Security Service End User License Agreement (EULA)

    The terms and conditions of this End User License Agreement (“Agreement”) govern your use of and/or access to the Service (as hereinafter defined) operated by NETASSIST (M) Sdn Bhd (Company Registration No.: 202301026009 (1519932P)) of C-10-04, Block C, Plaza Mont Kiara, No. 2, Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur, Malaysia. (collectively referred to as “we”, “us” or “our”).

    By assenting electronically, the use of the Service (as hereinafter defined), you indicate that you have read, understood and accepted this Agreement, including the Privacy Policy and, any additional terms and conditions, and any policies referenced herein available within the Service or by hyperlink. If you do not agree to the terms of this Agreement, please discontinue the use of the Service and terminate this Agreement in accordance with the terms and conditions below.

    1. Service Provided by Us

    1.1. The Service does not include removal of any vulnerabilities found through the Service. You acknowledge that the Service is not able to detect all possible vulnerabilities and as such, you acknowledge that we are not responsible for any loss or damage caused by such vulnerabilities. To ensure you have an accurate vulnerability assessment and to avoid operational disruption of the Service, you shall consider the impact of any security software or firewalls installed on your devices. 

    1.2. You may use the Service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable laws.

    2. Licence to Use the Service

    Subject to all limitations and restrictions contained herein, we grant to you a term subscription, non-exclusive, non assignable, personal, and revocable license to use and/or access the Service.

    3. Subscription of the Service

    3.1. You shall subscribe to the Service for a period of not less than the minimum subscription period of twelve (12) months (“Subscription Period”) or any other period mutually agreed between us. 

    3.2. The Service and Subscription Period shall commence after the successful completion of enabling the Service, whether by us, our appointed contractor or yourself (as applicable) and upon the date on which the Service is activated for you by us (“Activation Date”). 

    3.3. This Agreement shall remain in full force and effective for the duration of the Subscription Period, unless earlier terminated by either party in accordance with the provisions of this Agreement. We shall send you not two (2) reminder emails to advise you that your Subscription Period is approaching its expiration date to the contact email address as provided by you. The first reminder email will be sent sixty (60) days prior to the expiry of the Subscription Period. The second reminder email will be sent thirty (30) days prior to the expiry of the Subscription Period.

    4. Fee of the Service

    4.1. You shall pay the fee for the Service as prescribed and informed to you by us from time to time (“Fee”). The Fee shall be continuously chargeable and payable by you upon the Activation Date or any time determined by us. 

    4.2. In the event of suspension or termination of your User Account (as hereinafter defined) at any time during the Minimum Subscription Period, except where such termination arises from our breach or fault or a Force Majeure event (as hereinafter defined), then you shall be liable to pay to us all fees for the Service outstanding to us, including the administration charges or any other amount as imposed by us from time to time. “User Account” means an account registered with us under your name in relation to the Service subscribed by you.

    4.3. We may change the Fee at any time and for any of the following reasons:-

    (a) legal or regulatory reasons; 

    (b) improvements to the Service or new features; or 

    (c) in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.

    5. Service Availability

    5.1. You are responsible for enabling of the Service. If required, for a fee to be determined by us.

    5.2. For the avoidance of doubt, we shall not be responsible or liable for any problem arising between you and us in our capacity as the provider (and not attributable to our willful default or gross negligence) that may affect the availability of the Service. You understand that should there be any interruption or termination of the Service by us, this will affect the availability of the Service in which event, we reserve the right to terminate the Service accordingly.

    6. Update of the Service

    We may, from time to time, and without your separate permission or consent, deploy an upgrade or update or, or replacement for the Service (“Update”). As a result of any such deployment, you may not be able to use the Service until any such Update is fully installed or activated. Each Update will be deemed to form a part of the Service for all purposes under this Agreement. Updates may include both additions to, and removal of, any particular features or functionality offered by the Service or may replace it entirely, and we will determine the content, features and functionality of the updated Service in our sole discretion. We are not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Service. We may stop providing support for the Service until you have accepted and installed or activated all Updates. In our sole discretion, we will determine when and if Updates are appropriate and we have no obligation to make any Updates available to you. In our sole discretion, we may stop providing Updates supporting use of the Service in connection with any versions of operating systems, email programs, browser programs and other software with which the Service is designed to operate.

    7. Guidelines of Services

    7.1. The use of the Service is subject to our guidelines. The following is a non-exhaustive list of the types of conduct that are illegal or prohibited when you use or access the Service. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any manner that is, attempts to, or is likely to, involve the following prohibited activities:-

    (a) use the Service for any unlawful purpose including without limitation for any criminal purposes; 

    (b) use reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the Service; 

    (c) change, modify or otherwise alter the Service; 

    (d) except as authorised by a distribution agreement, reseller agreement or other agreement between you and us, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense the Service; 

    (e) use any parts of the Service to provide or build a product or service that competes with the Service; 

    (f) use the Service to:-

    (i) upload, download, stream, transmit, copy or store any information, data, or materials, or engage or assist in any activity that may:- 

    (1) infringe the intellectual property rights or other rights of ours or any third party; 

    (2) contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; 

    (3) harm or attempt to harm others; 

    (4) have the potential to incite or produce conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously or sexually discriminatory or otherwise objectionable; 

    (5) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; 

    (6) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 

    (7) assist any fraud, deception or theft; 

    (8) damage, disable or impair the operation of, or gain or attempt to gain unauthorised access,

    (ii) in any way violate any laws, regulations, judicial or governmental orders, treaties; 

    (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Service; 

    (iv) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or “pyramid schemes”; 

    (v) collect or store personal data without the knowledge and express consent of the data subject;

    (g) use any proxy Internet Protocol (IP) addresses in order to attempt to disrupt the Service; 

    (h) affect us adversely or reflect negatively on us, the Service, our goodwill, name or reputation or cause duress, distress or discomfort to us or any person, or discourage any person from using all or any portion, feature, or function of the Service, or from advertising, linking, or becoming a supplier to us in connection with the Service; 

    (i) transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; 

    (j) gain unauthorised access to the Service, other users’ name, account, password, personally identifiable information or other computers, websites or pages, connected or linked to the Service, or to use the Service in any manner which violates or is inconsistent with this Agreement; 

    (k) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service, or the rights or use and enjoyment of the Service by any other person; 

    (l) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by, or concerning any other person, in connection with their or your use of the Service, unless you have obtained the express, prior permission of such other person to do so; 

    (m) harvest or otherwise collect information about users without their consent; and 

    (n) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

    7.2. We reserve the right, but is not obligated to do, any or all of the following:- 

    (a) investigate and take appropriate legal action against any person who, in our sole discretion, engages in any of the prohibited activities; and 

    (b) restrict, suspend, or terminate a user’s access to all or any parts of the Service upon any breach of this Agreement for any or no reason, with or without prior notice and without liability.

    7.3. You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your use and/or access to the Service and we shall not be liable for any cost or loss incurred by you due to such suspension or termination. We also reserve our right to introduce, change, or amend our guidelines from time to time.

    8. User’s Responsibilities

    You are responsible for:-

    (a) be responsible for the set up or configuration of your equipment for access to the Service; 

    (b) ensure your readiness for installation of the Service on the appointment date; 

    (c) comply with all reasonable notices or instructions given by us from time to time in respect of the use of the Service; 

    (d) be solely responsible for obtaining, at your own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service; 

    (e) comply with the rules of any network to which you have access to the Service; 

    (f) comply with and not contravene any and all applicable laws and regulations in the country in which you reside, whether relating to the Service or otherwise; 

    (g) be solely responsible for all information retrieved, stored, and transmitted by you through the use of the Service; 

    (h) obtain our prior approval before making any changes to the network configurations and interconnecting your private network to any public network; 

    (i) be responsible for any change and cost associated to any modification made to the external or internal wiring for connectivity of the Service; 

    (j) pay and settle the Fee and any charges due to us in accordance with this Agreement; 

    (k) abide and adhere to the terms and conditions of this Agreement; 

    (l) all such measures as may be necessary to protect your own system and network; and 

    (m) be responsible for the safety, security, and maintaining the confidentiality of your password and/or User Account and shall not reveal the same to any other person. We disclaim any liability for any unauthorised use by any third party of your password or User Account.

    9. Data Privacy

    When you use the Service, we will collect, store, and use certain information about you as described in our Privacy Policy. If you do not agree to such provisions, please do not use the Service.

    10. Confidentiality

    10.1. You will not disclose, misuse, or use the Confidential Information. “Confidential Information” means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes, but is not limited to, all information generated or obtained from the use of the Service, this Agreement, our policies, and any other technical or programming information we disclose or make available to you.

    10.2. However, Confidential Information does not include information other than information that (i) is or becomes publicly known and generally available other than through your action or inaction; or (ii) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

    10.3. Each party agrees at all times to use all reasonable efforts, but in any case, no less than the efforts that each party uses in the protection of its own Confidential Information of like value, to protect Confidential Information belonging to the other party. Each party agrees to restrict access to the other party’s Confidential Information only to those employees or personnel who (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by the provisions no less restrictive than those set forth in this Clause 11.

    10.4. You acknowledge, consent, and agree that we may access, preserve and disclose the information you provided and generated from the use of the Service if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:-

    (a) comply with the legal process;

    (b) enforce this Agreement;

    (c) respond to your requests for customer service; or

    (d) protect our rights, property or personal safety, our users, and the public.

    11. Intellectual Property Rights

    11.1. You acknowledge that we own all rights, title, and interests, including, without limitation, all Intellectual Property Rights (as hereinafter defined), in relation to the Service, and that you will not acquire any rights, titles, or interests in relation to the Service except as expressly set forth in this Agreement. To the extent you provide any comments or suggestions about the Service to us, you grant us the right and license to retain and use any such comments or suggestions for any purpose in our current or future products or services, without further compensation to you and without your approval of such retention or use. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

    11.2. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, hardware, or documentation, or create or attempt to create a substitute or similar service or product through use of the Service or proprietary information related thereto.

    11.3. You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained within the Service. 

    11.4. This Clause 12 will survive termination or expiry of this Agreement.

    12. Representations and Warranties

    You acknowledge and agree that the Service is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Service and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While we make reasonable efforts to ensure the provision of the Service we offer are available at all times, we do not warrant or represent that the Service shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Service due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or Force Majeure events.

    13. Limitation of Liability

    13.1. The Service is provided on a “best effort” basis. We make no warranty of any kind, either expressed or implied, and expressly disclaim all implied warranties, including, but not limited to warranties of accuracy, availability, stability, or accessibility of the Service including access to any online sites or destination or domain and/or the Device for your particular purpose. We also make no warranty that all vulnerabilities, risks or threats will be detected by use of the Service of that false positives will not be found. We also make no warranty that your equipment will be compatible with the Service. You acknowledge that we do not and cannot in any practical way supervise, edit, or control the content and form of any information or data accessed by you through the Service. You shall exercise discretion when using the Service at all times and we shall not be held responsible and hereby disclaim any and all liabilities whatsoever with regard to any information or content accessed through the Service.

    13.2. Save for loss or damage arising from our gross negligence or wilful default, we shall not be liable to you for any indirect, consequential and incidental loss, cost, claim, liability, expenses, demands or damages whatsoever, loss of profits, loss of savings, loss of data or loss of business arising out of your failure or inability to use the Service provided by us hereunder. Our liability (if any) is limited to restoring the Service but subject always to technical limitations or other limitations beyond our control or faulty not due to your act or omission. 

    13.3. We shall not be liable in the event that your equipment and/or other devices are damaged due to a Force Majeure event (as defined hereunder). Our liability (if any) during installation and/or restoration of any reported faulty shall not cover the wiring or cabling or your equipment and the building management corporation or the building owner power house. 

    13.4. While every care is taken by us in the provision of the Service, we shall not be liable for any loss of information or data howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received, or transmitted through the Service unless due to our gross negligence or wilful default. 

    13.5. We shall be solely responsible, and we shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules, and regulations for the use of any telecommunications systems, service, or equipment shall be at all times complied with.

    14. Termination

    14.1. Without prejudice to any other rights or remedies of the parties under this Agreement or at law, either party may terminate this Agreement in the event:-

    (a) the other party breaches any term, condition, undertaking, or warranty under this Agreement and such breach is not remedied for a period of thirty (30) days after receipt of the written request to remedy the same; 

    (b) the other party breaches any applicable laws or regulations; 

    (c) the other becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgment against either party to remain unsatisfied for the period of twenty one (21) days; or 

    (d) any Force Majeure event occurs, which continues for a period of more than sixty (60) days.

    14.2. Without prejudice to any of our other rights or remedies under this Agreement or at law, we may terminate this Agreement by giving you fourteen (14) days’ written notice:-

    (a) where you fail to comply with our policies and/or instructions communicated to you; 

    (b) where you are in breach of any laws or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above; or 

    (c) where we are of the view that the provisioning of the Service is no longer commercially viable.

    14.3. We may suspend or terminate your User Account, or cease providing you with all or part of the Service at any time for any reason without prior notice and without penalty, including but not limited to, if we reasonably believe:- 

    (a) you fail to make payment of the Fee, charges and/or any sum due to us as and when it falls due; 

    (b) you have breached, or are acting in breach of, this Agreement; or 

    (c) you have infringed any laws or regulations or the rights of a third party, including infringing someone else’s intellectual property rights, or if we reasonably believe that you have engaged, or are engaging in fraudulent or illegal activities.

    14.3. In the event this Agreement terminates for whatever reason, the following shall be applicable:-

    (a) we will cease providing the Service immediately; 

    (b) all rights and licenses granted by us to you under this Agreement shall terminate immediately; (c) you shall pay us all the outstanding Fee in relation to the provision of the Service rendered until the date of termination; 

    (d) you shall continue to comply with all of your obligations under this Agreement which are not affected by termination; 

    (e) we reserve the right to permanently dispose and delete any data held within the Service without further reference to you; and 

    (f) any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

    15. Third Party Software, Services and Other Products

    The Service may offer you the opportunity to acquire software, services and other products supplied by third parties. You acknowledge that the applicable third party is solely responsible for its offerings and we make no representations or warranties concerning those offerings and accept no liability with respect to them, and if you acquire or use any of these third party offerings, the offerings and your use of them will be governed by any license agreements, terms of use, privacy policies and/or other terms and conditions required by the third party. Further, we accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your use of and/or access to any of these third party offerings.

    16. Force Majeure

    16.1. If performance of this Agreement or any obligations under this Agreement is prevented, restricted, or interfered by reason of Force Majeure and the affected party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the affected party invoking this provision shall be suspended to the extent necessary by such event. The affected party shall use reasonable efforts under the circumstances to remove such prevention, restriction, or interference or to limit the impact of the event on its performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

    16.2. “Force Majeure” means any event or circumstances beyond the reasonable control of a party including any acts of God, fire, flood, storm, earthquake, natural disaster, epidemic or pandemic, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent it:-

    (a) would be unreasonable to expect the affected party to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan; and 

    (b) results in a party being unable to perform an obligation under this Agreement on time.

    17. Severability and Waiver

    17.1. Unless as otherwise stated in this Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law. 

    17.2. Any failure by us or any third party beneficiary to enforce this Agreement or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.

    18. Severability and Waiver

    This Agreement comprises the entire agreement between you and us and supersedes any prior or contemporaneous negotiations or discussions.

    19. Assignment

    19.1. In our sole discretion, we may assign this Agreement and any of our rights under this Agreement, in whole or in part, and we may delegate any of our obligations under this Agreement upon notice to you.

    19.2. You may not assign this Agreement, in whole or in part, nor transfer your rights under this Agreement to any third party.

    20. Indemnification

    You agree to indemnify, defend and hold us, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, affiliates, and applicable third parties (e.g.: partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, but not limited to, damage awards, settlement amounts and/or legal fees) brought against any Indemnified Person(s) arising out of, related to or which may arise from your use of the Service and/or your breach of any terms of this Agreement.

    21. Modification

    21.1. We reserve the right to change the terms and conditions of this Agreement from time to time. We may change or remove any or all features of the Service at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications. 

    21.2. If the alterations constitute a material change to our terms and conditions, we will notify you. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions as modified. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

    22. Relationship of Parties

    No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

    23. Governing Law and Dispute Resolution

    This Agreement will be governed by the laws of Malaysia and the parties agree that any dispute or claim between you and us will be adjudicated in the courts in Kuala Lumpur, Malaysia. Any claim against us arising from this Agreement shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy of any other party.

    24. Contact Us

    If you wish to contact us regarding any feedback, comments, or questions you may have, our contact details are as follows:-

    NETASSIST (M) SDN BHD

    Email Address: [email protected]

    Office Number: +6016 – 823 3225

    9:00am to 6:00pm (Malaysia Time), Monday – Friday, excluding public holidays