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Appfuxion Legal
General terms governing website and service usage
GENERAL TERMS OF USE 1. INTRODUCTION 1.1 These General Terms of Use (these “Terms”) govern access to and use of the website at https://www.appfuxion.com (the “Website”), as well as the use of any Services, information, content or functionality made available by Appfuxion Consulting Sdn. Bhd. (Registration No. 201301035882 (1065710-K)) (“Appfuxion” or the “Company”), its subsidiaries, Affiliates and related corporations (collectively, the “Group”). 1.2 By accessing or using the Website or the Services, you confirm that you have read, understood, and agreed to be bound by these Terms, and you consent to the processing of your personal data in accordance with the Privacy Policy published on the Website. 1.3 If you are under the age of eighteen (18) years or otherwise below the legal age of majority or consent under the Applicable Laws of your jurisdiction, you must not access or use the Website and/or Services unless you have first obtained the prior consent of your parent(s) or legal guardian(s). By permitting a minor to access or use the Website and/or Services, the parent or legal guardian irrevocably represents and warrants that he or she has the legal authority to provide such consent on behalf of the minor and agrees that such consent constitutes acceptance of these Terms on behalf of the minor. The Company reserves the right to restrict or terminate access where such consent has not been obtained. 1.4 Under no circumstances shall Appfuxion or any member of the Group be liable for any direct, indirect, special, incidental, or consequential damages, including, without limitation, loss of data, profits, or business opportunities, arising out of or in connection with your access to or use of, or inability to access or use, the materials or services on the Website, even if Appfuxion or its authorized representatives have been advised of the possibility of such damages. You acknowledge and agree that any costs incurred for servicing, repair, or correction of equipment, software, or data resulting from your use of the Website shall be your sole responsibility. 1.5 We shall not be responsible or liable for any outcome, loss, or consequence arising from your use of the Website or Services. We reserve the right, at our sole discretion, to: (a) change, amend, modify, add to, or remove any of these Terms at any time. Any revised Terms shall become effective immediately upon being displayed on the Website, without any further notice to you. By continuing to use the Website or the Services, you agree to be bound by such revisions; and (b) change, modify, suspend, or discontinue all or any part of the Website or Services at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, Website or Services, without notice or liability. 2. DEFINITIONS 2.1 Capitalized terms used in these Terms shall have the following respective meanings: (a) “Affiliates” means any individual or business entity that controls, is controlled by, or is under common control with a party where control means ownership, directly or indirectly, of 50% or more of the voting power (or equivalent). (b) “Agreement” means these Terms, any Order issued by the Company, any Ancillary Documents, and any additional terms, conditions, or policies as may be introduced or amended by the Company from time to time, each of which shall be deemed incorporated herein by reference. (c) “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject. (d) “Business Day” means a day on which banks are open for business in Kuala Lumpur (other than a Saturday or Sunday or gazetted public holidays). (e) “Cookies” means small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. (f) “Customer Content” means any content, data, code, information, or materials that you or your Users provide, submit, upload, or make available to Appfuxion in connection with your use of, or resulting from your authorized use of, the Website or the Services, excluding any content generated solely by Appfuxion. (g) “Customer Systems” means servers, systems, platforms, networks, applications, databases, computers, mobile devices or other endpoints (physical or virtual) on which any On-Premises Product is installed, or from which SaaS Products are accessed, that are owned, operated or managed by, or on behalf of, you and your Affiliates. (h) “Documentation“ means the then-current official user documentation provided by Appfuxion for the applicable Product. (i) “Intellectual Property Rights” means all registered or unregistered intellectual property rights worldwide, including, without limitation, copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, designs, domain names, database rights, and any other proprietary rights recognised under Applicable Laws, whether existing now or in the future. (j) “On-Premises Products“ means our software products that are installed and run on Customer Systems. (k) “Order” means the order document approved by Appfuxion that you submit, or Appfuxion authorized reseller submits on your behalf, to Appfuxion that specifies the Services ordered and the applicable subscription term, quantities, license metrics, fees, billing and payment terms and other terms. (l) “Products” means On-Premises Products and SaaS Products. (m) “Professional Services” means professional services (excluding support) and any deliverables, as applicable, provided by Appfuxion and described in the applicable Order. (n) “SaaS Products” means our hosted or cloud-based products that are provided by us on a software-as-a-service basis including any related software provided by us to access or use the product from Customer Systems. (o) “Services” means the Products, Documentation and Professional Services that Appfuxion or any member of the Group provides to you under the Agreement. (p) “Taxes” means all taxes, levies, duties, imposts, assessments, charges, fees, or withholdings of any kind, whether federal, state, local, or foreign, including, without limitation, sales and services, use, value-added, withholding, excise, property, and other similar taxes, together with any interest, penalties, or additions imposed in connection therewith. (q) “Term“ means the term specified in the Order during which Customer may use the Services, including any renewal terms. (r) “Users” or “Customer” means you, the entity entering into the Agreement with the Company, and includes your Affiliates’ employees, contractors, or service providers who are expressly authorised by you to access or use the Website and/or Services. (s) "you" or “your”, means any person who accesses or uses the Website and/or the Services, including any individual acting on behalf of a minor, company, or other entity, as applicable. 3. LICENSE AND USE OF SERVICES 3.1 On-Premise Products. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the On-Premise Products and Documentation during the Term solely for your internal business purposes, subject to the terms of the Agreement, including payment of fees. 3.2 SaaS Products. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the SaaS Products and Documentation during the Term, solely for your internal business purposes, subject to the terms of the Agreement, including payment of fees. 3.3 Restrictions on Use. You and your Users must not, and shall not permit any third party to: (a) Decompile, disassemble, reverse engineer, attempt to derive the source code of, modify, or create derivative works of any Services, except as expressly permitted by applicable law and with prior written notice to the Company; (b) Copy, reproduce, republish, post, or transmit any Services, except for archival or backup copies of software that the Company makes available to you for download; (c) Sell, resell, rent, lease, license, sublicense, assign, distribute, or otherwise transfer any Services to any third party, except as expressly authorised in writing by the Company; (d) Permit anyone other than authorised Users to access or use any Services; (e) Incorporate any Services into any product or service provided to a third party, except as expressly authorised in writing by the Company; (f) Use any Services to develop or operate products or services that compete with the Company; (g) Publish, disclose, or communicate information regarding the availability, performance, or functionality of any Services to any third party, including any benchmarking; (h) Remove, alter, or obscure any proprietary notices or markings in any Services; (i) Use the Services in any hazardous environment where failure could result in death, personal injury, or physical or environmental damage; (j) Attempt to gain unauthorised access to, or circumvent any technical limitations of, the Services; (k) Use any Services to store, transmit, or distribute malicious code, malware, viruses, Trojan horses, spam, or any other destructive technology; (l) Disrupt, interfere with, or compromise the security, integrity, or availability of the Services, or any third party’s use thereof; (m) Perform any attack, scan, test, probe, penetration test, or other security assessment on the Services hosted in any third-party cloud environments; (n) Use any Services in violation of this Agreement, the rights of any third party, or any applicable law; or (o) Allow, encourage, or assist any third party to engage in any of the foregoing acts. Any breach of this Section 3.3 will be considered a material breach. 3.4 Limits on Use. Your use of the Products is strictly limited to the edition, license type, quantities, and metrics specified in the Order or Agreement. You are solely responsible for all actions taken by your Users or through any access credentials provided to you for the Products (“User IDs”). You must immediately notify the Company if you become aware of any unauthorized use of the Products or any User ID. The Company reserves the right to restrict or disable access to any features of the Products that are not licensed to you, even if such features were initially made accessible at the time of delivery, 3.5 Support. The Company will provide support for the Products during the Term in accordance with the applicable Agreement. Appfuxion will not be obligated to provide support for issues arising from unauthorized use of the Products, use of the Products not in accordance with the Documentation or services for which Appfuxion charges separate fees. 4. INTELLECTUAL PROPERTY 4.1 Appfuxion, its Affiliates and licensors retain all right, title and interest to the Services (including derivative works) and all related Intellectual Property Rights. The Services are licensed, not sold, unless otherwise agreed in the Agreement. The use of terms such as “purchase” or “sale” will not be interpreted to imply a transfer of ownership. Your rights to the Services are limited to the rights expressly granted in these Terms. 4.2 You, your Affiliates, and your licensors retain all right, title, and interest in and to your Customer Content, including all associated Intellectual Property Rights. By providing Customer Content to the Company, you grant the Company, its Affiliates, and its service providers a worldwide, non-exclusive, limited, revocable license to access, use, host, store, reproduce, and process such Customer Content solely for the purpose of providing the Products and/or Services and as otherwise expressly permitted under this Agreement. Except for the limited rights expressly granted herein, the Company does not acquire any ownership or other rights in your Customer Content. 4.3 The Products and/or Services may include Open-Source Software. You acknowledge that Open-Source Software is licensed to you under its own license terms, and those terms govern your use of such Open-Source Software. The Company does not provide a list of Open-Source Software included in the Products, and makes no representations or warranties regarding the Open-Source Software. In the event of any conflict between these Terms and the applicable Open-Source Software license terms, the license terms for the Open-Source Software shall govern solely with respect to that Open-Source Software. 5. ENGAGEMENT AND PAYMENT 5.1 You may purchase the Services directly from Appfuxion, its Affiliates, or through an Appfuxion-authorized reseller. Services will be made available to you upon your acceptance of an Order. An Order is deemed accepted when you sign the Order or Agreement. For the avoidance of doubt, your signature alone on any unaltered Order form provided by Appfuxion is sufficient to create a binding contract. All Orders are non-cancelable and non-refundable except as expressly provided in these Terms. 5.2 If you purchase through an Appfuxion-authorized reseller: (a) Sections 5.4 (Fees and Payment) and 5.5 (Taxes) do not apply; the reseller will invoice you directly and you must pay the reseller; (b) Your Order details shall be as submitted by the reseller on your behalf; and (c) The reseller is not authorized to amend this Agreement or make warranties, representations, promises, or commitments on behalf of Appfuxion. 5.3 Your Order will be placed with the Appfuxion Affiliate indicated in the Order. You may authorize your Affiliates to submit Orders under these Terms, provided that you remain fully responsible for your Affiliates’ compliance with this Agreement. 5.4 Appfuxion will invoice you for the fees specified in the Order or Agreement after acceptance. Unless otherwise stated in the Order or Agreement, fees are due thirty (30) days from the invoice date. Fees apply to the current versions of the Services, and you acknowledge that you are not relying on the future availability of any feature or functionality in consideration for such fees. If you fail to pay any amount when due, Appfuxion may, at its sole discretion, impose late payment interest of one percent (1%) per month and suspend the Services until all outstanding amounts are paid, or terminate the applicable Order or Agreement. 5.5 All fees are exclusive of Taxes. You shall pay or reimburse Appfuxion for all Taxes arising from transactions under this Agreement. If applicable law requires you to withhold or remit any amount, you shall notify Appfuxion of the withholding amount when placing the Order, and Appfuxion will invoice you for the gross-up amount so that Appfuxion receives full payment of the fees due. 5.6 All fees payable under the Agreement, including any upfront, subscription, or milestone-based fees, are non-refundable, except as expressly provided in the Agreement. You acknowledge and agree that payment of the fees is a condition precedent to the provision of the Services and that no portion of any fees will be refunded under any circumstance, including but not limited to termination, suspension, or partial use of the Services. 6. USER SUBMISSIONS 6.1 Any feedback, comments, ideas, improvements, suggestions, reviews, ratings, photographs, videos, ideas (collectively, "Contents") provided by you to us with respect to the Services shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Contents for any purpose and in any way without any credit or any compensation to you. 6.2 The User further agrees and warrants that the User shall not submit any Content: • That is known by the User to be false, inaccurate or misleading. • That infringes any third party's copyright, patent, trademark, trade secret or any other intellectual or proprietary rights or rights of publicity or privacy. • That breaches any Applicable Laws (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). • That discloses private information of any third party, including without limitation, addresses, phone numbers, email addresses, national insurance numbers and credit card numbers, or otherwise violates the rights of any third party, including without limitation, privacy rights. • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory based on sex or gender to any of the Merchant and/or third party. • That is offensive, profane, vulgar, obscene or inappropriate language. • That impersonates, or misrepresents the User’s connection with, any entity or person. • That contains any computer viruses, worms or other potentially damaging computer programs or files. 6.3 The User agrees that the User be solely responsible for the Content of its submission, and any comments the User makes. The User shall be solely liable for any damages resulting from any breach by the User from any harm resulting from the User’s submission of Content. Appfuxion does not represent or warrant that any Content submitted by the User is accurate, and or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity. 6.4 The User agrees to indemnify Appfuxion (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, dealers, and any third-party service provider) and keep Appfuxion indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related to: (i) the User’s Content; (ii) any breach of the User’s representations and warranties as set out above; and/or (iii) any breach of any Applicable Laws, or the User’s interference with the rights of a third party. 6.5 The User understands the Website is public and that if the User posts any Content, Appfuxion may use, modify, edit, delete, translate or republish such Content and that the User agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by Appfuxion. For the avoidance of doubt, Appfuxion shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the User’s submissions and the User’s interactions via the Website: • to monitor or review the User’s submission of Content; • to remove or refuse to post any Content within the Website that Appfuxion deems, in its sole discretion, which violates the submission guidelines as may be prescribed by Appfuxion; and • to suspend or terminate the User’s access to the submission of Content on the Website as Appfuxion deems appropriate in the circumstances. 7. LINKS TO OTHER WEBSITES 7.1 Our Website may contain links to other websites that are not operated by us ("Third-Party Websites”). We do not control the Third-Party Websites to which our links and assumes no responsibility for their content, terms and conditions or privacy policies and/or statements. Third-Party Websites and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. This includes any company providing online payment via credit card or e-banking. 8. COOKIES 8.1 We use "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our Website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. Like many web site operators, we also use the independent companies to measure and analyse the internet usage across the Website. This aggregate, non-personal data is collected by such independent companies provided to us to assist in analysing the usage of the Website. We also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes. 9. WARRANTIES 9.1 Appfuxion warrants that, for the duration of the Term the Services will be provided in a professional and workmanlike manner consistent with generally accepted industry standards; and the Services will materially conform to the specifications set out in the applicable Order or Agreement. 9.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, THE SERVICES AND ALL DELIVERABLES ARE PROVIDED “AS IS” AND APPFUXION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 9.3 You acknowledge that you are solely responsible for determining the suitability of the Services for your intended purposes and that Appfuxion does not warrant that the Services will meet all your requirements or be error-free, uninterrupted, or free of defects. 9.4 The express warranties set forth in this Section 9 (Warranties) are in lieu of all other warranties. Appfuxion makes no warranties with respect to any Open-Source Software or Third-Party Website. To the maximum extent permitted by law, Appfuxion disclaims all other warranties, whether express, implied or statutory (including any implied warranties of merchantability, fitness for a particular purpose, title or noninfringement), and any warranties arising from usage of trade, course of dealing or course of performance. 10. UPDATES 10.1 We may from time to time provide enhancements or improvements to the features/ functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Website. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to these Terms and Agreement. 11. TERM AND TERMINATION 11.1 The Agreement will remain in effect for the Term of all Orders accepted under the Agreement unless earlier terminated under this Section. 11.2 Appfuxion may, at its sole discretion, suspend or terminate your access to the Website or Services at any time, with or without notice, for any reason, including but not limited to breach of these Terms and/or Agreement, unlawful, fraudulent, or unauthorized use of the Website or Services, or for operational or business reasons. 11.3 You may stop using the Website or Services at any time. Termination by you does not relieve you of any obligations incurred prior to termination, including payment obligations and compliance with these Terms or Agreement. 11.4 Upon termination or expiration of these Terms: (a) all rights granted to you shall immediately cease; (b) you must stop using the Website and Services; (c) all fees paid are non-refundable; and (d) Appfuxion may, at its sole discretion, allow you to use any remaining paid resources within a limited period, after which they will expire and shall not be refundable or transferable. 12. INFRINGEMENT OF COPYRIGHT 12.1 If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner. 13. INDEMNIFICATION 13.1 You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, successors, assignees and licensors (if any) harmless from and against any claim, demand, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with: (a) use of the service; (b) violation of these Terms or any Applicable Laws; (c) violation of any right of a third party; or (d) Appfuxion’s enforcement or attempt to enforce the obligations of the User; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of Appfuxion’s negligence. 14. LIMITATION OF LIABILITY 14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER APPFUXION NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF APPFUXION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14.2 Notwithstanding anything to the contrary in this Agreement, Appfuxion’s aggregate liability to you for any and all claims, losses, or damages arising under or in connection with this Agreement, whether in contract, tort, or otherwise, shall be governed solely by the terms of the relevant Agreement. 15. SEVERABILITY 15.1 If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 15.2 These Terms, together with the Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 16. WAIVER 16.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. 16.2 No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between these Terms and any applicable Agreement or Order, the terms of the applicable Agreement or Order shall govern. 17. DISPUTE RESOLUTION 17.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services (a “Dispute”), you must notify Appfuxion in writing. The parties shall attempt in good faith to resolve the Dispute through negotiation within fifteen (15) days of such notice. 17.2 If the Dispute is not resolved through negotiation within the specified period, the Dispute shall be finally resolved by arbitration conducted in Kuala Lumpur, Malaysia under the rules of the Asian International Arbitration Centre (AIAC) in force at the time. The arbitral tribunal shall consist of one arbitrator appointed by Appfuxion, and the arbitration shall be conducted in English. The award of the arbitrator shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction. 17.3 Notwithstanding the foregoing, Appfuxion may seek injunctive relief, specific performance, or any other equitable remedy in any court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights, without waiving its right to arbitrate other Disputes. 17.4 You shall continue to perform all obligations under these Terms during the pendency of any dispute or arbitration. 18. TYPOGRAPHICAL ERRORS All information, descriptions, pricing, specifications, and other materials provided on the Website, in Orders, or in any related documentation are subject to typographical errors, omissions, or inaccuracies. Appfuxion reserves the right, at its sole discretion, to correct any such errors, update information, or refuse or cancel any Orders, transactions, or Services based on such errors. No action taken by Appfuxion pursuant to this clause shall give rise to any claim against Appfuxion, and you acknowledge that Appfuxion shall have no liability for any direct or indirect loss or damage arising from typographical errors or other inadvertent mistakes. 19. MISCELLANEOUS If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. 20. GOVERNING LAW These Terms shall be governed by and construed in all respects in accordance with the laws of Malaysia. 21. DISCLAIMER We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services. We reserve the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice. 22. CONTACT US If you have any questions, concerns, or requests regarding these Terms or the Website, please contact us at: Appfuxion Consulting Sdn. Bhd. Address: A-27-02, Level 27, Block A, The Vertical, Bangsar South, No 8 Jalan Kerinchi, 59200, Kuala Lumpur, Malaysia Email Address: sales@appfuxion.com Contact Number: +603-2702-2988