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Terms and Conditions

Welcome to Awatar, an AI chatbot platform developed by Awatar Innovations Sdn. Bhd. ("Awatar", "we", or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Awatar platform ("Platform"). By accessing or using our Platform, you agree to be bound by these Terms. Please read them carefully.

We reserve the right to amend, alter, change, or modify these Terms at any time without prior notice. Any amendments will be posted on our Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

1. Definitions

1.1 In these Terms:

  • 1.1.1 "Platform" refers to the Awatar AI chatbot platform, including any updates, modifications, or enhancements.
  • 1.1.2 "User" and "you" refers to any individual or entity accessing or using the Platform.
  • 1.1.3 "Content" refers to any data, information, text, images, or other materials uploaded, created, or transmitted using the Platform.

2. Eligibility and Account Creation

2.1 Eligibility

  • 2.1.1 There is no minimum age requirement to use the Platform. However, by accessing or using the Platform, you represent and warrant that you have the legal capacity to enter into these Terms under the laws of Malaysia.

2.2 Account Creation

  • 2.2.1 To access certain features of the Platform, you may need to create an account by providing accurate and complete information, including your name, email address, and phone number.
  • 2.2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • 2.2.3 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. User Conduct and Prohibited Activities

3.1 Acceptable Use

  • 3.1.1 You agree to use the Platform only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.

3.2 Prohibited Activities

  • 3.2.1 You shall not use the Platform to:
    • Engage in any illegal, fraudulent, or misleading activities.
    • Infringe upon the intellectual property rights or other proprietary rights of others.
    • Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
    • Transmit spam, unsolicited messages, or any form of unauthorized solicitation.
    • Upload or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
    • Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform.
    • Use the Platform in any manner that could disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.

3.3 User Obligations

  • 3.3.1 You are solely responsible for the Content you create, upload, or share using the Platform.
  • 3.3.2 You must ensure that any Content you upload does not:
    • Violate any applicable laws or regulations.
    • Contain material that infringes any third-party intellectual property rights.
    • Include any personal data that you are not authorized to disclose under the Personal Data Protection Act 2010 (PDPA).
    • Be illegal or harmful to any individual or entity.

4. Intellectual Property Rights

4.1 Ownership

  • 4.1.1 The Platform, including its software, algorithms, design, and any related intellectual property, is the property of Awatar and is protected by copyright, trademark, patent, and other intellectual property laws.

4.2 User Content

  • 4.2.1 You retain ownership of the Content you create, upload, or transmit using the Platform.
  • 4.2.2 By using the Platform, you grant Awatar a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display your Content solely for the purpose of operating and improving the Platform.

4.3 Third-Party Intellectual Property

  • 4.3.1 You agree not to upload or transmit any Content that infringes upon the intellectual property rights of any third party.
  • 4.3.2 Awatar reserves the right to remove any Content that violates these Terms or any applicable laws.

5. Privacy and Data Protection

5.1 Compliance with PDPA

  • 5.1.1 We are committed to protecting your personal data in accordance with the Personal Data Protection Act 2010 (PDPA).
  • 5.1.2 By using the Platform, you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.

5.2 User Responsibility

  • 5.2.1 You are obliged to ensure that any data you upload to the Platform complies with the PDPA and does not contain any illegal material.

5.3 Privacy Policy

  • 5.3.1 Our Privacy Policy is incorporated into these Terms by reference. Please review it carefully to understand our practices.

6. Disclaimers and Limitation of Liability

6.1 Disclaimers

  • 6.1.1 The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
  • 6.1.2 Awatar does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

6.2 Limitation of Liability

  • 6.2.1 To the fullest extent permitted by law, Awatar shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the Platform.
  • 6.2.2 Awatar is indemnified against any copyright issues or legal claims that may arise from your misuse of the Platform or violation of these Terms.

6.3 Indemnification

  • 6.3.1 You agree to indemnify and hold harmless Awatar, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising out of or in connection with your use of the Platform or violation of these Terms.

7. Termination and Suspension

7.1 Termination by User

  • 7.1.1 You may terminate your account at any time by following the instructions provided on the Platform.

7.2 Suspension or Termination by Awatar

  • 7.2.1 Awatar reserves the right to suspend or terminate your account immediately without notice if you violate these Terms or engage in any illegal or harmful activities.
  • 7.2.2 Upon termination, your right to access and use the Platform will cease immediately.

8. Modifications to Terms

8.1 Changes to Terms

  • 8.1.1 We reserve the right to modify these Terms at any time.
  • 8.1.2 Any changes will be posted on the Platform.

8.2 Acceptance of Modified Terms

  • 8.2.1 Your continued use of the Platform after any modifications indicates your acceptance of the new Terms.

9. Governing Law and Dispute Resolution

9.1 Governing Law

  • 9.1.1 These Terms are governed by and construed in accordance with the laws of Malaysia.

9.2 Dispute Resolution

  • 9.2.1 Any disputes arising out of or in connection with these Terms shall first be resolved through good faith negotiations between the parties.
  • 9.2.2 If the dispute cannot be resolved amicably, it shall be referred to arbitration in accordance with the rules of the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia.
  • 9.2.3 If the dispute remains unresolved after arbitration, either party may seek recourse through the courts of Malaysia.

10. Force Majeure

10.1 Non-Liability

  • 10.1.1 Awatar shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, riots, labor disputes, or governmental actions.

11. Miscellaneous

11.1 No Responsibility for Client Misuse

  • 11.1.1 Awatar is not responsible for any misuse of the Platform by users or clients. We conduct background checks; however, we cannot guarantee the actions of users.

11.2 Severability

  • 11.2.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Entire Agreement

  • 11.3.1 These Terms constitute the entire agreement between you and Awatar regarding your use of the Platform and supersede any prior agreements or understandings.

11.4 Waiver

  • 11.4.1 The failure of Awatar to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

11.5 Contact Information

  • 11.5.1 If you have any questions or concerns about these Terms, please contact us at:

    Email: hello@awatar.chat