Welcome to Niuma Technologies Sdn. Bhd. (“we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of our website, digital solutions, software development services, cloud computing services, cybersecurity protection, digital marketing services, streaming media platforms, and any other services provided by us (collectively, the “Services”). By accessing or using our Services, you (“you”, “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other applicable policies or guidelines. If you do not agree to these Terms, you must not access or use our Services.
1. Eligibility
To access and use our Services, you must be at least 18 years of age or have the legal capacity to enter into a binding contract under Malaysian law. If you are accessing or using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. By using our Services on behalf of an entity, you agree that the entity shall be bound by these Terms.
2. Description of Services
Niuma Technologies Sdn. Bhd. provides a range of technology services tailored to support businesses in their digital transformation, including but not limited to:
- Artificial intelligence applications and solutions;
- Custom software development and maintenance;
- Cloud computing services and infrastructure support;
- Cybersecurity protection and risk management services;
- Digital marketing services and campaign management;
- Streaming media platform development and operation;
- IT consulting and digital strategy advisory services.
We reserve the right to modify, update, or discontinue any part of the Services at any time, with or without prior notice. We will make reasonable efforts to notify you of any material changes to the Services that may affect your use.
3. Your Obligations
When accessing or using our Services, you agree to comply with the following obligations:
- Use the Services only for lawful purposes and in accordance with these Terms and applicable Malaysian laws and regulations;
- Not engage in any activity that may interfere with, disrupt, or damage the Services, our servers, or the networks connected to the Services;
- Not attempt to gain unauthorized access to any part of the Services, user accounts, or our internal systems;
- Not upload, transmit, or distribute any content that is unlawful, defamatory, harassing, harmful, offensive, or infringes on the intellectual property rights of any third party;
- Provide accurate, complete, and up-to-date information when registering for an account or interacting with our Services (if applicable);
- Maintain the security of your account credentials (e.g., username and password) and notify us immediately of any unauthorized use of your account;
- Not resell, sublicense, or otherwise commercially exploit the Services without our prior written consent;
- Comply with all applicable data protection laws, including the Personal Data Protection Act 2010 (PDPA) of Malaysia, when providing or processing personal data in connection with the Services.
4. Account Registration (If Applicable)
Certain Services may require you to register for an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. We reserve the right to suspend or terminate your account at any time if we suspect any unauthorized use, breach of these Terms, or other fraudulent or unlawful activity. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.
5. Fees and Payment Terms
5.1 For paid Services, you agree to pay the fees specified in our service agreement, quotation, or as indicated on our website (as applicable). All fees are quoted in Malaysian Ringgit (MYR) unless otherwise stated.
5.2 Payment terms are net [X] days from the date of our invoice, unless otherwise agreed in writing. Late payments may be subject to a late fee of [X]% per month or the maximum rate permitted by law, whichever is lower.
5.3 We reserve the right to modify our fees at any time, but we will provide at least [30] days’ prior notice of any material fee changes. If you do not agree to the fee change, you may terminate your use of the affected Services before the change takes effect.
5.4 All fees are non-refundable unless otherwise specified in our service agreement or required by law. We may suspend or terminate access to paid Services if payment is not received in a timely manner.
6. Intellectual Property Rights
6.1 All intellectual property rights in and to the Services, including but not limited to software, code, algorithms, designs, trademarks, logos, copyrights, and trade secrets, are owned by Niuma Technologies Sdn. Bhd. or our licensors. These Terms do not grant you any ownership rights in the Services, only a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
6.2 You retain all intellectual property rights in any content, data, or materials that you upload, submit, or provide to us in connection with the Services (“Your Content”). By providing Your Content to us, you grant us a limited, non-exclusive license to use, process, store, and display Your Content solely for the purpose of providing and improving the Services to you. You represent and warrant that you have the right to grant this license and that Your Content does not infringe on any third-party intellectual property rights.
6.3 You agree not to use any of our intellectual property without our prior written consent. Any unauthorized use of our trademarks, logos, or other intellectual property is strictly prohibited.
7. Confidentiality
7.1 During your use of the Services, you may have access to confidential information of Niuma Technologies, including but not limited to business plans, technical specifications, pricing information, customer data, and other non-public information (“Our Confidential Information”). You agree to maintain the confidentiality of Our Confidential Information and not to disclose or use it for any purpose other than using the Services in accordance with these Terms.
7.2 We will also maintain the confidentiality of any confidential information you provide to us (“Your Confidential Information”) and will use the same level of care to protect it as we use to protect our own confidential information of similar nature, but not less than reasonable care. We will not disclose Your Confidential Information except as required by law or with your prior written consent.
7.3 The confidentiality obligations under this section shall survive the termination of these Terms for a period of [3] years.
8. Limitation of Liability
8.1 To the maximum extent permitted by Malaysian law, Niuma Technologies Sdn. Bhd. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use or inability to use the Services, even if we have been advised of the possibility of such damages.
8.2 Our total liability to you for any claim arising out of these Terms or the Services shall not exceed the total amount paid by you to us for the Services in the [12] months preceding the claim.
8.3 Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of obligations implied by the Sale of Goods Act 1957 or Supply of Services Act 1985 that cannot be excluded by law; or (d) any other liability that cannot be excluded or limited under applicable Malaysian law.
9. Disclaimer of Warranties
9.1 The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Niuma Technologies Sdn. Bhd. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We make no warranty regarding the accuracy, completeness, or reliability of any information provided through the Services.
9.3 Any reliance you place on the Services or information obtained through the Services is at your own risk. We recommend that you independently verify any information before making business decisions based on it.
10. Termination
10.1 These Terms shall remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing all use of the Services and, if applicable, closing your account. Your termination will not relieve you of any obligations to pay fees or other amounts incurred prior to termination.
10.2 We may terminate these Terms or suspend your access to the Services at any time, with or without prior notice, if you breach any of these Terms, engage in fraudulent or unlawful activity, or if we discontinue the Services. Upon termination, you must immediately cease using the Services, and any licenses granted under these Terms will terminate automatically.
10.3 Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, confidentiality, limitation of liability, disclaimer of warranties, and dispute resolution) shall remain in effect after termination.
11. Governing Law and Dispute Resolution
11.1 These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.
11.2 Any dispute, controversy, or claim arising out of or in connection with these Terms or the Services shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within [30] days, either party may submit the dispute to the courts of Malaysia for resolution, with the courts of [Kuala Lumpur] having exclusive jurisdiction.
12. Third-Party Services
Our Services may include links to third-party websites, services, or products. These links are provided for your convenience only, and we do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
13. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or technological developments. Any changes will be posted on this page with an updated effective date. We will provide at least [30] days’ prior notice of any material changes. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must cease using the Services.
14. General Provisions
14.1 These Terms constitute the entire agreement between you and Niuma Technologies Sdn. Bhd. regarding your use of the Services, superseding any prior agreements or understandings, whether written or oral.
14.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
14.3 Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision.
14.4 You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any third party at our discretion.
15. Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
Niuma Technologies Sdn. Bhd.
Address: Kuala Lumpur, Malaysia
Phone / WhatsApp: +60 12-345 6789
Email: [email protected]