Ap Saya Technologies Sdn. Bhd., henceforth referred to as “Appsaya”, is a full solution of business matchmaking used by everyone who participates in events (visitors, exhibitors and organizers).
Appsaya is a full appointment-scheduling solution used by everyone involved in businesses (owner, employee, customer).
Description of the Services
AppSaya is software(s) (the “Platform”) that allows you to:
Organize networking meetings ;
Organize and amend appointments;
Send e-mailing campaigns ;
Manage your customer contacts (CRM) ;
Assess your results with reports and metrics ;
Hereinafter referred to as the “Service (s)”.
These Terms govern your use of the Services; by completing the registration process, you agree to be bound by these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use our Platform.
AppSaya provides the Platform and the Services subject to your compliance with these Terms.
Your remedy for dissatisfaction with the Platform or any Services is to stop using the Platform and/or those Services.
Access to the Platform
To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide will be correct, current, and complete and that you will abide by these Terms. If AppSaya believes that the information you provide is not correct, current, or complete, that you have violated any provision in these Terms, AppSaya has the right to refuse you access to the Platform, to suspend your access to any of the Services, or to temporarily suspend or permanently terminate your account.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you (or your company) and agree not to provide any other person with access to the Platform. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
During the term of your subscription and subject to your compliance with these Terms, AppSaya provides you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Platform and its content.
During the term of your subscription, you grant to AppSaya a world-wide, non-exclusive, royalty-free license, with the right to copy, use, sublicense, adapt, modify, distribute, transmit, stream, broadcast, make available and otherwise use and exploit the contents you provide us with.
AppSaya may also ask you to locate yourself by using the Platform for proper performance of the Services. You can accept or refuse. If you accept, you grant to AppSaya a license to use your localization data.
AppSaya undertakes not to make any commercial use of the contents you shared on the Platform with third parties or non-affiliated companies without your express consent.
You may use the Platform for purposes expressly permitted by these Terms.
As a condition of your use of the Platform and Services, you warrant to us that you will not use the Platform or Services for any purpose that is prohibited by these Terms, and will do none of the following:
Post or store on the Platform any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents text, digital files or other material that violates or infringes anyone’s intellectual-property rights (including copyrights, trademarks, trade secrets, patents or confidential ideas);
Conduct or promote any illegal activities while using the Platform or Services;
Upload, distribute or print anything that may be harmful to minors;
Transmit any material which violates or infringes upon the rights of others, or unlawful;
Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
Attempt to reverse engineer or jeopardize the correct functioning of the Platform or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Platform;
Attempt to gain access to secured portions of the Platform or Services to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Platform or Services;
Upload or transmit any form of virus, Trojan horse, or other malicious code;
Use the Platform or Services to generate unsolicited email advertisements or spam;
Use any automatic or manual process to harvest or scrape any information or content from the Platform or Services. Any scraping of content from the Platform for any reason, either through automated or manual means, is strictly prohibited;
Interfere in any way with the proper functioning of the Platform and Services;
Use the Platform or Services in any manner which could disable, overburden, damage, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
Impersonate another user or an employee of AppSaya, or its partners or providers;
Display the Platform’s content or property without the express prior written permission of an authorized representative of Eventtia;
Co-brand the Platform without the express prior written permission of an authorized representative of AppSaya. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Platform or its content.
If you subscribe to the Platform, different subscriptions are available depending on the Services needed and the level of usage. The price of the Services provided by AppSaya is fixed according to the current prices in force at the day of the order.
AppSaya reserves the right to change its prices at any time but AppSaya undertakes to apply the current prices in force at the day of the order.
AppSaya shall promptly notify you of any change of prices, by email, and you will be able to terminate your subscription if these changes do not suit you.
We will bill your credit card for all charges for Services by bank transfer. Recurring charges shall be billed in advance of Services.
You agree to provide us with accurate and complete billing information as required for us to process the fee, including, for example, valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 5 business days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our sole option, suspend or terminate your subscription to the Platform and require you to pay the overdue amount immediately by other means acceptable to us.
You agree that, until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service.
In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
AppSaya intellectual property rights
AppSaya retains all rights, title, and interest in and to the Platform and Services and any material AppSaya makes available through the Platform. This includes AppSaya name and logo, all related names, logos, product and service names, designs and slogans and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights.
AppSaya does not claim ownership of the content you submitted to the Service that remains your sole property.
You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, or any other proprietary notice. Modification or use except as expressly provided in these Terms violates AppSaya or any third party’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Platform. Notwithstanding this provision, you are not permitted to use the content of another user.
These Terms start on the date you accept it and will continue during a minimum period of six (6) months without possibility of earlier termination. Then these Terms will continue until your subscription has expired, been canceled or terminated.
Modifications and updates of Services
The Platform and Services may need updates from time to time.
These updates may temporarily disrupt use of the Platform or Services and are designed to improve, enhance, and further develop the Platform or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services.
You agree to receive such updates as part of your use of the Services.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. The manner, mode, and extent of advertising by or permitted by us on the Platform are subject to change without specific notice to you. In consideration for our granting you access to and use of the Platform and Services, you agree that we may place such advertising on the Platform or Services.
Please note that some users of the Platform or third parties may also post announcements, advertising and promotions which are not under our control.
Security and Privacy
AppSaya reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing AppSaya to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
AppSaya, from time-to-time, may collect personally identifiable information (“Personal Information”). This includes name, address, phone numbers, email addresses that you provide information collected electronically about how you use the Platform.
BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS APPSAYA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APPSAYA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EVENTTIA OR LAW ENFORCEMENT AUTHORITIES.
You agree that all information or data of any kind related to the content, communication, advertising, promotion or localization data, publicly or privately, directly or indirectly provided by you or by a third party approved by you, shall be your sole responsibility. AppSaya shall not be responsible to you in any way for such content.
AppSaya shall not be liable, in any way, for your use of the Services with your own users and participants.
You will indemnify and hold AppSaya harmless from any breach of these Terms by you, including any use of the Platform and Services other than as expressly authorized in these Terms and for any content submitted by you, and more generally for your relations with your users through the Services.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Services.
To the maximum extent permitted by law, we hereby disclaim all statutory warranties, with respect to the Services, the Application and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Services. Except as expressly set forth herein we make no warranties about the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Site, the Application or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, Application or Site are free of computer viruses, contaminants or other harmful items.
Limitation of liability
APPSAYA WILL NOT BE LIABLE FOR ANY, INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME OR DATA OR, ARISING OUT FROM THE USE OF THE PLATFORM AND CONTENT.
IN NO EVENT WILL THE LIABILITY OF APPSAYA CAN EXCEED THE AMOUNT OF THE PRICE PAID BY YOU DURING THE LAST TWELVE MONTHS PRECEDING THE OCCURRENCE OF THE DAMAGE.
AppSaya may send you, in electronic form, information about the Platform, additional information, and information the law requires AppSaya to provide.
AppSaya may provide required information to you by email at the address you specified when you signed up for the Platform. Notices emailed to you will be deemed given and received when the email is sent.
If you don’t consent to receive notices electronically, you must unsubscribe from the mailing list via the Platform or inform us by email.
Language of the Terms
The English version of terms shall prevail over the other versions and is the authentic text bidding AppSaya in the event of inconsistencies between the different versions.
This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.