Welcome to Xyberteq Innovations Sdn. Bhd. (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our products and services, including Sentient Spire QCS™ (core platform), Sentient Spire Advisory, Sentient Spire Exposure Intelligence, and Sentient Spire Mobile Solution. By accessing or using our services, you agree to these Terms and our Privacy Policy.
1. Accounts and Eligibility
You must be at least 18 years old and have legal capacity to enter into a contract. You are responsible for safeguarding your credentials and for activities under your account.
2. Acceptable Use
You will not misuse the services, including attempting unauthorized access, reverse engineering, interfering with service availability, or using the services to violate applicable laws.
3. Customer Data and Security
You retain ownership of your content and personal data. We implement technical and organisational measures to protect data, including encryption in transit and at rest, least-privilege access, and audit logging. See our Privacy Policy for details on processing and data subject rights.
4. Service Levels and Support
Where a separate Master Service Agreement (MSA) or Order Form sets uptime or support SLAs, those documents prevail. Otherwise, services are provided on a commercially reasonable basis.
5. Sub-processors and Third-Party Services
We may use sub-processors (e.g., Google Cloud) to deliver functionality. A current list is available upon request. Your integrations with third parties are governed by their terms.
6. Intellectual Property
All intellectual property in our software, documentation, and platforms is owned by Xyberteq Innovations Sdn. Bhd. You obtain a non-exclusive, non-transferable right to use the services for your internal business purposes, subject to these Terms.
7. License Restrictions
You will not copy, modify, distribute, host, or resell the services, nor use them to build a competing product or service.
8. Confidentiality
Each party shall keep confidential all non-public information received from the other and use it solely for performing under these Terms or applicable agreements.
9. Data Protection and Transfers
We comply with GDPR, PDPA (Malaysia), and other applicable laws. International transfers outside the EEA rely on the EU SCCs (2021/914) and additional safeguards. You can contact our DPO at privacy@xyberteq.com.
10. Suspension
We may suspend access for security risks, legal compliance, or material breach of these Terms. We will notify you where lawful and feasible.
11. Term and Termination
Either party may terminate for material breach if not cured within 30 days’ written notice. Upon termination, your access ends and we will delete or return your data per our retention and deletion policy.
12. Disclaimers
Except as expressly set out in a signed agreement, the services are provided “as is” and “as available” without warranties of any kind.
13. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect or consequential damages. Our aggregate liability under these Terms will not exceed the amounts paid by you for the 12 months preceding the claim.
14. Indemnity
You will indemnify and hold harmless Xyberteq Innovations Sdn. Bhd. against claims arising from your misuse of the services or violation of applicable law.
15. Export and Sanctions
You represent you are not subject to sanctions and will not use the services in violation of export controls or sanctions laws.
16. Governing Law and Dispute Resolution
Unless otherwise agreed in a signed MSA, these Terms are governed by the laws of Malaysia. Disputes will be subject to the exclusive jurisdiction of the courts of Malaysia.
17. Changes
We may update these Terms from time to time. The latest version will be posted at /legal/terms-of-service with the effective date above.
18. Contact
Questions about these Terms: legal@xyberteq.com