Terms of Service

1. Agreement Scope

These Terms govern your access to and use of Sparx Systems Malaysia's online platforms, hosted environments, software-related services, updates, and associated content.

They incorporate:

• Our Privacy Policy
• Any service-specific terms provided at purchase or registration
• Applicable software license agreements
• Commercial terms including subscriptions, payments, and renewals

2. Rights to Use the Services

The Services are protected by intellectual property laws. Sparx Systems Malaysia grants a limited, non-exclusive, non-transferable right to use the Services during the applicable subscription term, subject to compliance with these Terms and payment obligations.

Users may not:

• Share access with unauthorized parties
• Resell, duplicate, reverse engineer, or commercially exploit the Services
• Host or distribute the Services through unauthorized platforms

3. Fees and Subscriptions

Where Services are provided on a paid or subscription basis:

• Fees are payable in the currency specified at purchase
• Payments may be processed through approved electronic methods
• Subscriptions renew automatically unless cancelled in advance
• Inaccurate payment information may result in service suspension

Billing and cancellation details may be provided separately.

4. Mobile and Remote Access

Certain Services may be accessed via mobile devices or third-party networks. Users are responsible for device compatibility, connectivity, and associated charges.

Sparx Systems Malaysia does not guarantee uninterrupted access or security across external telecommunications networks and is not responsible for network-related service failures or data loss.

5. Personal Data

Use of the Services is subject to our Privacy Policy. By using the Services, users consent to the collection, storage, processing, and transfer of information as described therein.

Data may be processed in different jurisdictions where legally permitted. Aggregated, non-identifiable data may be used for analytics and service improvements.

6. User Content

6.1 Responsibility

Users retain responsibility for all data, models, files, and information uploaded or created within the Services ("Content").

Users grant Sparx Systems Malaysia a non-exclusive right to host and process Content solely for service delivery purposes.

Users must not upload or distribute:

• Unlawful or harmful material
• Content infringing intellectual property or privacy rights
• Malware or malicious code
• Misleading, abusive, or offensive material

Users are responsible for maintaining backups of their Content.

6.2 Community Areas

Where collaboration tools, forums, or shared spaces are provided, Sparx Systems Malaysia does not control user-posted material and is not responsible for external links or shared content.

Users should avoid sharing confidential or sensitive information.

6.3 Feedback

Any feedback, suggestions, or improvements submitted may be used by Sparx Systems Malaysia without restriction or compensation.

6.4 Monitoring

Content may be reviewed or removed where reasonably necessary for compliance, security, legal obligations, or policy enforcement.

7. Additional Provisions

• Consulting or professional services are not included unless agreed separately
• Service notices and updates may be delivered electronically
• Users are responsible for account security
• Service enhancements may be deployed automatically

8. Service Disclaimer

Services are provided on an "as available" and "as is" basis.

To the extent permitted by law, Sparx Systems Malaysia disclaims all warranties, including implied warranties of accuracy, reliability, fitness for purpose, uninterrupted service, or error-free operation.

9. Limitation of Liability

To the maximum extent permitted by law:

• Sparx Systems Malaysia is not liable for indirect, incidental, special, or consequential damages
• Total liability shall not exceed fees paid during the twelve (12) months preceding the claim

Users agree to indemnify Sparx Systems Malaysia against claims arising from misuse or breach of these Terms.

10. Modifications

These Terms or the Services may be updated at any time. Continued use after publication constitutes acceptance of revised Terms.

11. Termination

Access may be suspended or terminated for breach, non-payment, or misuse.

Upon termination, access to stored Content may cease. Users are responsible for retrieving data prior to termination.

12. Compliance with Laws

Users agree to comply with applicable local and international laws, including data protection and technology regulations.

13. Governing Law

These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.

14. Dispute Resolution

Disputes shall first be resolved through good faith negotiation. If unresolved, disputes may be referred to mediation or arbitration in Malaysia in accordance with applicable rules.

Class or collective claims are not permitted where legally enforceable.