1. Acceptance of Terms
By accessing our websites, requesting a demo, logging into a system, using a trial, subscribing to any module, or allowing users to access our services, you agree to this User Agreement, our Privacy Policy and any quotation, order form, service scope, invoice, subscription plan, support arrangement or written agreement issued by BizCloud Asia Sdn Bhd.
If you act for a company, employer, association or organisation, you confirm that you are authorised to bind that organisation. If you do not agree, you must not use the website or services.
2. Services and Scope
BizCloud Asia Sdn Bhd may provide cloud business software and related services including BMO HRM, payroll, e-Leave, e-Claim, POS, CRM, iCRM, inventory, membership, accounting/e-Invoice preparation, Queue System, WhatsApp Business API chatbot, implementation, training, support, hosting and related modules.
The exact functions, limits, support level, implementation scope, customisation, integrations, users, storage, message volume and commercial terms are determined by the subscribed package, quotation, invoice, written agreement or accepted service scope.
2A. Cloud, Client-Hosted and On-Premise Services
Services may be provided as cloud-hosted services managed by BizCloud Asia Sdn Bhd or as client-hosted, PC-hosted, local server, NAS, virtual machine, third-party hosting or on-premise installations, depending on the agreed scope.
For cloud services, we are responsible only for the application, database and infrastructure elements that are within our control and service scope. For client-hosted or on-premise installations, our responsibility is limited to the BMO software under active maintenance or support. The customer remains responsible for hardware, operating system, network, internet connectivity, antivirus, firewall, power protection, backup, restore testing, access control, physical security, third-party hosting and local environment maintenance.
We are not liable for data loss, corruption, downtime, ransomware, malware, disk failure, operating system failure, user deletion, misconfiguration, expired licences or unavailable backups caused by customer-controlled environments. Recovery, repair or reconfiguration work outside the subscribed support scope may be chargeable.
3. Accounts, Access and Security
Customers are responsible for all activities under their accounts and user credentials. You must ensure authorised users keep passwords confidential, use appropriate access permissions, remove users who no longer require access and notify us promptly of suspected unauthorised access.
We are not responsible for losses caused by weak passwords, shared accounts, unauthorised internal users, compromised devices, inaccurate data entry, customer-side approval failures or misuse of administrator permissions.
4. Customer Data and Customer Responsibilities
Customers retain responsibility for data entered, uploaded, imported, transmitted or generated through the services, including employee, payroll, tax, attendance, claim, leave, customer, member, queue, CRM, WhatsApp, POS, inventory and accounting data.
You represent that you have obtained all consents, notices, permissions and legal bases needed to collect, process and submit customer data through our systems. You are responsible for checking data accuracy and reviewing outputs before payroll payment, statutory submission, tax filing, e-Invoice submission, customer communication, WhatsApp messaging or business decisions.
BizCloud Asia Sdn Bhd does not review, audit, certify or approve customer data. We do not provide accounting, tax, audit, payroll, legal or statutory advice. Customers must verify salary figures, overtime, PCB, KWSP, SOCSO, EIS, HRDF, accounting entries, tax codes, SST settings, e-Invoice profiles, customer and supplier details, queue reports, CRM reports and submission files before using them for payment, filing or business decisions.
If the services include file management or document storage, customer files may be stored in the cloud or in customer-controlled storage depending on setup. Where files are stored on customer devices, mapped drives, local servers or third-party storage, the customer is solely responsible for backup, redundancy, antivirus, encryption, access control and physical security.
5. WhatsApp, Messaging and Third-Party Platforms
Where services connect to WhatsApp Business API, SMS, email, payment gateways, government portals, cloud providers, social platforms or other third-party services, your use is also subject to the terms, policies, fees, approval processes and technical limits of those third parties.
We do not control third-party approval, account suspension, delivery rates, template approval, message delays, platform outages, pricing changes or policy enforcement. Customers are responsible for lawful message content, opt-in/consent, opt-out handling and compliance with applicable anti-spam, privacy and communication rules.
6. Fees, Payment and Suspension
Fees, subscriptions, setup charges, renewal periods, usage charges and payment terms are as stated in the relevant quotation, invoice, proposal, order form or written agreement. Unless expressly stated otherwise, fees paid are non-refundable.
We may suspend or restrict access for overdue payment, chargeback, suspected fraud, security risk, misuse, legal risk, breach of terms, end of subscription, or failure to provide information required for service delivery.
Unless stated otherwise, subscriptions are billed in advance, fees are exclusive of SST and other applicable taxes, and customers are not entitled to set off, withhold or deduct amounts from our invoices except where required by law.
6A. Support, Maintenance and Service Levels
Standard support is provided during Malaysian business hours through remote or online channels such as helpdesk, email, remote access, phone or WhatsApp, unless a separate signed service level agreement states otherwise. After-hours support is best-effort and may be chargeable.
Any response or uptime targets are operational targets, not absolute guarantees. Resolution time depends on issue complexity, customer cooperation, access to logs, sample data, third-party providers and whether the issue is caused by our system or by customer hardware, network, browser, device, local installation, customisation, third-party service or misconfiguration.
Service level targets do not apply to free trials, demo accounts, beta features, test environments, non-production systems, client-hosted or PC-hosted installations, or issues caused by customer-controlled environments or third-party systems unless expressly agreed in writing.
7. Acceptable Use and Restrictions
- Do not use the services for unlawful, fraudulent, harmful, abusive, defamatory, misleading or unauthorised purposes.
- Do not bypass security, access another customer account, reverse engineer, copy, scrape, overload, disrupt or damage our systems.
- Do not upload malicious code, infringing content, unlawful personal data, spam, phishing content or materials that violate third-party rights.
- Do not use the services to send messages without proper consent, opt-in or lawful basis.
- Do not resell, sublicense or commercially exploit the services except as expressly agreed in writing.
8. Intellectual Property
All software, website design, source code, databases, templates, workflows, documentation, graphics, trade names, logos, product names, know-how and materials provided by BizCloud Asia Sdn Bhd remain owned by us or our licensors. No rights are transferred except the limited right to use the subscribed services during the active subscription period.
You must not access or use the services as a direct competitor, for benchmarking, feature copying, reverse engineering, competitive analysis or development of competing products without our prior written consent.
9. Disclaimers
The services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not guarantee that the services will be uninterrupted, error-free, immune from cyber incidents, compatible with every device, suitable for every legal/tax/payroll scenario, or capable of replacing professional advice.
Any payroll, accounting, tax, e-Invoice, HR, statutory, queue analytics, CRM, chatbot or reporting output must be reviewed by authorised and qualified personnel before reliance, filing, payment, submission or business action.
Complex software may contain bugs, defects, vulnerabilities or compatibility issues. If a defect is confirmed, our sole obligation is to use reasonable efforts to provide a fix, workaround or assistance to regenerate affected reports where practical. We are not responsible for historical corrections, resubmissions, penalties or losses caused by late detection, wrong setup, customer data errors or regulatory changes.
9A. Artificial Intelligence, Automation and Beta Features
The services may include artificial intelligence, machine learning, large language model, generative AI, automation or robotic process automation features developed by us or provided by third-party AI providers. AI and automation features are assistance tools only and do not replace human review, professional advice or management judgment.
AI outputs may be inaccurate, incomplete, outdated, biased, unsuitable, inconsistent or misleading. They may contain fabricated information, incorrect classifications, wrong summaries, unintended disclosure suggestions or content that may affect third-party rights. Customers must review, verify and approve all AI-generated content, calculations, recommendations, correspondence, reports or decisions before relying on them, sending them to third parties, publishing them or submitting them to authorities.
AI features do not constitute legal, financial, tax, accounting, medical, HR, compliance or other professional advice. If professional advice is required, customers must consult an independent qualified professional.
Where AI features are enabled, certain inputs, prompts, content or customer data may be processed by third-party AI providers. Customers are responsible for ensuring lawful use, PDPA compliance, consent, internal policy approval and suitability of any data submitted to AI features. We will use commercially reasonable efforts to limit data shared to what is reasonably necessary where we control the integration, but we do not control all third-party AI provider processing, retention or model behaviour.
Beta, experimental, preview or early-access features are provided as-is, without warranty, SLA or support commitment. They may be unstable, incomplete, modified, withdrawn or produce incorrect results, and should not be used for production or compliance-critical workflows without customer testing and validation.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, BizCloud Asia Sdn Bhd, its directors, employees, contractors, suppliers and affiliates will not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, business interruption, loss of data, inaccurate customer input, third-party platform failure, messaging failure, unauthorised customer-side access or statutory submission errors.
To the fullest extent permitted by law, our total aggregate liability arising from or related to the services is limited to the amount actually paid by the customer to BizCloud Asia Sdn Bhd for the affected service during the three months immediately before the event giving rise to the claim, or RM500, whichever is lower, unless a written signed agreement states otherwise.
Without limiting the above, we are not liable for losses, penalties, fines, claims, data leakage, regulatory action or third-party claims arising from reliance on AI outputs, customer failure to review AI outputs, third-party AI provider processing, cybersecurity incidents outside our reasonable control, customer-side malware, phishing, shared credentials, weak passwords, customer devices, enabled third-party integrations, or events beyond our reasonable control.
11. Indemnity
You agree to indemnify and hold harmless BizCloud Asia Sdn Bhd, its directors, employees, contractors and service providers from claims, losses, penalties, liabilities, costs and expenses arising from your data, users, breach of this Agreement, unlawful use, third-party platform breach, messaging content, failure to obtain consent, inaccurate submissions or misuse of the services.
This indemnity includes claims arising from AI outputs that you use, publish, submit or rely on, your failure to validate AI or system outputs, your breach of data protection laws, unlawful messaging, uploaded files, customer-controlled environments and third-party integrations enabled by you.
12. Termination
We may terminate or suspend access if you breach these terms, fail to pay, create security or legal risk, misuse the services, or if continuing the service becomes commercially, technically or legally impractical. Upon termination, access may be disabled and data may be retained or deleted according to our retention practices, agreement terms and legal obligations.
For cloud services, where practical and subject to payment of all outstanding fees, we may provide a reasonable method to export customer data upon written request made within thirty days after termination or expiry. After that period, we may delete, anonymise or archive data according to our retention policy, backup cycles and legal obligations.
13. Governing Law and Disputes
This User Agreement is governed by the laws of Malaysia. The parties agree to submit to the courts of Malaysia, unless a separate signed agreement specifies another dispute resolution process.
You must notify us in writing of any claim or potential claim relating to the services as soon as reasonably practicable and, in any event, within thirty days after you first become aware of the issue. To the fullest extent permitted by law, any legal action arising from the services must be commenced within twelve months after the cause of action first arises, failing which it will be permanently time-barred.
13A. Force Majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, acts of God, war, riot, labour dispute, government action, pandemic, epidemic, utility failure, telecommunications failure, data centre outage, cloud provider failure, third-party system failure, cyberattack or other events outside our reasonable control. Our obligations are suspended for the duration of such event, and we will use reasonable efforts to mitigate its impact where practical.
13B. Usage Monitoring, Security and Product Improvement
We may collect system telemetry, audit logs, error logs, performance metrics, anonymised usage data and aggregated analytics to operate, secure, troubleshoot, improve and monitor the services, prevent abuse and develop product improvements. We will not sell identifiable customer data to third parties for their marketing purposes.
14. Changes to Terms
Technology, business and regulatory requirements change continuously. We may add, modify, deprecate, replace or remove features, modules, interfaces, workflows, hosting providers, AI models, integrations or system behaviour. Where a change materially reduces functionality actively used by customers, we will use reasonable efforts to provide notice where practical. Continued use of the website or services after posting means you accept the updated terms.
14A. Survival
Sections relating to customer data, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity, payment obligations, claim time limits, AI and automation, cybersecurity, data export/deletion and any provision that by its nature should survive will survive termination or expiry of this Agreement.
15. Contact
BizCloud Asia Sdn Bhd
Email: sales@bizcloud.asia
WhatsApp / Phone: +6016 450 2380