Terms of Use — EBOSSPro

1. This agreement#

These Terms of Use govern access to and use of the EBOSSPro platform, this website and any related applications and services (together, the "Service"), provided by Awfatech Global Sdn Bhd (201201044764 / 1029241-W) ("Awfatech", "we", "us").

By creating an account, subscribing to a plan, or using the Service, you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.

Where a signed subscription agreement, purchase order or enterprise contract exists between us and covers the same subject matter, that document prevails over these terms to the extent of any conflict.

2. Definitions#

Customer: The organisation that subscribes to the Service.
Authorised User: An individual the Customer permits to use the Service under its subscription — typically an employee, contractor or member.
Customer Data: All data, records, files and content the Customer or its Authorised Users submit to, or generate within, the Service.
Tenant: The Customer's isolated instance of the Service, holding its Customer Data.
Subscription: The plan, tier, term and user allowance the Customer has purchased.
Credits: Prepaid units consumed by metered features, such as AI credits and SMS credits.

3. Accounts and Authorised Users#

You must provide accurate registration information and keep it current.
Each Authorised User must have their own account. Login credentials must not be shared between people, and a single account must not be used by more than one individual.
You are responsible for keeping credentials confidential, for all activity under your accounts, and for promptly deactivating users who no longer need access.
Your subscription tier sets the number of Authorised Users. Exceeding it requires an upgrade.
Tell us immediately at the support address if you suspect unauthorised access.

4. Plans, credits and changes#

The Service is sold in tiers, from a free tier through to Enterprise, per suite. Each tier sets its own user count, storage allowance and included modules, as published on our pricing page at the time of purchase.

Metered features consume Credits. Each plan includes a monthly AI credit allowance; further credits can be purchased.
SMS credits are prepaid, priced at RM 1 for 10 SMS, and valid for 12 months from purchase. Unused SMS credits expire at the end of that period and are not refundable or transferable.
You may upgrade at any time; the change takes effect immediately and the difference is charged pro rata.
Downgrades take effect at the start of the next billing period. If your usage exceeds the lower tier's limits — users, storage or companies — you must reduce it before the downgrade applies.
We may change the composition of plans and their prices. Existing subscribers get at least 30 days' notice before a price change takes effect, and it applies from the next renewal.

5. Fees and payment#

Fees are quoted in Malaysian Ringgit (RM) and are exclusive of Sales and Service Tax and any other applicable tax, which is added where required.
Subscriptions are billed in advance, monthly or annually according to the term you choose. An annual term is charged as twelve times the monthly rate.
Subscriptions renew automatically for successive terms unless cancelled before the renewal date.
Fees paid are non-refundable except where Malaysian law requires otherwise, or where we have agreed otherwise in writing. Cancelling mid-term does not entitle you to a refund of the unused portion.
If an invoice is overdue we may suspend access after giving you notice and a reasonable opportunity to pay. Suspension does not relieve you of the obligation to pay.
You are responsible for any withholding tax or bank charge that reduces the amount we receive.

6. Free tier and trials#

A free tier is available with reduced limits, and we may offer trials of paid features. Free and trial access is provided as-is, without any availability or support commitment, and we may change or withdraw it at any time.

Free and trial accounts that stay inactive for an extended period may be suspended and their data deleted after we give you notice. Export anything you need to keep.

7. Acceptable use#

You must not, and must not permit anyone else to:

Use the Service unlawfully, or in breach of the Personal Data Protection Act 2010 or any other applicable law
Upload malware, or anything designed to interfere with the Service or any other system
Attempt to gain unauthorised access to the Service, another tenant's data, or our infrastructure
Probe, scan or test the vulnerability of the Service without our prior written consent
Reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent that restriction is unenforceable by law
Resell, sublicense, rent or provide the Service to a third party as a service bureau, unless we have agreed in writing
Copy, frame or mirror any part of the Service, or use it to build a competing product
Send unsolicited bulk messages through the Service, or use SMS or email features in breach of anti-spam or telecommunications rules
Upload content that infringes intellectual property, is defamatory, obscene or unlawful
Place unreasonable load on the Service, or circumvent any usage limit, quota or technical restriction

We may suspend access without prior notice where use of the Service threatens the security, integrity or availability of the platform or another customer, and we will tell you as soon as we reasonably can.

8. Customer Data and your responsibilities#

Customer Data belongs to you. We claim no ownership of it. You grant us a limited licence to host, store, transmit, back up and display it, and to otherwise process it, solely to provide and support the Service.

You are responsible for:

The accuracy, quality and legality of Customer Data, and for having the right to submit it to the Service
Giving the required notice to, and obtaining the required consent from, the individuals whose personal data you enter — this includes the explicit consent the PDPA requires before you enable face recognition or GPS-verified attendance for your staff
Configuring roles, permissions and access within your tenant, and reviewing them
Determining whether the Service meets your own regulatory, statutory or audit obligations
Maintaining your own copies of anything critical — export functions are provided for this purpose

How we handle personal data is set out in the Privacy Policy, which forms part of this agreement.

9. Intellectual property#

The Service, including its software, design, interfaces, documentation and the AWFATECH and EBOSSPro marks, is owned by Awfatech and its licensors and is protected by Malaysian and international intellectual property law. The AWFATECH trademark is registered with the Intellectual Property Corporation of Malaysia (MyIPO) in class 42.

You receive a non-exclusive, non-transferable right to access and use the Service during your subscription term, for your own internal business purposes, subject to these terms. No other rights are granted.

If you send us feedback or suggestions, we may use them to improve the Service without obligation or payment to you. Feedback should not contain anything you consider confidential.

10. AI features#

Some features generate output using AI — candidate fit scores, drafted content, summaries and recommendations among them. These are decision aids, not decisions.

AI output can be incomplete, out of date or wrong. Review it before acting on it.
You remain responsible for decisions you make with it, including hiring, disciplinary, payroll and financial decisions. Do not treat a fit score as a hiring decision.
AI features consume Credits, and are subject to the allowance and top-up terms in section 4.
We do not use one customer's Customer Data to train models serving other customers.
Availability of specific AI features may change as the underlying technology changes.

11. Third-party services#

The Service integrates with third-party services — payment gateways, banking channels, SMS and email delivery, and cloud infrastructure. Those services operate under their own terms, and we are not responsible for their acts, omissions or availability. Where an integration depends on credentials you supply, keeping those credentials valid and secure is your responsibility.

12. Availability, maintenance and support#

We aim to keep the Service available continuously, and our infrastructure is monitored 24/7, but we do not warrant uninterrupted or error-free operation unless a separate service level agreement says so.
We carry out scheduled maintenance, and will give advance notice of work likely to cause a noticeable interruption. Emergency maintenance may happen without notice.
Support is provided through the support centre in accordance with your plan. Enterprise plans may include an SLA agreed separately.
We may modify, add or remove features. We will not materially reduce the core functionality of a paid plan during a term without notice.

13. Confidentiality#

Each party may receive information the other treats as confidential. Neither will disclose the other's confidential information except to personnel and advisers who need it and are bound by equivalent obligations, or where disclosure is required by law. This does not apply to information that is public, independently developed, or lawfully received from a third party. These obligations continue for three years after the agreement ends, and indefinitely for Customer Data.

14. Term, suspension and termination#

This agreement runs for as long as you have an active subscription or account.
You may cancel at any time, effective at the end of the current billing period, through the console or by contacting us.
We may suspend or terminate for material breach if you do not remedy it within 14 days of written notice, and immediately where the breach is a security threat, unlawful use, or non-payment after notice.
Either party may terminate immediately if the other becomes insolvent, is wound up, or has a receiver appointed.
On termination your right to use the Service ends, and outstanding fees become payable.
You may export your Customer Data before termination, and for 90 days afterwards on request. After that period we delete it from live systems, with encrypted backups rotating out within a further 90 days, subject to the retention obligations in the Privacy Policy.

15. Warranties and disclaimers#

We warrant that we will provide the Service with reasonable skill and care, and that we hold the certifications we state on this site.

Beyond that, and to the fullest extent permitted by law, the Service is provided "as is" and "as available", and we exclude all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet every requirement you have, that it will be uninterrupted or error-free, or that all defects will be corrected.

16. Limitation of liability#

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated saving, whether or not it was foreseeable.

Each party's total aggregate liability arising out of or relating to this agreement is limited to the total fees paid by you to us in the twelve months immediately before the event giving rise to the claim. Where no fees have been paid, including on the free tier, that liability is limited to RM 500.

Nothing in this agreement limits liability that cannot be limited by Malaysian law, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence.

17. Indemnity#

You will indemnify us against claims, losses and reasonable costs arising from Customer Data you submit, from your use of the Service in breach of these terms or of applicable law, or from a failure to obtain a consent you were responsible for obtaining — including consent for biometric or location processing.

We will indemnify you against a third-party claim that your permitted use of the Service infringes that party's intellectual property rights, provided you notify us promptly, let us control the defence, and cooperate with us.

18. Force majeure#

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, fire, flood, war, civil unrest, epidemic, industrial action, failure of a utility or telecommunications provider, or an act of government. Obligations to pay amounts already due are not excused.

19. Changes to these terms#

We may update these terms. For a material change we will give at least 30 days' notice, by email to account administrators or by notice in the console. Continuing to use the Service after a change takes effect means you accept the updated terms. If you do not accept them, you may cancel before they take effect.

20. General#

Governing law: These terms are governed by the laws of Malaysia, and the courts of Malaysia have exclusive jurisdiction over any dispute.
Disputes: Before starting proceedings, each party will attempt in good faith to resolve the dispute through discussion between senior representatives.
Assignment: You may not assign this agreement without our written consent. We may assign it to an affiliate or in connection with a merger or sale of assets.
Entire agreement: These terms and the Privacy Policy are the entire agreement between us on this subject, and supersede earlier discussions, subject to section 1.
Severability: If a provision is unenforceable, it is modified to the minimum extent necessary, or severed, and the rest remains in force.
No waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.
Notices: Notices to us go to info@awfatech.com or to our registered address. Notices to you go to the email addresses registered for your account administrators.

21. Contact#

Questions about these terms: info@awfatech.com · 03-8023 4361 · Awfatech Global Sdn Bhd, No. 5-1, Jalan USJ 1/1A, Regalia Business Centre, 47600 Subang Jaya, Selangor, Malaysia.

For technical help, use the support centre. To manage your subscription, sign in to the console.