitments expressly stated in an applicable order or written agreement. To the maximum extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free operation, or that every feature will meet Customer's particular requirements. Neither party is liable for indirect, incidental, special, consequential or punitive loss, or for lost profits, revenue, data or business opportunity, to the extent permitted by law. Nothing in these Terms excludes liability that cannot legally be excluded or limited. Any additional liability cap or remedy must be set out in the applicable written order or service agreement.

13. Suspension, termination and data export

We may suspend access where reasonably necessary to protect the Service, investigate a breach, prevent harm or comply with law. Either party may terminate for a material breach that remains uncured after reasonable written notice, or as otherwise stated in an applicable order. On termination or expiry, Customer's right to use the Service ends. During the active term and any stated post-termination period, Customer may request export of its Customer Data using the available Service functionality or support channel. We may delete Customer Data after the applicable retention period, subject to legal or contractual requirements.

14. Governing law and disputes

These Terms are governed by the laws of Malaysia, without regard to conflict-of-law principles. The courts of Malaysia have exclusive jurisdiction over a dispute arising from these Terms, unless an applicable written order or mandatory law provides otherwise. Before starting formal proceedings, each party will use reasonable efforts to resolve the dispute through good-faith discussions.

15. General

You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition or sale of substantially all relevant assets. We may assign these Terms to an affiliate or successor. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remainder continues in effect. These Terms are the entire agreement on their subject matter unless replaced or supplemented by a written agreement. We may update these Terms for future use by posting an updated date; material changes to an active paid subscription will be handled in accordance with the applicable order or law.

16. Contact

Questions about these Terms can be sent to hello@malasoftware.com or mailed to MalaSoftware, Level 15, Menara Axiata, 9 Jalan Stesen Sentral 5, 50470 Kuala Lumpur, Malaysia.