Terms of Service

01Eligibility

You must be able to form a binding contract to use the Services. If you are using the Services on behalf of an organisation, you confirm that you are authorised to accept these Terms for that organisation, and "you" refers to both you and that organisation.

02Licence to use the Apps

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Apps for their intended purpose.

This is a licence, not a sale. We and our licensors retain all rights in the Services that are not expressly granted to you.

03Acceptable use

You agree not to:

• use the Services for any unlawful purpose, or in breach of any applicable law or regulation;
• copy, modify, translate, or create derivative works of the Services, except to the extent that applicable law expressly permits it despite this restriction;
• reverse engineer, decompile or disassemble any part of the Services, subject to the same exception;
• rent, lease, lend, sell, sublicense or otherwise make the Services available to a third party, unless we have agreed in writing;
• remove, obscure or alter any proprietary notice in the Services;
• interfere with or disrupt the Services, or attempt to gain unauthorised access to any system, account or network connected to them;
• probe, scan or test the vulnerability of the Services without our prior written permission;
• use automated means to access or extract data from the Services in a way that places an unreasonable load on them; or
• upload or transmit malware, or any content that is unlawful, infringing, or harmful to others.

04Accounts and security

Where an App provides user accounts, you are responsible for the accuracy of the details you register, for keeping your credentials confidential, and for activity that occurs under your account. Tell us promptly if you believe your account has been compromised.

We may suspend or disable an account where we reasonably believe it has been compromised, is being used in breach of these Terms, or where suspension is necessary to protect the Services or other users.

05Your content and data

You retain ownership of the content and data you put into the Services. You grant us only the limited rights necessary to host, process and display that content so that we can operate the Services for you.

You are responsible for ensuring you have the rights to the content you supply, and that it does not infringe anyone else’s rights or breach any law. Our handling of personal data is described in our Privacy Policy.

06Intellectual property

The Services, including their software, design, text, graphics and the Pixelafy name and logo, are owned by us or our licensors and are protected by intellectual property laws. Nothing in these Terms transfers any of those rights to you.

Feedback and suggestions you send us are welcome. If you send them, you allow us to use them without obligation or compensation to you.

07App stores and third-party services

Where you obtain an App through an app store or platform, that store’s terms also apply to your download and any purchase. The store is not responsible for the App, and any claim relating to the App should be directed to us, not to the store.

The Services may integrate with or link to third-party services. We do not control those services and are not responsible for their content, availability or practices. Your use of them is governed by their own terms.

08Fees, subscriptions and refunds

Some Apps or features may be paid. Where they are, the price, billing period and what is included will be stated before you buy. Unless stated otherwise, fees are exclusive of applicable taxes.

Where a purchase is made through an app store, that store handles billing, renewals, cancellations and refunds under its own policies, and refund requests must generally go through the store. Where we bill you directly, we will make the cancellation and refund position clear at the point of purchase.

09Availability and changes to the Services

We aim to keep the Services available and working, but we do not guarantee uninterrupted or error-free operation. Maintenance, updates, third-party failures and events outside our control can all cause interruption.

We may change, suspend or discontinue any part of the Services. Where we discontinue an App that you rely on, or make a change that materially reduces its functionality, we will give reasonable notice where it is practical to do so, and — where you have paid for a period that will not be delivered — deal with that fairly.

10Disclaimer of warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Services will meet your requirements, that they will operate without interruption or error, or that any defect will be corrected. You are responsible for maintaining your own backups of important data.

Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you. Nothing in these Terms excludes any right you have that cannot lawfully be excluded.

11Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data or business, however caused and under any theory of liability, arising out of or in connection with the Services.

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the greater of the amount you paid us for the relevant Service in the twelve months before the event giving rise to the claim, or one hundred Malaysian Ringgit (RM100).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

12Indemnity

You agree to indemnify and hold us harmless against claims, damages, losses and reasonable costs arising from your breach of these Terms, your misuse of the Services, or your infringement of the rights of a third party.

13Termination

You may stop using the Services at any time, and uninstall the Apps. We may suspend or terminate your access if you materially breach these Terms, or if we are required to do so by law.

On termination, the licence granted to you ends and you must stop using the Services. Provisions that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnity and governing law — will survive.

14Governing law

These Terms are governed by the laws of Malaysia. You and we submit to the exclusive jurisdiction of the courts of Malaysia, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary, or severed, and the rest will remain in force. Our failure to enforce a provision is not a waiver of it.

15Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page, and where the change is material we will give reasonable notice. Continuing to use the Services after a change takes effect means you accept the revised Terms.

16Contact us

If you have a question about these Terms, or need to raise an issue with any of our applications, email [email protected] and we will respond.