Terms and Conditions

YBServe Platform

Effective Date: 15 January 2026
Version: 1.0

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the YBServe platform (the "Service") operated by YBServe Solutions (SSM Registration No: 202603018067 (NS0318440-A)), a business registered in Malaysia ("us", "we", "our", or "YBServe").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Definitions

In these Terms, unless the context otherwise requires:

• "Account" means the account created by or for you to access and use the Service.
• "Authorised User" means any individual who is authorised by the Customer to access and use the Service, including staff, volunteers, and administrators.
• "Citizen" means any individual who submits an issue or interacts with the Customer through the Service.
• "Confidential Information" means all information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
• "Customer" means the elected representative's office, political entity, or organisation that subscribes to the Service.
• "Customer Data" means all data, including Personal Data, that is uploaded, submitted, or otherwise provided by or on behalf of the Customer through the Service.
• "Documentation" means the user guides, help files, and other documentation provided by YBServe relating to the Service.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.
• "Personal Data" has the meaning given in the Personal Data Protection Act 2010 (Act 709) of Malaysia.
• "Service" means the YBServe software-as-a-service platform, including all features, functionalities, and related services.
• "Subscription" means the Customer's subscription to access and use the Service pursuant to these Terms.
• "Subscription Fee" means the fees payable by the Customer for the Subscription as set out in the applicable pricing plan.

2. Account Registration and Access

2.1 Account Creation

To use the Service, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

2.3 Authorised Users

The Customer may authorise users to access the Service on its behalf. The Customer is responsible for:

• Ensuring that all Authorised Users comply with these Terms;
• All activities conducted through Authorised User accounts;
• Maintaining the confidentiality of Authorised User login credentials;
• Promptly revoking access for users who are no longer authorised.

3. Use of the Service

3.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes in connection with constituency management and citizen engagement.

3.2 Restrictions

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
• Copy, modify, distribute, sell, or lease any part of the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Access the Service in order to build a competitive product or service;
• Use the Service to transmit any malware, viruses, or other harmful code;
• Interfere with or disrupt the integrity or performance of the Service;
• Attempt to gain unauthorised access to the Service or its related systems;
• Use automated means to access the Service without our express permission;
• Circumvent any access or use restrictions put in place to prevent certain uses of the Service;
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.

3.3 Compliance with Laws

You agree to comply with all applicable laws and regulations in connection with your use of the Service, including but not limited to the Personal Data Protection Act 2010 (Act 709) of Malaysia, the Communications and Multimedia Act 1998, and any other relevant legislation.

4. Customer Data

4.1 Ownership

As between the parties, you retain all rights, title, and interest in and to your Customer Data. We do not claim any ownership rights in your Customer Data.

4.2 Licence to Customer Data

You grant us a limited licence to access, use, copy, store, transmit, and display Customer Data solely to the extent necessary to provide the Service to you, including to process Customer Data using AI Features as described in our AI Terms.

4.3 Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Customer Data;
• The means by which you acquired Customer Data;
• Obtaining all necessary consents from Citizens and other data subjects;
• Ensuring Customer Data does not violate any third-party rights;
• Maintaining appropriate backups of Customer Data.

4.4 Data Processing

We will process Customer Data in accordance with our Privacy Policy and, where applicable, the Data Processing Agreement entered into between the parties.

5. Artificial Intelligence Features

5.1 AI-Assisted Processing

The Service includes AI Features that automatically classify, categorise, analyse, and summarise Customer Data. By using the Service, you acknowledge and consent to such AI processing.

5.2 AI Limitations

You acknowledge that:

• AI Features provide automated suggestions and classifications that may not always be accurate;
• AI outputs are advisory only and do not replace human judgement;
• You are responsible for reviewing and verifying AI outputs before taking action;
• We do not guarantee the accuracy, completeness, or reliability of AI outputs.

5.3 AI Terms

Your use of AI Features is additionally governed by our AI Terms (Supplemental), which form part of these Terms.

6. Subscription and Fees

6.1 Subscription Plans

The Service is offered on a subscription basis. The features available to you depend on your selected subscription plan. Details of available plans and pricing are available on our website or upon request.

6.2 Payment Terms

Unless otherwise agreed in writing:

• Subscription Fees are payable in advance on a monthly or annual basis;
• All fees are quoted and payable in Malaysian Ringgit (MYR);
• Fees are non-refundable except as expressly provided in these Terms;
• We may change our fees upon thirty (30) days' notice.

6.3 Late Payment

If you fail to pay any amount due under these Terms, we may charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We may also suspend or terminate your access to the Service until all outstanding amounts are paid.

6.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your Subscription, including any applicable Sales and Service Tax (SST).

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content (excluding Customer Data), is owned by us or our licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.

7.2 Feedback

If you provide us with any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7.3 Trademarks

"YBServe" and our logos are our trademarks. You may not use our trademarks without our prior written consent. Any use of our trademarks must be in accordance with our brand guidelines.

8. Confidentiality

8.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to any third party without the prior written consent of the disclosing party.

8.2 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was rightfully in the receiving party's possession prior to disclosure;
• Is independently developed by the receiving party without use of the Confidential Information;
• Is rightfully obtained from a third party without restriction on disclosure.

8.3 Required Disclosure

A party may disclose Confidential Information if required by law, provided that the party gives prompt notice to the other party (to the extent legally permitted) and cooperates in any effort to obtain protective treatment.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• We have the right to provide the Service;
• The Service will perform substantially in accordance with the Documentation;
• We will use commercially reasonable efforts to maintain the availability of the Service.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free;
• The results obtained from the Service will be accurate or reliable;
• Any errors in the Service will be corrected;
• The Service will meet your specific requirements.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (a) Your access to or use of or inability to access or use the Service;
• (b) Any conduct or content of any third party on the Service;
• (c) Any content obtained from the Service;
• (d) Unauthorised access, use, or alteration of your transmissions or content.

10.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE THOUSAND MALAYSIAN RINGGIT (MYR 1,000), WHICHEVER IS GREATER.

10.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless YBServe and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any rights of a third party;
• Your Customer Data;
• Any claim by a Citizen or other third party relating to your use of the Service.

12. Term and Termination

12.1 Term

These Terms commence on the date you first access the Service and continue until terminated in accordance with this Section.

12.2 Termination by You

You may terminate your Subscription at any time by providing written notice to us. Termination will be effective at the end of the current billing period. You will not receive a refund for any unused portion of the Subscription.

12.3 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if:

• You breach any provision of these Terms;
• You fail to pay any amounts due;
• We are required to do so by law;
• We cease to offer the Service.

12.4 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease;
• We may delete your Customer Data after a reasonable period (typically 30 days);
• You may request a copy of your Customer Data prior to termination;
• All provisions that should survive termination will survive, including Sections 7, 8, 9, 10, 11, and 15.

13. Modifications to Terms

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or by sending you an email. Your continued use of the Service after such notice constitutes your acceptance of the modified Terms.

13.2 Changes to Service

We may modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Dispute Resolution

14.1 Negotiation

In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good faith negotiation.

14.2 Mediation

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation in accordance with the Mediation Act 2012 of Malaysia.

14.3 Litigation

If the dispute cannot be resolved through mediation, either party may pursue the matter in the courts of Malaysia.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, AI Terms, and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

15.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

15.6 Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered by email or posted to the addresses provided in your Account.

15.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

15.8 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

15.9 Third-Party Beneficiaries

These Terms do not confer any rights on any third party unless expressly stated.

16. Contact Information

If you have any questions about these Terms, please contact us:

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