Terms of Service.

1. Who we are & definitions

• “timah.my”, “we”, “us”, “operator” means the operator identified in Schedule A (Training Intelligence & Management Hub). Until Schedule A names the entity, “operator” means the person/entity operating the timah.my service as published on the homepage footer and in-app notices.
• “You”, “customer” means the training provider, academy, company or independent trainer that creates the workspace — including its owner, admins and invited members.
• “Workspace / tenant” means one isolated customer environment (companies, contacts, opportunities, proposals, trainings, claims, settings). Data is isolated per tenant by row-level security.
• “Owner” is the workspace creator with full rights including billing and delete; “admin / manager / rep” have role-scoped rights (sales vs ops). You are responsible for who you invite and what role you give them.
• “Your end-users” means your clients, HR contacts, trainers, vendors and participants whose data you put into timah.my or who use your portals, QR evals or verification links.
• “SaaS fee” means what you pay us for timah.my. “Client billing” (Claims & Costs invoices, SST working paper, MyInvois submissions for your courses) is money your clients pay you — a separate matter.

2. What timah.my is (and is not)

timah.my is a multi-tenant SaaS for Malaysian training providers and independent trainers: pipeline/CRM, AI-assisted proposals, training operations and milestones, venues/trainers/vendors, reminders and WhatsApp/Telegram/email automation, T3/JD14 helpers, QR evaluations and QR-verified certificates, client/trainer portals, invoicing with SST and LHDN MyInvois submission support, finance reports, and subscription billing.

• We are not HRD Corp, LHDN, a bank, a telecom, a tax agent, a legal adviser or your employee. Grant approvals, claim outcomes, tax treatment and message delivery are decided by third parties and by you.
• Features described on the homepage, FAQ or in-app hints do not override these Terms. If there is a conflict, these Terms prevail, then the plan page, then help text.
• We may offer beta or experimental features labelled as such; they carry no warranty and may change or be withdrawn.

3. Accounts, workspaces & your duties

• You must be 18+ and acting for a lawful training business or as an independent trainer. Information you supply (name, email, workspace name/code, billing profile, TIN/SSM) must be accurate and kept current.
• One login per human. Solo plans include 1 seat; Team includes the seats column. Sharing one login across people to avoid seats is prohibited and may be treated as over-seat use.
• You safeguard credentials, API keys you paste into Settings (AI, WhatsApp, email), inbound-email tokens, portal/eval/calendar tokens and reminder command codes. Forwarding or posting a token link is disclosure — anyone with it can use it until you regenerate it. Rotate immediately on suspected leak (Settings → Reminders / Companies / Portals).
• Owner/admin actions bind the workspace. You are responsible for your members’ acts and omissions as if your own, including messages they trigger and invoices they issue.
• We may rely on instructions from any owner/admin until you remove them. Removal is your duty; delays are at your risk.

4. Plans, metering & fair use

• Solo Free (RM0): 1 seat, free while you stay under 15 training operations per rolling 12 months. One run (in-house or public) counts as one regardless of days/sessions/pax. Counted by tenant_training_count_12mo; run 16 is blocked until you upgrade. Nothing locks — existing data stays readable.
• Solo Pro (RM75/month) / Team (RM750/month): unlimited trainings within fair use; Solo Pro 1 seat, Team multi-seat per seats column. All prices are exclusive of SST — see §5.
• Fair use: unlimited does not mean abusive — no bulk import abuse, no automated scraping, no reselling seats, no circumventing metering (deleting/recreating trainings to reset counts, splitting runs artificially). We may rate-limit, require upgrade to Team, or suspend for wilful circumvention after notice.
• Meter disputes: our server count prevails; we will show usage in Settings → Billing and investigate genuine discrepancies.

5. Fees, SST & SaaS e-invoicing

• Currency & SST-exclusive pricing. All SaaS prices are in MYR and exclusive of Service Tax. We are SST-registered. The checkout shows plan + prevailing Service Tax (currently 8% for taxable services; Solo Pro RM75 + RM6.00 = RM81.00; Team RM750 + RM60.00 = RM810.00) = amount charged. If the Service Tax Act 2018 rate or scope changes, the charged amount follows the law automatically.
• Processor. Payments are processed by HitPay. Card/bank details never touch our servers. By subscribing with card you authorise HitPay recurring charges until you cancel. By using FPX/DuitNow you accept they are manual monthly payments with no auto-debit — you must pay each month from the link in Settings → Billing; we activate within 1 business day of confirmed receipt.
• SaaS e-invoice (we issue to you). Yes — we issue an LHDN e-invoice for SaaS subscriptions, separate from the HitPay receipt and separate from your client AR invoices. You must maintain an accurate billing profile (registered name, email, TIN, SSM/BRN, SST no. if any, address). E-invoices are issued to the profile on record within a reasonable time after confirmed payment; corrections due to your errors may require a credit/cancel cycle and time limits under LHDN rules. Failure to provide a valid TIN does not excuse payment or suspend SST.
• Your client billing is yours. Invoices, credit notes, SST working-paper figures and MyInvois submissions you create in Claims & Costs are your documents to your clients. You warrant buyer TINs, SST treatment, addresses and amounts; LHDN validation, penalties and filing deadlines are yours.
• Late or short payments bear no interest from us, but access consequences in §6 apply. Bank charges, FX differences and your telco/data charges are yours.

6. Renewals, grace, suspension, cancellation

• Card renewals recur automatically per HitPay plan until cancelled. FPX/DuitNow do not renew — each month needs a fresh manual payment; expiry without payment follows the same grace path below.
• Failed payment → 30-day grace (past_due) with full access. Day-21 warning in-app. After 30 days unpaid the workspace becomes suspended: creating trainings, inviting members and AI features (proposals, reports, scans) are disabled; existing data stays readable. Nothing is ever deleted for non-payment.
• Renewal reactivates on confirmed payment; suspension lifts on ouractivating the plan (automatic for card webhook, within 1 business day for manual with receipt).
• Cancel anytime. Cancellation stops future charges and takes effect at the end of the current paid period — the paid plan stays active until then, then drops to Solo Free. No deletion on downgrade. No pro-ration for partial months except under §7.
• Checkout outage kill-switch: if we disable checkout (e.g. unset HITPAY_API_KEY during an incident), checkout returns a clean 503; existing entitlements and data are unaffected.

7. Refunds & chargebacks

We allow refunds only within this section — this is the entire refund promise. All refunds are capped in aggregate per workspace to the SaaS fees paid in the 12 months before the refund request. No refund is available for any charge more than 12 months old, for Solo Free (RM0), or beyond fees actually received by us.

• Request window & method. Request within 14 days of the charge via Settings → Billing support with tenant code, charge date, amount, method and reason. We decide within 14 business days; approved refunds return to the original payment method within 14–30 business days (banks/HitPay timing beyond our control). FPX/DuitNow refunds need your bank account details and beneficiary name matching the payer.
• Eligible (narrow). (a) Duplicate charge for the same period; (b) charge after a timely cancellation made before renewal; (c) first charge of a new paid subscription where no training was created and no member invited in that period and you downgrade to Free within 7 days; (d) continuous paid-plan block >72 hours caused solely by us (not by HitPay, Meta, telecom, your keys, or your breach), verified in our logs.
• Not eligible. Change of mind after use; over-limit upgrade regret; HRDC grant/claim rejection or delay; LHDN/MyInvois rejection or penalty; SST or bank/gateway fees; third-party outage or message block; your misconfiguration (wrong keys, expired tokens, shared links, wrong TIN/buyer details); breach, spam, suspension; FPX manual month already activated; partial-month non-use; seats you invited but did not use.
• Deductions & tax. Approved refunds are net of non-recoverable gateway/bank fees and consumed days on a pro-rata basis. SST is adjusted only via LHDN credit-note e-invoice where the law permits; if SST has been remitted and cannot be recovered, the SST portion is credited only to the extent actually recovered.
• Effect. Refunded periods may be reversed to Solo Free; subscription rows and e-invoices are corrected via credit notes. Abuse of refunds (repeated subscribe-refund cycles) may be refused and treated as fair-use breach.
• Chargebacks. Do not file a chargeback without first using this process. A chargeback without a prior timely request is a breach; we may suspend the workspace, recover dispute/collection costs, and set off against any amounts due to you to the extent permitted by law.

8. Price & plan changes

• We may change plan prices, seat counts, free-tier caps or feature scope with at least 14 days’ in-app/email notice (30 days for price increases where practicable). Changes apply from the next billing period; no retroactive charges.
• If you disagree, cancel to Solo Free before the effective date — continued paid use after that date is acceptance. SST-rate changes by law are not “price changes” and need no notice beyond the checkout total.

9. Your content & representations

• You own your data. You grant us a non-exclusive, worldwide, revocable (by deletion, subject to legal retention) licence to host, process, back up and transmit it to provide the service, including to sub-processors listed in the Privacy Notice.
• You represent that you have all consents and rights for personal data you upload (client ICs, bank details, namelists, evaluations, receipts, TINs) and for sending messages to those contacts — see Privacy Notice (you are the principal data user for workspace business data; we act as your processor).
• You warrant content is accurate, non-infringing and lawful. Course docs you upload for AI proposals must be yours or licensed to you.
• We may remove or disable content that we reasonably believe is unlawful or infringing after notice where practicable, without liability for resulting disruption.

10. Acceptable use & messaging rules

• No unlawful, defamatory, infringing or deceptive content; no malware; no probing other tenants, token-guessing, credential-stuffing, scraping or bypassing rate limits; no reselling or sharing paid access outside your seats without permission.
• Messaging is yours. You supply your own Meta/Telegram/Resend/Brevo keys for live sending; without them sending is logged only. You must obtain prior opt-in consent from recipients, identify your business, honour opt-outs immediately, and comply with the Communications and Multimedia Act 1998, PDPA 2010 and Meta/Telegram policies. Blocks, bans, template rejections or spam-foldering are your risk.
• Respect provider limits: per-user hourly caps, per-tenant AI budgets (300 interactive + 300 inbound calls/day), inbound-email rate limits (600/hr per token). Attempts to evade limits (rotating tokens, bulk relays) may be throttled or suspended.
• We may suspend offending workspaces, messages or keys for abuse, spam complaints, phishing, or legal requests, with notice where practicable.

11. AI features — verify everything

• AI drafts (proposals, win/loss coaching, re-open emails, reports, namecard scans, programme imports), classifications (inbound email/WhatsApp stage moves) and vision receipt extraction are assistive and may hallucinate or misread. You must human-review before sending, filing or paying.
• AI is not legal, tax, HRDC or professional advice. Retrieval uses only docs you uploaded; missing or stale docs produce generic output — your risk.
• AI availability depends on your/provider keys, budgets and third-party models. Budget exhaustion degrades gracefully (e.g. inbound falls back to “other”); no SLA.
• Group commands (“done CODE”, “invoice …”) and auto stage-advances act on your data as configured; confirm in Reminders/timeline. Misaddressed commands are your responsibility.

12. Regulated outputs are your responsibility

• HRD Corp / SBL-Khas / T3 / JD14 / e-TRiS: pre-checks, 17-day and milestone advisories, printed T3/JD14 and trackers are aids. Grant approval, query replies (including 5-day windows), attendance thresholds (e.g. ≥80%), levy debits and claim success remain yours to verify with HRD Corp and the employer. One typo after approval can mean cancel + reapply — validate before submitting.
• LHDN MyInvois & SST working paper: submission helpers, TIN validation, audit logs, credit notes and SST working papers are tools. Tax codes, classification (e.g. 001), applicable document-version signatures, filing and payment are yours with your tax agent. Bad-debt relief and manual adjustments are claimed by you. We are not your tax agent.
• Certificates / verification: QR verification confirms the record as stored (and revocation status), not the bearer’s identity or competence. Screenshots can be forged — verify at /verify and treat revocation promptly.
• No liability for rejected grants/claims, penalties, late fees, levy forfeiture or audit mismatch where you relied solely on in-app figures.

13. Third parties & deliverability

• Sub-processors: hosting/database (Supabase), app host, payments (HitPay), email (Brevo/Resend), WhatsApp (Meta), Telegram, AI vendors you enable (Anthropic/OpenAI/Moonshot/DeepSeek/Z.AI), WAF/CDN. Each gets only what its function needs.
• We are not liable for third-party acts: HitPay downtime or KYC delays, Meta template/ban decisions, telco filtering, Supabase/host maintenance, model changes, or LHDN/HRD Corp portal outages. Checkout kill-switch (§6) and dev-mode logging are intentional safety behaviours, not breaches.
• Data may be hosted or backed up outside Malaysia; by using the service you consent to such transfers as permitted under PDPA — see Privacy Notice.

14. Security, backups & token links

• Measures: tenant-isolated RLS, TLS in transit, private storage with signed URLs, server-side secrets, HMAC webhook verification, rate limiting. No system is perfectly secure.
• Your duties: strong unique passwords, prompt member offboarding, least-privilege roles (sales vs ops), immediate token regeneration on leak, verifying portal recipients, keeping your devices malware-free. Capability URLs (client/trainer portals, eval QR, calendar subscribe, inbound-email address) are bearer credentials.
• Backups/PITR are operational safeguards, not a data-escrow promise. Maintain your own exports for critical records. Report vulnerabilities via support; do not test by accessing other tenants’ data.

15. Support & availability

• Best-effort support via Settings → Billing / published email. Team plans get priority queue; no response-time SLA unless separately agreed in writing.
• No uptime warranty. Maintenance, cron/dispatcher timing (every ~15 min), and AI/model latency vary. Reminders are chasers, not guarantees — diary your statutory deadlines separately.

16. Suspension, export & deletion

• Our suspension rights: abuse, spam, non-payment past grace, chargeback abuse, unlawful content, security risk, or lawful request. We give notice where practicable and restore on cure/payment.
• Your exit: downgrade to Free anytime; export via Settings → Billing → Export (JSON of workspace tables; file bytes excluded — download files separately; sequential read without DB snapshot so concurrent edits may be inconsistent); delete via Danger Zone — owner-only, code-confirmed, irreversible.
• Deletion cascades logically at once; physical storage cleanup finishes via daily sweeper (deletion log retained as proof). No recovery after delete. Legal/tax holds (§5, Privacy retention: financial records 7 years, backups ~90 days rolling) survive termination.
• On our discontinuation of the service we give reasonable notice and an export window where feasible.

17. Intellectual property

• timah.my code, marks, designs and docs remain ours/our licensors’. You get a limited, non-exclusive, non-transferable, revocable licence to use the service for your internal training business during subscription.
• No copying, reverse-engineering, scraping UI outputs at scale, removing notices, or passing off. Feedback you send may be used without charge or restriction.
• Copyright complaints (Copyright Act 1987): contact support with identification of work, URL and authority; we may remove and notify the uploader.

18. Warranties, liability cap & indemnity

• As-is. To the maximum extent permitted by law, the service is provided “as is” without warranties of merchantability, fitness, accuracy, availability or non-infringement, except non-excludable guarantees under the Consumer Protection Act 1999.
• Cap. Our aggregate liability per workspace for all claims arising in any 12-month period is capped at the SaaS fees you actually paid in the 12 months before the event giving rise to the claim (RM0 for Free users — i.e. no damages beyond re-performance where required by law).
• Excluded loss. Never liable for indirect, consequential, special or punitive loss — including lost profit, lost levy/grants, rejected claims, penalties, reputational harm, data-recreation cost, or third-party charges — even if advised of possibility, to the extent excludable by law.
• Indemnity. You indemnify us, our officers and sub-processors against third-party claims, penalties and reasonable costs arising from your content, your end-user data without consent, messages you send, tax/HRDC filings you make, or your breach — including PDPA claims by your clients/trainers/participants and Meta/telecom blocks.
• Nothing here excludes liability for fraud, wilful misconduct, or what the law forbids excluding.

19. Law, negotiation & arbitration

• Governed by the laws of Malaysia.
• Disputes: good-faith negotiation for 30 days after written notice via support, then arbitration under the Asian International Arbitration Centre (AIAC) Arbitration Rules in Kuala Lumpur, in English, before one arbitrator, award final and binding. Either party may seek interim relief from the Kuala Lumpur courts. Class/collective actions waived to the extent permitted.
• Each party bears its own negotiation costs; arbitration costs follow the award. Limitation periods under Malaysian law apply — sue promptly.

20. General & changes

• Notices: in-app and to your account email are effective on posting/sending. You must keep the email current.
• Force majeure: no liability for failure due to events beyond reasonable control (outages, laws, haze/floods, labour, war, cyber-attacks on infrastructure).
• Assignment: you may not assign without our consent (not unreasonably withheld); we may assign on merger/acquisition or internal reorganisation with notice.
• Severability, waiver, entire agreement: invalid terms are severed; delay in enforcing is not waiver; these Terms plus plan/checkout records are the entire agreement for the SaaS.
• Changes: we may update with at least 14 days’ in-app notice. Continued use after effective date is acceptance. If a change materially harms you, your remedy is to cancel to Solo Free before it takes effect. Version and date are stamped above.
• Contact: via Settings → Billing support or the email on our homepage. For PDPA matters see the Privacy Notice.

Schedule A — Operator details (to be completed)

Independent advice recommended. Filling Schedule A does not change past charges; it identifies the counterparty for future notices, e-invoices and disputes.