Service Terms and Conditions

Effective Date: 10 November 2024

Welcome to Archiater Studio! These Service Terms and Conditions (“Service Terms”) outline the rights, responsibilities, and obligations governing your use of all services provided by Archiater Studio, including System-as-a-Service (“SaaS”) products, non-SaaS services, and access to our website (collectively, the “Services”). By engaging with our Services, you agree to be bound by these Service Terms.

1. Acceptance of Service Terms

By accessing or using our Services, you acknowledge and agree to comply with these Service Terms, our Privacy Policy, Terms and Conditions (Terms of Use), Refund Policy, and any additional terms specific to certain products or services. If you do not agree to any part of these Service Terms, please refrain from using our Services.

2. Eligibility and Compliance

Our Services are intended for users 18 years or older. You represent that you:

Are at least 18 years old.
Have the authority to enter into this agreement on behalf of yourself or your organisation.
Will comply with these Service Terms and applicable laws and regulations.

3. Service Description

Archiater Studio offers a range of digital business solutions, including:

SaaS Products: Accessible software applications hosted by Archiater Studio for ongoing use under a subscription model.
Non-SaaS Services: Custom consulting, integrations, project-based services, and other tailored solutions.
Website Access: Resources, information, and online tools offered through our website.

Archiater Studio reserves the right to modify, suspend, or discontinue any part of the Services at its discretion, with or without notice.

4. Licence and Authorised Use

Licence Grant: Archiater Studio grants you a limited, non-transferable, and revocable licence to access and use our SaaS products and website for internal business purposes in accordance with these Service Terms.
Permitted Use: You may only use the Services for lawful purposes and in accordance with these Service Terms. Any unauthorised or unlawful use may result in termination of access.
Restrictions: You may not modify, reverse engineer, decompile, distribute, or use any portion of the Services outside the intended scope of use provided in these Service Terms.

5. Account Registration and Security

To access certain Services, you may be required to create an account and provide accurate, complete information. You agree to:

Maintain the confidentiality of your account credentials.
Be responsible for all activities under your account.
Promptly notify Archiater Studio of any unauthorised access or security concerns.

Archiater Studio reserves the right to suspend or terminate any account that violates these Service Terms or appears compromised.

6. Service Fees and Payment Terms

Fees and Pricing: Fees for Services, including SaaS subscriptions and non-SaaS offerings, will be as indicated in the service agreements or pricing plans.
Billing and Payment: All payments are due as specified in the billing agreement or invoice. Failure to make timely payment may result in suspension or termination of Services.
International Transactions: Any fees associated with currency exchange or cross-border transactions shall be the responsibility of the client.

7. Trial Period and Refunds

Free Trials: Archiater Studio offers free trials on SaaS products, allowing you to assess the suitability of the Services before subscribing.
Refunds: All sales are final, and refunds are governed by our Refund Policy. Refunds may be restricted or unavailable, as outlined in the specific policy terms.

8. Intellectual Property Rights

All content, graphics, designs and logos in our Services and on our website are the exclusive property of Archiater Studio, and are protected by copyright, trademark, and other intellectual property laws. Unauthorised use or reproduction is strictly prohibited.

The core features and functionality in our SaaS-based Services, are powered by ERPNEXT on Frappe Framework, in accordance with the GNU GPLv3 licence.

You agree not to reproduce or use any intellectual property without explicit permission.

9. User Content and Data Responsibility

User Responsibility: You are solely responsible for the content and data you create, upload, or manage within the Services. Archiater Studio is not liable for any content uploaded by users.
Privacy and Data Processing: Your personal data will be processed in accordance with our Privacy Policy. You retain ownership of your data, subject to data processing requirements and legal obligations.

10. Data Protection and Security

Archiater Studio prioritises data security and implements various security measures, including HTTPS protocols and Google ReCAPTCHA for form protection, as detailed in our Security Policy. However, we cannot guarantee complete data security and disclaim liability for any unauthorised access or breaches to the fullest extent allowed by law.

11. Third-Party Integrations and External Links

Our Services may integrate with third-party tools or link to external websites. Archiater Studio is not responsible for the content or practices of third parties and does not endorse or assume liability for them. Your interactions with third parties are governed by their own terms and conditions.

12. International Use

Compliance with Local Laws: If you access our Services from outside Malaysia, you are responsible for complying with local laws and regulations.
Data Transfer and Processing: By using our Services, you consent to the transfer and processing of your data in accordance with Malaysian law and any applicable international data protection regulations.

13. Warranties and Disclaimers

Archiater Studio provides the Services on an “as-is” and “as-available” basis, with no express or implied warranties. We disclaim any implied warranties to the fullest extent permitted by law, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, Archiater Studio shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Services. Our total liability shall not exceed the fees paid by you for the specific service that is the subject of the claim.

15. Indemnification

You agree to indemnify and hold harmless Archiater Studio, its affiliates, and its employees from any claims, damages, liabilities, or expenses arising from your use of the Services, violation of these Service Terms, or infringement of rights by your content or data.

16. Force Majeure

Archiater Studio shall not be liable for any failure or delay in the performance of its obligations under these Service Terms or any related agreement if such failure or delay is due to any event beyond the reasonable control of Archiater Studio (a “Force Majeure Event”). Force Majeure Events include, but are not limited to:

Acts of God and Natural Disasters: Any natural catastrophe or event beyond human control, including but not limited to earthquakes, hurricanes, floods, fires, and other acts of nature.
Public Health Crises: Epidemics, pandemics, outbreaks of disease, or any government-imposed restrictions or regulations arising from public health concerns.
Acts of War and Terrorism: War, armed conflict, terrorist attacks, riots, insurrections, or other acts of public disorder.
Government Actions: Compliance with any law, order, regulation, or other action by a governmental authority, including export or import restrictions, trade embargoes, or other legal impediments.
Labor Disputes and Strikes: Any strike, labor dispute, work stoppage, or similar labor-related event that affects Archiater Studio or its suppliers.
Utility or Internet Failures: Prolonged failures in power supply, telecommunications, or internet access that prevent Archiater Studio from providing Services.
Cybersecurity Incidents: Widespread internet outages or cybersecurity incidents, including Distributed Denial of Service (DDoS) attacks, hacking, or other malicious technological disruptions that are outside Archiater Studio’s control.

In the event of a Force Majeure Event, Archiater Studio shall:

Notify Clients and Users: Make reasonable efforts to inform affected clients or users about the Force Majeure Event, anticipated impact on services, and estimated duration of disruption.
Mitigate and Resume Services: Take reasonable steps to minimise the impact of the Force Majeure Event and resume services as soon as it is feasible. .
Suspension of Obligations: Be entitled to suspend or delay performance of the affected obligations without incurring liability to the client, user, or any third party for any damages resulting from the delay or suspension.

During a Force Majeure Event, Archiater Studio shall not be liable for any failure to fulfil its obligations under this Agreement or these Terms, including but not limited to non-performance of service deliverables, delays in response or resolution times, and any indirect, consequential, or incidental damages resulting from the Force Majeure Event.

If the Force Majeure Event prevents Archiater Studio from fulfilling its obligations for a continuous period exceeding 60 days, either party may terminate the affected services without penalty. Upon such termination, any prepaid fees for undelivered services shall be refunded, subject to the Refund Policy.

The occurrence of a Force Majeure Event does not excuse or waive any payment obligations that were due prior to the onset of the Force Majeure Event.

17. Termination and Suspension

Archiater Studio reserves the right to terminate or suspend your access to the Services at any time if:

You breach these Service Terms
Required payments are not made.
Any unlawful or harmful activity is detected.

Termination may be immediate or upon notice as determined by the nature of the breach or risk involved.

18. Governing Law and Dispute Resolution

These Service Terms are governed by the laws of Malaysia, unless otherwise agreed in writing. Any disputes arising from these Service Terms shall be resolved through arbitration, in accordance with the Arbitration Act 2005, with the seat of arbitration in Malaysia, or as specified in a mutually agreed jurisdiction for international clients.

19. Modifications to Service Terms

Archiater Studio reserves the right to modify or update these Service Terms at any time. Notices of updates will be provided on our website, and changes will take effect upon posting. Your continued use of the Services after updates constitutes acceptance of the new Service Terms.

20. Contact Information

If you have questions regarding these Service Terms, please contact:
Archiater Studio
support@archiaterstudio.com
Lorong Kudalari, 50450 Kuala Lumpur