Terms and Conditions

Effective Date: 10 November 2024

Welcome to Archiater Studio! These Terms and Conditions (“Terms”) govern your access to and use of our services, including our System-as-a-Service (“SaaS”) products, other solutions, and any related content, services, or website (collectively, the “Services”). By accessing or using our Services or website, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of our Services and website.

1. Acceptance of Terms

By registering, accessing, or using our Services or website, you agree to these Terms, our Privacy Policy, Refund Policy, and any additional terms applicable to specific products or services, which may be updated periodically. Continued use of the Services or website following any changes indicates your acceptance of the updated Terms.

2. Eligibility

Our Services and website are intended for users who are at least 18 years old. By using our Services or website, you represent and warrant that you are at least 18 and have the legal capacity to enter into and comply with these Terms.

3. Account Registration and Responsibilities

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your account and promptly update your information as necessary.
• Take responsibility for all activities under your account and immediately notify us of any unauthorised access or use.

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

4. Licence and Use of SaaS-Based Services and Website

a. Licence Grant:  Archiater Studio grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use our SaaS products, website, and Services for your internal business use, in compliance with these Terms.

b. Permitted Use and Restrictions: 

• You may not copy, modify, reverse engineer, or attempt to derive the source code of our SaaS products or website.
• The Services and website are provided on an “as-is” basis, and Archiater Studio reserves the right to modify, suspend, or discontinue any aspect of the Services or website without notice.

5. Non-SaaS Services

For non-SaaS services, such as consultancy, custom integrations, or project-based services, Archiater Studio shall provide these services in accordance with mutually agreed-upon scopes and specifications. These Terms apply to all engagements unless superseded by a specific agreement.

6. Service and Website Availability and Modifications

We strive to keep our Services and website available at all times, but we cannot guarantee uninterrupted access. Archiater Studio reserves the right to modify, update, or discontinue any part of the Services or website without notice.

7. Payments and Billing

a. Fees and Pricing:

• You agree to pay all applicable fees associated with the Services you have selected, as indicated in the relevant service agreements or pricing plans. 
• Archiater Studio reserves the right to change fees and pricing for any service at its discretion, with notice provided for any subscription changes.

b. Billing and Payment:

• Payment for SaaS subscriptions is required at the start of each billing period unless otherwise specified. 
• Non-SaaS services may require advance payments or be billed according to a payment schedule specified in your agreement.

8. Free Trials and Refunds

Archiater Studio offers free trials for SaaS-based products to allow you to assess our services. After the free trial period, all sales are final, and refunds are subject to the conditions outlined in our Refund Policy.

9. 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 license.

10. User Content and Data

a. User Responsibility:  

You are solely responsible for any data, content, or materials uploaded to or created using our Services and website.

b. Privacy and Data Processing:

• Your personal data will be collected, processed, and retained in accordance with our Privacy Policy.
• You retain ownership of your data and may request its deletion or export as permitted under relevant data protection laws.

11. Prohibited Conduct

You agree not to engage in the following prohibited actions while using our Services or website:

• Attempt to interfere with or disrupt the functionality of the Services or website.
• Use the Services or website for illegal or fraudulent activities.
• Access or scrape the Services or website to build a competitive product or service.
• Share or publish confidential information, intellectual property, or user data without authorisation.

12. Warranties and Disclaimers

Archiater Studio provides the Services and website “as-is” and makes no warranties, expressed or implied, regarding the suitability, availability, or performance of the Services or website. We disclaim all implied warranties to the maximum extent permitted by law.

13. Limitation of Liability

To the fullest extent permitted by law, Archiater Studio shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Services or website. Our total liability for any claim related to the Services or website shall not exceed the fees you paid to Archiater Studio for the specific service in question.

14. Indemnification

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

15. Force Majeure

Archiater Studio shall not be liable for any failure or delay in the performance of its obligations under these 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:

• Acts of God and Natural Disasters: e.g., earthquakes, floods.
• Public Health Crises: Epidemics, pandemics.
• Acts of War and Terrorism: War, terrorist attacks.
• Government Actions: Compliance with government actions or restrictions.
• Labour Disputes and Strikes: Work stoppages or disputes.
• Utility or Internet Failures: Prolonged outages or disruptions.
• Cybersecurity Incidents: Cyber attacks, malicious disruptions.

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 fulfill 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.

16. Termination

Archiater Studio reserves the right to suspend or terminate your access to the Services and website if:

• You violate any provision of these Terms.
• Required payments are not made.
• There is any unauthorised use of the Services or website or conduct harmful to Archiater Studio.

17. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Malaysia. Any disputes arising under these Terms shall be resolved through arbitration, in accordance with the Arbitration Act 2005, with the seat of arbitration in Malaysia, unless otherwise agreed upon in writing.

18. Amendments to Terms

Archiater Studio reserves the right to modify or update these Terms at any time. Updates will be posted on our website and will take effect upon posting. Continued use of our Services and website after any changes constitutes acceptance of the new Terms.

19. Contact Information

For questions or concerns regarding these Terms, please contact us at:

Archiater Studio
support@archiaterstudio.com
Lorong Kudalari, 50450 Kuala Lumpur