These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Awatar Innovations Sdn. Bhd. ("Awatar", "we", "our", or "us"), and govern your access to and use of the Awatar AI chatbot platform, including all associated services, software, web dashboard, and the Awatar WordPress plugin (collectively, the "Platform").
By accessing, installing, or using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Platform.
Awatar reserves the right to amend or update these Terms at any time without prior notice. Any modifications will be posted on the Platform. Continued use of the Platform after such changes constitutes acceptance of the revised Terms.
Use of the Platform is not permitted for individuals under the age of 18. By using the Platform, you represent and warrant that you are at least 18 years old and have legal authority to enter into these Terms.
Certain features may require you to register for an account, providing accurate, current, and complete information. You are responsible for maintaining the confidentiality and security of your account credentials. You agree to notify Awatar immediately of any unauthorized use of your account or any security breach.
You shall only use the Platform for lawful purposes, and in compliance with all applicable laws and regulations.
The Platform, including but not limited to its software, code, algorithms, UI/UX, and design, is owned by Awatar and protected under copyright, trademark, and other applicable laws. No rights or licenses are granted except as expressly set forth herein.
You retain ownership of your Content. By uploading or submitting Content to the Platform, you grant Awatar a non-exclusive, worldwide, royalty-free license to use, host, copy, process, and display such Content for the purpose of operating, maintaining, and improving the Platform.
You shall not upload or submit any content that infringes the intellectual property rights of any third party. Awatar reserves the right to remove or disable access to infringing Content at its sole discretion, without prior notice.
Awatar implements measures designed to comply with the Personal Data Protection Act 2010 (PDPA) and other relevant data protection laws. However, full compliance depends on both Awatar's practices and the User's configuration and use of the Platform.
Users are solely responsible for ensuring that their use of the Platform, including the collection and processing of Personal Data, complies with all applicable laws and regulations.
By using the Platform, you acknowledge and consent to the collection, processing, and use of your data as set forth in our [Privacy Policy], which is incorporated herein by reference.
Awatar does not warrant or represent that use of the Platform will, by itself, ensure compliance with any specific legal obligations applicable to the User.
Awatar shall not be liable for any unauthorized or unlawful processing of Personal Data resulting from User actions or configurations.
By installing and using the Awatar WordPress plugin or related services, you expressly authorize Awatar to crawl, ingest, and process publicly accessible content from your website (including but not limited to pages, posts, and FAQs) for the sole purpose of training and improving the chatbot.
The ingestion process may include automated crawling, as well as manual submission of URLs or documents via the dashboard.
Users are responsible for ensuring that only non-confidential, non-sensitive, and non-copyrighted public data is made available for ingestion.
The Platform utilizes third-party artificial intelligence and cloud services (including but not limited to OpenAI) which may operate outside of Malaysia.
By using the Platform, you consent to the transfer, storage, and processing of your data outside of Malaysia.
Awatar shall not be responsible for any data loss or breach arising from the actions or omissions of such third-party service providers.
Personal Data will be retained only as long as necessary to fulfill the purposes for which it was collected or as required by law.
You may request access to, correction of, or withdrawal of consent to the processing of your Personal Data by contacting hello@awatar.chat. Awatar may require verification of your identity before responding to such requests.
Awatar implements commercially reasonable technical and organizational measures to safeguard Personal Data against unauthorized access, loss, or misuse. However, no method of transmission or storage is completely secure, and Awatar does not guarantee absolute security.
The Platform is provided on an "as is" and "as available" basis without warranties or representations of any kind, whether express, implied, or statutory. Awatar does not warrant that the Platform will be uninterrupted, error-free, or free from security vulnerabilities.
Use of the Platform may involve the use of third-party services (such as OpenAI or cloud providers). You acknowledge and accept any risks associated with such third-party services.
To the fullest extent permitted by law, Awatar and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, goodwill, or website functionality, arising from or related to your use or inability to use the Platform, even if advised of the possibility of such damages.
Awatar shall not be liable for any loss or damages to the User's website, SEO rankings, or data as a result of installing or using the Awatar WordPress plugin.
You are solely responsible for your use of the Platform and any legal issues resulting from misuse, misconfiguration, or unauthorized use.
You agree to indemnify, defend, and hold harmless Awatar and its affiliates from and against any claims, damages, losses, liabilities, or expenses (including legal fees) arising out of or relating to your use of the Platform, your Content, or your violation of these Terms or applicable laws.
You may terminate your account and cease using the Platform at any time via the Platform's user dashboard or by contacting hello@awatar.chat.
Awatar may, at its sole discretion, suspend or terminate your account and access to the Platform, with or without notice, for any reason including but not limited to violation of these Terms.
Upon termination, your right to use the Platform will immediately cease. Awatar will have no liability to you or any third party for termination of your account. Except as required by law, all payments and fees are non-refundable.
Awatar reserves the right to update or modify these Terms at any time. Modifications will be effective upon posting on the Platform.
Continued use of the Platform after any changes constitutes your acceptance of the updated Terms.
For support or technical assistance, contact hello@awatar.chat. Awatar endeavors to respond to support inquiries within two (2) business days; actual response times may vary and are not guaranteed.
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Malaysia.
Parties shall first attempt in good faith to resolve any dispute, controversy, or claim through negotiations. If unresolved, disputes shall be referred to arbitration at the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia. If still unresolved, either party may seek remedies in the Malaysian courts.
Awatar shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, labor disputes, government actions, or internet or utility failures.
Awatar shall not be responsible for actions or omissions of Users. Background checks are performed where feasible, but Awatar does not guarantee or warrant User conduct.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy and any other referenced documents, constitute the entire agreement between you and Awatar regarding the Platform.
No failure or delay by Awatar in enforcing any right or provision of these Terms shall constitute a waiver of such right or provision.
For all notices, questions, or concerns relating to these Terms, please contact:
Email: hello@awatar.chat
Address: B-07-03, Level 3, Garden Shoppe @ One City, JALAN USJ 25/1A, USJ 25, 47650, Subang Jaya, Selangor