Terms of Service

Last updated: 16 November 2024

Welcome to Infomina AI (the “Platform”), which is owned, operated and managed by Infomina Berhad (“Infomina”, “we”, “us” or “our”).

These Terms of Service apply to your use of Infomina AI and form a legally binding agreement between you and us. These Terms set forth the terms and conditions by which you may access and use the Platform and our related websites, services, and content (collectively, the “Services”). For purposes of these Terms, “you” and “your” mean you as the user of the Services.

By creating an Account or using the Services or accessing the Platform or by signifying your acceptance, you shall be deemed to have read these Terms of Service and agreed to be bound by them, including those additional terms and conditions and policies referenced herein. Your access to and use of our Services or Platform is also subject to our Privacy Policy, the terms of which can be found directly on the Platform. By using our Services, you consent to the terms of the Privacy Policy.

If you do not agree to the Terms of Service or any part thereof, please do not use the Platform and refrain from using any of the Services.

We may change and/or amend these Terms of Service at any time by notifying you of the change and/or amendment by posting a notice on the Platform or by email to the email address that you used to create your Account or any other way as we deem appropriate. Unless stated otherwise, any change and/or amendment takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms of Service. By continuing to access the Platform or use the Service from the date on which the amended, updated and/or revised Terms of Service come into effect, you agree to be bound by the latest version of the Terms of Service then in effect.

1. DEFINITIONS

In these Terms of Service, the following expressions shall have the following meanings, unless the context otherwise requires:

The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

2. DESCRIPTION OF SERVICE

You are solely responsible for all activity whilst using the Service and/or the Platform. Your use of the Service and/or Platform is subject to your agreement to be bound by and to comply with these Terms of Service.

You are responsible for ensuring that the information you provide is accurate, complete, true, correct and not misleading and is kept up to date.

You must provide and are responsible for all equipment necessary to access the Service.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable terms and conditions. You also understand and acknowledge that we may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you.

3. ACCOUNT CREATION AND MANAGEMENT

To access or use our Services, you must have a valid and active Account. When creating an Account, you have complete responsibility for your login credentials and must provide an accurate, current and complete information as required and you agree that we may rely on your information as accurate, current and complete. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

If you allow any other person to access the Platform using your Account, you shall be responsible and be liable for any transaction or action that such person may perform using your Account as if all such transactions or actions are or have been performed by you. If you know or suspect that any third-party knows your password or has accessed your Account, you must notify us immediately.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms of Service, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services, please contact us to delete your Account. We will provide you with further assistance and guide you through the process.

4. PROPRIETARY RIGHTS

The Platform, Content and Products are protected by copyright, trademark, intellectual property rights and/or other forms of proprietary rights. All rights, titles and interests in the Platform, Content and Products are owned by, licensed to or controlled by us and/or our Partner(s). Unless stated otherwise herein, no right or license is granted directly or indirectly to you or any party accessing the Platform to use or reproduce the Platform (or part thereof), any Content and Products, and you shall not and no party accessing the Platform shall claim any right, title or interest therein. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the your Account if you infringe or is alleged to infringe any of these proprietary rights.

By using or accessing the Service, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Platform, the Content and/or the Products. Nothing in these Terms of Service shall operate to assign or transfer the ownership to the Platform, any Content and Products to you.

5. USER CONDUCT AND RESTRICTION ON USE

Subject to your compliance with these Terms, you may access and use our Platform and Services. In using our Services, you must comply with all applicable laws, and any other documentation, guidelines, or policies we make available to you.

Except as otherwise provided, you agree not to copy, reproduce, upload, post, distribute, republish, transmit, publicly display, modify, adapt, rent, sell or create derivative works of any portion of the Service, the Platform, the Products or the Content, without our prior permission (or from our Partner(s), where applicable).

[You may access and view the Products that you have purchased and may retrieve and display such Products for your own reference, on a computer screen and/or print individual pages on paper and/or make a reasonable number of copies and/or store such Products in electronic form, provided that at no time you are authorised to resell the Products or share the Products with others.]

Without prejudice to the above, you agree not to reproduce, display, copy, distribute, publish, use or otherwise provide access to the Service, Products or Content on another website or server, including but not limited to, through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior permission (or from our Partner(s), where applicable).

You shall not and you shall not attempt to (or allow others to):

(a) reverse engineer, decompile or disassemble the Products or the Platform, or otherwise attempt to derive the source code, algorithms, trade secrets or know- how in or underlying components of the Products or Platform or any portion thereof;

(b) interfere with, modify, disrupt or disable features or functionality of the Platform;

(c) use or access the Services, Platform or Products to create or attempt to create a substitute or similar service or product to the Platform;

(d) interfere with or disrupt the integrity or performance of the Platform or any database to which the Platform is connected to or integrated with;

(e) automatically or programmatically extract data from the Products or the Platform;

(f) remove or alter any proprietary notices or marks on the Products;

(g) attempt to gain unauthorised access to the Platform or any database to which the Platform is connected to or integrated with;

(h) use the Platform, Services or the Products for or encourage or promote any illegal activity or violation of third-party rights;

(i) to use the Platform, Services or the Products to train a machine learning or artificial intelligence model without our express permission (or from our Partner(s), where applicable);

(j) use the Platform, Services or Products with the intent of introducing any viruses, worms, defects, Trojan horses, malware or any other items of a destructive nature; or

(k) modify, copy, sell, lease, or distribute any of our Services; or

(l) engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us—or any of our users, Partners, or any other third-party—to any liability, damages, or detriment of any type, including reputational harms.

In such cases, we reserve the right, at any time and without prior notice, to refuse service, terminate Accounts or disable or limit access to the Services in our sole discretion.

6. RESERVATION OF RIGHT

We reserve the right to update or modify the Platform (including any information or features) at any time, without notice or liability on our part. We further reserve all rights to deny or restrict access to the Platform to any particular person, or to block access from a particular internet address to the Platform, at any time, without giving any reasons whatsoever.

We may at any time suspend the operations of the Platform or all or any part of the Services for any period of time without any prior notice for updating, upgrading, system maintenance or otherwise.

7. WARRANTY AND LIABILITY

Each of the Parties warrant to the other that:

(a) It has the legal right and authority to enter into these Terms of Service and to perform its obligations under these Terms of Service; and

(b) It will comply with all applicable legal and regulatory requirements applying to the exercise of its rights and the fulfilment of its obligations under these Terms of Service.

You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials and/or the security credentials given by us to access the Platform. We are not liable or responsible to you and/or to any other third-party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service.

You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms of Service.

8. CHARGES AND PAYMENT TRANSACTIONS

Payment may be required in order to use or access any of the Services on the Platform. If you purchase access to our Services, you must provide complete and accurate billing information. You agree that we may charge your payment method for any applicable fees listed on our Services and any applicable tax. We may charge these fees and applicable taxes to your payment method on a monthly basis or in any interval as may be agreed with you.

You can either make payment for the charges corresponding to the Service or Product that you wish to obtain each time (pay-per-use model) or you can pay apply to pay for the Services on a monthly basis based on your consumption each month (postpaid model). Availability of the postpaid model to you is however subject to approval by us. We reserve the right to request for certain supporting documents from you to assess your eligibility and to eventually reject your application for postpaid model.

You are required to make payment for the charges corresponding to your payment model of choice as you use the Service.

All amounts stated in or in relation to the Service and these Terms of Service are, unless the context otherwise stated, subject to Sales and Service Tax (SST) and/or any other applicable taxes (as the case may be).

We may change our prices from time to time. If we increase our prices for the Services on the Platform, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. If you do not accept any such changes, we may discontinue your access to the Services or features.

We reserve the right to cancel or reject your transaction without refund or paying any compensation to you if any transaction details or communication you have provided is not current, incomplete, inaccurate or incorrect information submitted.

Due to the nature of the internet, payment transactions may be subject to interruption, transmission blackout, delayed transmission, and incorrect data transmission. We are not liable for malfunctions in communications facilities whether under its control or otherwise that may affect the accuracy or timeliness of messages and transactions you send.

9. REFUND

If you discover any error or discrepancy in your Account, you must notify us within seven (7) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your transaction. If it is revealed in the course of our investigation that the disputed transaction was indeed made in error, we will refund the disputed sum directly to your bank account.

10. THIRD-PARTY LINKS

Certain content, products and services made available via the Platform may include third-party materials and content. Third-party links on the Platform may direct you to third-party websites that may or may not be affiliated with us. The access of any third- party websites will be subject to the applicable terms and conditions that are not within our control and unconnected to us. We do not control or accept responsibility for any loss or damage that may arise from your use of any third-party content, services, and integrations, for which we make no representations or warranties.

Your use of any hyperlinks and access to such linked websites are entirely at your or any third-party’s own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party links or content. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will have not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties, whether or not accessible from the Platform.

11. SUSPENSION AND TERMINATION

You may stop accessing our Services at any time. Notwithstanding anything in these Terms of Service, we may immediately suspend and/or terminate your access to the Service pursuant to clause 5, and where applicable:

(a) If you default in any payment to the Service and/or any other monies covenanted to be paid hereunder or pursuant to any agreement with us pertaining to the use of the Platform, including but is not limited to any default interest payable thereto after the same shall have become due by you to us whether formally demanded or not;

(b) If you commit or threaten to commit a material breach of any term, stipulation, covenant or undertaking contained in these Terms of Service, and for the avoidance of doubt, repeated failure to observe any of the term, stipulation, covenant or undertaking contained in these Terms of Service shall be considered a “material breach”;

(c) If you commit a breach of and/or violate any applicable laws in connection with these Terms of Service;

(d) If there is any technical problem occurs in the Service or related network;

(e) While the Services are being upgraded, modified or maintained;

(f) If you do anything which may in our sole opinion, lead to, including but not limited to, the damage or injury to the Service or our related network or operation or our reputation and goodwill;

(g) If we are required to do so by law, statute, enactment, ordinance, code or by any other statutory, governmental or public authorities;

(h) If it is in our sole opinion that the Service is or may be used fraudulently, illegally or for unlawful purpose; or

(i) Any other reason that may be determined by us and published on these Terms of Service from time to time.

We will endeavour to resume the Service as soon as possible in the event the suspension occurs due to the circumstances as stated in (d) and (e) above.

Termination and/or suspension shall be without prejudice to any existing rights and/or claims that we may have against you, and you shall continue to fulfil your obligations including payment of all outstanding charges prior to the date of termination.

In the event of any suspension of the Service (other than due to the circumstances as stated in (d) and (e) above), we may at our absolute discretion reconnect the Service, and where the suspension is due to a default committed by you, reconnection will also be subject to you rectifying your default to our satisfaction.

12. EFFECTS OF TERMINATION

Upon the termination of these Terms of Service, all of the provisions of these Terms of Service shall cease to have effect, save and except the provisions that stated otherwise shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely). This provision is without prejudice to our rights and remedies under these Terms of Service or at law.

13. FORCE MAJEURE

For the purpose of this clause, “Force Majeure Event” means any physical event or circumstance beyond the control of a Party which prevents that Party from performing its obligations under these Terms of Service or uncontrollable events which make it impracticable or commercially unreasonable for the Party affected by such events to perform under the Terms of Service, which events shall include but is not limited to acts of God, pandemic, epidemic, acts of war, invasion, act of foreign enemy, action or intervention of authorities, damage caused by thunderstorm, flood, hurricane, typhoon, earthquake, tornado, cyclone, volcanic eruption or other natural disaster, disturbance in electric supply. For avoidance of doubt, a Force Majeure Event shall not include any event or circumstance which is caused by or the effect of an act or omission of a Party hereto.

Neither Party shall be liable to the other in respect of the performance of obligations under these Terms of Service upon occurrence of any Force Majeure Event. However, a Party whose performance of its obligation under these Terms of Service are affected by a Force Majeure Event must take reasonable steps to mitigate the effect of and to circumvent the Force Majeure Event.

14. LIMITATIONS AND EXCLUSIONS OF LIABILITY

To the maximum extent permitted by law, we will not be liable or responsible in any manner of whatsoever nature for any loss or damage (whether direct or indirect), costs, loss of revenue, loss of profits, or any consequential loss whatsoever suffered by you or any other person as a result of using or failure to use the Platform, Services, Content or any Products, including the damage or loss of data caused by virus or any other similar programmes.

To the maximum extent permitted by law, we will not be liable for, and you agree to fully indemnify us against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may be the result of, or which we may sustain in connection with, or arising from, the provision of the Services to you.

Notwithstanding anything to the contrary contained in these Terms of Service, our maximum liability shall not exceed in aggregate the sum of the total payment made by you in twelve (12) months prior to the claim arises.

15. INDEMNITIES

You agree to fully indemnify and hold us harmless, along with our Partners, officers, employees, directors, owners, agents, service providers, information providers, licensors, licensees, successors and assigns (collectively, the “Indemnitees”) from and against any claim, action, proceeding, demand, loss, damage, cost or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from:

(a) Your breach of these Terms of Service and any terms relating to your use of the Service;

(b) Your access or use of the Service;

(c) Any action taken by us either as part of our investigation of any suspected breach of these Terms of Service or as a result of our finding or decision that a breach of these Terms of Service has occurred; and

(d) Your breach and/or infringement of any rights of any other person.

You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. We reserve the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you. This clause shall survive the termination or expiration of these Terms of Service (howsoever caused).

16. CONFIDENTIALITY

For the purpose of this clause, “Confidential Information” means any information that is proprietary or is not generally known to the public belonging to the Parties which the other Party may have access to, or which may have come to the knowledge of the Parties and/or pursuant to these Terms of Service. Your Confidential Information shall not include information which:

(a) Is in the public domain at the time of disclosure or later enters the public domain through no fault of us;

(b) Is received by us from a third-party not associated and/or related to you;

(c) Is presently known to us;

(d) Is required to be disclosed by law, judicial or administrative process or by governmental authority;

(e) With your written consent including the personal data which are consented to by you pursuant to the clauses herein.

You covenant with us that you shall keep all of our Confidential Information in confidentiality and shall not divulge or disclose our Confidential Information for its or any third-party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination or expiry of these Terms of Service (howsoever caused).

17. SEVERANCE

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect. Failure by either Party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

18. GOVERNING LAW & JURISDICTION

These Terms of Service shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia in relation to any dispute as to the Terms of Service.

Any difference or dispute between the Parties concerning the interpretation and/or application of any of the provision of these Terms of Service shall first be attempted to be settled amicably through mutual consultation and/or negotiations between the parties without reference to any third-party before an action is taken at the courts of Malaysia. The requirement of this provision is considered to have been fulfilled upon the lapse of three (3) months (or any other mutually agreed extension thereof) (the “Dispute Settlement Period”) from the date a party notifies the other party in writing of any difference of dispute to be resolved and parties fail to reach a settlement of such dispute or difference within the Dispute Settlement Period.

19. PERSONAL DATA

By providing your personal data or obtaining the Service, you hereby acknowledge, agree and consent that we shall be entitled to collect, record, hold, store, use, disclose or otherwise process your personal information for purposes which are necessary or related to the provision of Services by us according to our Privacy Policy at www.infomina.ai/login If you are providing the personal data of a third-party (a “Third- Party Data Subject”), you hereby warrant that you have obtained the consent of the Third-Party Data Subject for the disclosure and processing of the personal data in accordance with the Privacy Policy.

You shall indemnify and keep us harmless against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of or in connection with any claim that the use or possession of the personal data supplied by you is in breach of any requirements under the applicable privacy or personal data protection laws.

20. DATA USAGE

Other than your personal data, we may also collect and process other information or data about you which are generated pursuant to or as a result of your usage of the Services and/or the Platform (“Activity Data”). You hereby agree that the Activity Data (excluding any personal data and personally identifiable information of yours) shall belong to us, and it shall have unfettered right to deal with the Activity Data.

21. DATA SECURITY

Where appropriate, we may use available technology to protect the security of the Platform and communications made through the Platform. However, we do not accept responsibility for the integrity of any transactions or communications made through the Platform.

22. SECURITY ASSURANCE

You shall be solely responsible for protecting the confidentiality and security of your login credentials for your Accounts and the Products. You should safeguard them by keeping them secure, secret and confidential. Do not share your login credentials and the Products or allow access or use of them by others, without your authorisation and consent.

If you think your login credentials have been compromised, you are responsible to inform us immediately for appropriate actions to be taken. You are also responsible for any and all actions and/or transactions made using your Account during such time, and we will not be made responsible in any way whatsoever unless the compromise is attributable to a misconduct or our gross negligence.

23. DISCLAIMER

The Products obtained from the Platform are generated based on the data provided by our Partners. We as the operator of the Platform and the provider of the Services have no control over the processing of the data. We disclaim any liability for any damage or loss that may be caused as a result of any error or omission in the data provided or reliance on the Products obtained from the Platform.

The Products are provided on an “as is” basis without warranties of any kind. We do not make any representations or warranties whatsoever. To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty, whether express, implied or statutory, to you or any third-party in relation to the use or access of the Platform and/or the Products, including but not limited to any warranty:

(a) as to the accuracy, correctness, completeness, reliability, currentness, timeliness, non-infringement, title, quality, merchantability or fitness for any particular purpose of the Services, Platform and Products;

(b) that the Products made available through the Platform, the Services, the Platform or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that the Platform, the Services and the server is and will be free of all viruses and/or other harmful elements.

You are required to make your own independent investigation and/or verification on the truthfulness, correctness and/or accuracy of the contents, information or data contained in the Products by checking with the relevant parties concerned.

To the fullest extent permitted by law, we shall also not be liable to you or any third-party for any damage or loss of any kind, howsoever caused as a result (direct or indirect) of

(i) the use of the Platform and the Services, including but not limited to any damage or loss suffered as a result of reliance on the Products made available on the Platform; (ii) any system, server or connection failure, malfunction, error, omission, delay in transmission or communication, interruption, internet access difficulties or computer virus; (iii) any breach of the security, authenticity, integrity or confidentiality of any transaction or communications made through the Platform or otherwise.

The Products and the Services do not constitute financial or other professional advice. If financial or other professional advice is required, services of a competent professional should be sought.

24. USE OF ARTIFICIAL INTELLIGENCE

We incorporate artificial intelligence on our Platform and some part of our Services may be delivered through the use of artificial intelligence. You agree and acknowledge that due to the nature of technology behind artificial intelligence, artificial intelligence can display the phenomenon of “hallucination”, which means that the artificial intelligence that we incorporate on our Platform may provide or display inaccurate information. When using the artificial intelligence on our Platform, you should always refer to the Product and/or information displayed on the Platform to verify the accuracy of the information presented by the artificial intelligence.

Any reliance on the information presented by artificial intelligence is entirely at your own risk. We hereby disclaim any and all liability that you may incur due to your reliance on the information presented by artificial intelligence.

25. ASSIGNMENT

You shall be prohibited from assigning, delegating, or otherwise transferring these Terms of Services, in whole or in part, unless with our prior written consent.

26. NOTICES

All communications, notices, statements and requests required under these Terms of Service shall be made in writing and sent to the following address:

(i) Infomina: Address:

B03-c-12-1, Menara 3A

No. 3, Jalan Bangsar , KL Eco City 59200 Kuala Lumpur

(ii) You: Address:

As provided to us during Account creation.