Terms and Conditions

• "Platform": The Awatar AI chatbot platform, including the web dashboard, WordPress plugin, APIs, and any software, updates, modifications, or enhancements.
• "User" and "you": Any individual or legal entity accessing or using the Platform.
• "Content": Any data, text, images, documents, URLs, or other materials uploaded, submitted, created, or transmitted through the Platform.
• "Personal Data": Any information relating to an identified or identifiable natural person, as defined by the Personal Data Protection Act 2010 (PDPA) of Malaysia.

2.1 Eligibility

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.

2.2 Account Creation

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.

3.1 Acceptable Use

You shall only use the Platform for lawful purposes, and in compliance with all applicable laws and regulations.

3.2 Prohibited Activities

You shall not, directly or indirectly:

• Engage in unlawful, fraudulent, deceptive, or misleading conduct.
• Infringe or violate intellectual property or proprietary rights of any party.
• Upload, submit, or transmit content that is illegal, harmful, abusive, obscene, or otherwise objectionable.
• Transmit spam, unsolicited messages, or engage in unauthorized solicitation.
• Upload material containing viruses, malware, or other malicious code.
• Attempt unauthorized access to any portion of the Platform or associated systems.
• Interfere with or disrupt the operation of the Platform or the use of the Platform by others.
• Enable the Platform to ingest, process, or store any content which you do not have the legal right to use, or that contains personal data without appropriate notices and consents.

3.3 User Obligations

• You are solely responsible for any Content you create, upload, or submit.
• You must ensure all Content complies with applicable law and does not infringe third-party rights.
• You shall not configure or use the Platform to ingest, process, or expose confidential, sensitive, or personal data unless all necessary legal notices and consents are obtained, and compliance with the PDPA and other relevant data protection laws is ensured.
• You confirm that you have obtained all required permissions from any third parties whose Personal Data is submitted to the Platform.

4.1 Ownership

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.

4.2 User Content

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.

4.3 Third-Party Content

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.

5.1 Compliance

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.

5.3 Automated Content Ingestion

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.

5.4 Third-Party Processing and Cross-Border Transfers

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.

5.5 Data Retention

Personal Data will be retained only as long as necessary to fulfill the purposes for which it was collected or as required by law.

5.6 Data Subject Rights

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.

5.7 Security

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.

6.1 Platform "As Is"

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.

6.2 Limitation of Liability

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.

6.3 Limitation of Liability

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.

6.4 User Responsibility

You are solely responsible for your use of the Platform and any legal issues resulting from misuse, misconfiguration, or unauthorized use.

6.5 Indemnification

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.

7.1 Termination by User

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.

7.2 Suspension or Termination by Awatar

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.

7.3 Effect of Termination

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.

8.1 Right to Modify

Awatar reserves the right to update or modify these Terms at any time. Modifications will be effective upon posting on the Platform.

8.2 Acceptance

Continued use of the Platform after any changes constitutes your acceptance of the updated Terms.

10.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Malaysia.

10.2 Dispute Resolution

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.

12.1 Client Misuse

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.

12.2 Severability

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.

12.3 Entire Agreement

These Terms, together with the Privacy Policy and any other referenced documents, constitute the entire agreement between you and Awatar regarding the Platform.

12.4 Waiver

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