TERMS OF SERVICE

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity and you agree to comply with these Legal Terms.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Bank Transfer

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in Malaysian Ringgit (MYR). We may change prices at any time. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. The length of your billing cycle is monthly.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at dwautomate7@gmail.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other malicious material.
• Engage in any automated use of the system, such as scripts, data mining, robots, or similar tools.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• Attempt to extract source code or copy the Services' software.
• Use the Services as part of any effort to compete with us.

8. USER GENERATED CONTRIBUTIONS

The Services does not currently offer users the ability to submit or post public content. However, we may provide you with the opportunity to create, submit, or transmit content and materials to us or on the Services. When you create or make available any Contributions, you represent and warrant that your Contributions are accurate, lawful, non-defamatory, and do not violate any third party's rights or applicable law.

9. CONTRIBUTION LICENSE

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or content does not imply approval or endorsement thereof by us.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; and (4) otherwise manage the Services in a manner designed to protect our rights and property.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://callendar-zeta.vercel.app/privacy-policy. By using the Services, the User acknowledges that voice recordings are classified as sensitive personal data under Malaysian law and provides explicit consent for its processing via AI and agrees to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including breach of any representation, warranty, or covenant contained in these Legal Terms. We may terminate your account at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We shall have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

15. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Malaysia. Beacon Horizons Solutions and yourself irrevocably consent that the courts of Malaysia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

16. DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration. The seat of arbitration shall be Petaling Jaya, Malaysia. The language of the proceedings shall be English. The governing law shall be the substantive law of Malaysia.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.THE SERVICES UTILIZE GENERATIVE AI WHICH MAY OCCASIONALLY PRODUCE 'hallucinations' OR INACCURACIES. USERS ARE RESPONSIBLE FOR FINAL VERIFICATION OF ALL AI-GENERATED BOOKINGS.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; or (4) your violation of the rights of a third party, including intellectual property rights.

21. USER DATA & DATA PROTECTION

21.1 Data Roles: For the purposes of the Malaysian Personal Data Protection Act (PDPA), the User (Clinic) acts as the Data Controller, and the Company acts as the Data Processor. The User warrants it has a lawful basis (including explicit consent for Sensitive Personal Data such as voice biometrics) to process and transfer data to the Company. 21.2 Data Responsibility: While we perform routine backups, the User is solely responsible for the accuracy and legality of the data transmitted. The Company shall not be liable for any loss, corruption, or unauthorized access of data caused by the User’s failure to secure their account or obtain proper patient consent. 21.3 Voice Biometrics: The User acknowledges that the AI assistant ("Aya") processes voice data. Under the PDPA 2024/2026 guidelines, voice patterns are classified as Sensitive Personal Data. The User must ensure patients are notified of this processing at the start of every call.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

23. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information, please contact us at:

Beacon Horizons Solutions
Petaling Jaya, Selangor 46400
Malaysia
Phone: (+60)1114399466
Email: dwautomate7@gmail.com