End User Agreement | APPLIED IT

ARIES SUBSCRIPTION END USER

SOFTWARE LICENSE AGREEMENT

This End User License Agreement (this “Agreement”) is between the legal entity or entities that accept(s) this Agreement by physical or electronic signature, or by a click-through acceptance (“Licensee” or “Customer”), and APPLIED IT SDN BHD (“AIT”). This Agreement is effective as of the earlier of the date set forth on the signature page hereto or the date on which this Agreement is accepted through an accompanying Order Form, as applicable (such date, the “Effective Date”).

This Agreement applies to all software licensed from or any service provided by AIT, including any pre-release or beta versions of the software, any support services or professional services performed by AIT, any hardware provided by AIT with software pre-installed, any demonstration or trial versions of the software, and the documentation. If Licensee is bound to more than one agreement with AIT with respect to the software or the service(s), and if those agreements terms vary, then the order of precedence of those agreements is as follows: an agreement executed by AIT and licensee that expressly supersedes all other agreements, an electronic version of an agreement accepted pursuant to an order form or formal written quote, and any other electronic agreement provided with the Software.

Definitions

For the purpose of these terms and conditions, the following terms have the meaning as defined below:

“AIT”, “Our” or “We” in this Terms of Use refer to APPLIED IT Sdn Bhd, includes it affiliated companies
“You”, “Your”, “User”, “Visitor”, “Customer” refer to person or entity that uses or access to AIT service and products.
“Service or Products” refer to hardware, software, websites and cloud services respectively or as a combination offered by AIT.
“On-Premise” refer to entire service or partial service that deployed within your physical building.
“Cloud service” refer as software service delivered via over internet. The software is hosted in secured data center, provided by 3rd party hosting vendor.
“Facial recognition” or “FR” refer to technology that able to recognise human face
‘ARIES” is one the products or services offered by AIT. ARIES may be offered as standalone cloud service or combined with facial recognition hardware.

1. Privacy

We respect your privacy and you may refer to our privacy statement. Our privacy policy is incorporated by reference into this agreement.

2. Use of the Service

In order to use our website and/or our services, your company must be incorporated in Malaysia and governed by Malaysia law.

You are responsible for maintaining the security of your account and password.

Our service may comprise of hardware, software and cloud service. The entire or partial service can be deployed at your premise or delivered via internet.

You will be responsible to maintain, administrate and operate the on-premise service.

We will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person - a single login shared by multiple people is not permitted.

You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to privacy and confidentiality infringement, copyright or trademark laws).

If you are using the service includes the use of facial recognition hardware, it is your responsibility to operate, maintain, administrate and ensure the security of the hardware as well as the data within your own premise.

All the data registered in the hardware is belong to you and it is your responsibility to maintain and administrate it. A fraction of data will be stored in the cloud service for maximum 90 days. Data more than 90 days shall be purged from the services.

Our service may not be available to be accessed from all regions and countries of the world. We reserves the right, in its sole discretion, to limit or terminate your ability to access our service from certain regions or countries, and you assume all risk associated with the accessibility of our service from any given region or country of the world.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Our service availability is subject to the availability of these third party service providers.

You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service

You agree not to reproduce, distribute, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without our express written permission.

We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

3. Payment

We do not receive or accept payment from our website, all sales are based on purchase order via email, fax and hard copy. Payment shall be transferred from company bank to our company bank account.

The service is bill according to terms as stated in the sales quotation.

There will be no refunds or credits for partial months or years of service

Customer that purchase the service through leasing option, shall bind to respective leasing term.

Cancellation or termination of service within the leasing period is not allowed.

For up right purchase, the hardware is belong to you and you can opt not to using the service.

Otherwise stated in the quotation or proposal, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

4. Warranties & responsibility for services

The warranty only applicable to the service with facial recognition hardware.

When we receive a valid warranty claim for a hardware purchased from us, we will either repair the relevant defect or replace the hardware. If we are unable to repair or replace the hardware within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the hardware to us. We will pay for shipment of repaired or replaced hardware to customer and customer will be responsible for return shipment of the hardware to us.

5. Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of AIT. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

6. Right to suspend or cancel service

We may permanently or temporarily terminate or suspend your access to the cloud service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to leasing, subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

7. Modifications to the Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the cloud service (or any part thereof) with or without notice.

Our prices, including but not limited to annual subscription plan fees, 3rd party leasing plan and upright purchase are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the AIT websites, email communication or the service itself.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

8. Copyright and Content ownership

We claim no intellectual property rights over the material you provide to the service. Your data uploaded remain yours.

You agree to defend us against and hold us harmless from any claim, demand, suit or proceeding made or brought against us by a third party alleging that your data, or use of the service in violation of these terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any awarded damages and our reasonable attorney’s fees incurred in connection with any such claim, demand, suit or proceeding; provided, that we (a) promptly give you written notice of the claim, demand, suit or proceeding; (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (c) provide you reasonable assistance, at your expense.

9. Disclaimers and Limitation of Liability

The service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website and service. We makes no warranty that the functionality of the website and service will be uninterrupted or error free, that defects will be corrected or that the website or the service that makes it available are free of viruses or anything else, which may be harmful or destructive.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, privacy and confidentiality infringement, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein (v) statements or conduct of any third party on the service; (vi) or any other matter relating to the service.

Our failure to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).

10. Indemnity

You agree to indemnify, defend and hold AIT, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to AIT Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on AIT Website and service.

11. Promotion

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

12. Governing Law

These Terms and Conditions shall be construed in accordance with and governed by the law of Malaysia and you hereby agree to submit to the exclusive jurisdiction of the Malaysian courts.

13. Contact Us

If there are any questions or concerns regarding this Terms of Service or the consent practices outlined herein, please contact us as follows:

Email: admin@AIT.com.my

Mail: D815, Capital 4, Oasis Square, No.2, Jalan PJU1A/7A, Oasis Damansara, 47301 Petaling Jaya, Selangor

Phone: +603-7629 8620