Terms of Service

Last Updated: December 14, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of Automatte's website and automation services. By:

• Accessing or using our website at automatte.asia
• Engaging our automation services
• Submitting contact forms or consultation requests
• Creating an account or using our platform

You agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Automatte provides comprehensive business automation solutions designed to streamline operations and increase efficiency. Our services include:

2.1 Service Levels

We offer different service tiers to meet varying business needs:

• Consultation Services: Strategic planning and recommendations
• Implementation Services: Custom automation solution development
• Managed Services: Ongoing monitoring, maintenance, and support
• Enterprise Solutions: Comprehensive automation transformation

3. User Accounts and Registration

3.1 Account Creation

To access certain services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all risks of unauthorized access to your account
• Notify us immediately of any unauthorized use

3.2 Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining confidentiality of your login credentials
• Ensuring your account information is current and accurate
• Complying with all applicable laws and regulations

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to:

4.2 Prohibited Activities

You are prohibited from using our services:

• For any unlawful purpose or to solicit unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Automatte and its licensors. The Service is protected by copyright, trademark, and other laws.

5.2 Customer Data and Solutions

Regarding automation solutions we develop for you:

• Custom Developments: You own the custom automation solutions developed specifically for your business
• General Knowledge: We may use general knowledge gained from projects for other clients (without disclosing confidential information)
• Pre-existing Materials: We retain ownership of pre-existing tools, frameworks, and methodologies
• Third-party Components: Solutions may include third-party components subject to their respective licenses

5.3 License Restrictions

We grant you a limited, non-exclusive, non-transferable license to use our services. This license does not permit you to:

• Reverse engineer, decompile, or disassemble our software
• Remove or modify any copyright or proprietary notices
• Distribute, sublicense, or transfer your access to others
• Use our services to compete with our business

6. Payment Terms

6.1 Service Fees

Payment terms and fees are specified in individual service agreements and may include:

• Consultation Fees: Fixed or hourly rates for strategy and planning services
• Implementation Fees: Project-based pricing for custom development
• Recurring Fees: Monthly or annual fees for managed services
• Custom Pricing: Enterprise solutions with tailored pricing

6.2 Payment Terms

• Payments are due within 30 days of invoice date unless otherwise specified
• Late payments may incur interest charges at 1.5% per month
• Large projects may require deposits or milestone payments
• All fees are exclusive of applicable taxes

6.3 Refund Policy

Refunds are provided under the following conditions:

• Consultation services: 24-hour cancellation notice required
• Implementation projects: Refunds available before development begins
• Recurring services: 30-day notice required for cancellations
• Custom solutions: Terms specified in individual project agreements

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to maintain confidentiality regarding:

• Business processes and methodologies
• Technical specifications and code
• Customer lists and business information
• Financial data and pricing information
• Any other non-public information

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of these Terms
• Was known prior to disclosure under these Terms
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

8. Service Availability and Support

8.1 Service Level Agreements

We strive to provide reliable services with the following commitments:

• Uptime: 99.9% uptime for hosted automation solutions
• Response Time: Critical issues addressed within 4 hours
• Support Hours: Business hours support with emergency after-hours availability
• Maintenance: Scheduled maintenance with 48-hour advance notice

8.2 Support Services

Our support includes:

• Technical troubleshooting and issue resolution
• Performance monitoring and optimization
• Security updates and patches
• Documentation and training materials
• Regular system health checks

9. Limitation of Liability

9.1 Service Limitations

While we strive for excellence, our liability is limited as follows:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid for the specific service giving rise to the claim
• We are not responsible for third-party system failures or outages
• Liability for data loss is limited to restoration from backups

9.2 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including:

• Natural disasters, acts of God
• War, terrorism, civil unrest
• Government actions or regulations
• Internet infrastructure failures
• Cybersecurity incidents or attacks

10. Indemnification

You agree to defend, indemnify, and hold harmless Automatte and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our services in violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through our services
• Your breach of any representations or warranties

11. Termination

11.1 Termination by You

You may terminate your account or service agreements:

• With 30 days written notice for recurring services
• Immediately for consultation services with 24-hour notice
• According to terms specified in custom project agreements

11.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms.

11.3 Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• All provisions that should survive termination shall survive
• We will provide reasonable assistance in data export (if requested)
• Outstanding invoices remain due and payable

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in Kuala Lumpur, Malaysia, under the rules of the Asian International Arbitration Centre.

12.3 Class Action Waiver

You agree to resolve disputes individually and waive participation in class action lawsuits.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting updated Terms on our website
• Sending email notifications to affected users
• Providing 30 days advance notice for significant changes

Your continued use of our services after any such changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

15. Contact Information

16. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Automatte regarding the use of our services.