SAAS MASTER SERVICE AGREEMENT
(Terms of Service)
Last updated: 26 January 2026
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE", CREATING AN ACCOUNT, OR UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1.PARTIES & SCOPE
This Agreement is entered into between:
FINCARE SDN BHD (Registration No. 20251048584 (1649992-W)), a company incorporated in Malaysia with its registered address at No. Level 6, B02-B, Ace Tower, Menara 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur, WPKL (hereinafter referred to as the "Company", "We", or "Us"); and
THE USER, being the corporate entity or authorized individual accessing the Platform (hereinafter referred to as "You" or the "Client").
2.DEFINITIONS
For the purposes of this Agreement:
- "Platform" means the "Fincare" data analytics software, web portal, and mobile applications provided by the Company.
- "Report" means the "Financial Health Check" visualization, analytics, and scores generated by the Platform based on User Data.
- "User Data" means all information, documents, and records uploaded, submitted, or authorized for retrieval by the User on the Platform, including but not limited to financial statements, bank statements, management accounts, tax returns, statutory forms, company secretarial records, and personal data.
- "Third-Party Data" means credit information retrieved from credit reporting agencies (e.g., CTOS, CCRIS) via API integration.
3.NATURE OF SERVICES (NO FINANCIAL ADVICE)
3.1 Data Analytics Only
The User acknowledges that the Platform is strictly a data processing and visualization tool. The Company is NOT a financial advisor, bank, auditor, or credit reporting agency subject to the limitations set out in Clause 9.
3.2 No Professional Advice
The Report is generated for informational purposes only. It does not constitute professional financial, legal, tax, or investment advice. The Company does not guarantee that a "Healthy" score will result in loan approval or funding success.
4.INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership of Platform
The User acknowledges that all rights, title, and interest in the Platform, including but not limited to its source code, algorithms, report templates, user interface designs, and trademarks, remain the exclusive property of the Company.
4.2 Limited License
The User is granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely for its internal business monitoring purposes. The User shall not reverse-engineer, decompile, copy, or create derivative works from the Platform.
4.3 Ownership of User Data
The User retains all ownership rights to the User Data uploaded to the Platform. The User grants the Company a worldwide, royalty-free license to process, store, and analyse said User Data for the purpose of generating the Report and providing Platform services.
4.4 Aggregated and De-Identified Data
The User agrees that the Company may aggregate, anonymise, and de-identify User Data such that no individual or entity is identifiable ("Aggregated Data").
The Company shall own all intellectual property rights in such Aggregated Data and may use it for internal analytics, service improvement, product development, and market research purposes, provided that such use complies with applicable data protection laws.
4.5 Restrictions on Use
The User shall not, and shall not permit any third party to:
- Resell, sublicense, lease, or distribute the Platform or the Reports to any third party for commercial gain without the Company's prior written consent;
- Use the Platform for any illegal purpose, including but not limited to money laundering, financing of terrorism, or facilitating fraudulent transactions;
- Use the Platform to transmit any virus, malware, or harmful computer code; or
- Attempt to gain unauthorized access to the Platform's backend, servers, or other users' accounts.
4.6 Feedback & Suggestions
The User agrees that any feedback, suggestions, ideas, or feature requests provided to the Company regarding the Platform ("Feedback") shall be deemed non-confidential. The Company shall be free to use, disclose, reproduce, license, or otherwise distribute such Feedback without any obligation or compensation to the User. The User hereby assigns all intellectual property rights in such Feedback to the Company.
5.THIRD-PARTY CREDIT INFORMATION AND LIMITED TECHNICAL FACILITATION
5.1 User-Initiated Retrieval of Credit Information
Where the User elects to retrieve its own credit information from third-party credit reporting agencies (including CTOS and CCRIS), such retrieval is initiated solely at the User's request and for the User's own purposes.
5.2 Limited Technical Facilitation Role
The Company acts strictly as a technical facilitator to transmit the User's request and display information returned by the relevant third party.
5.3 No Credit Reporting Agency Representation
For the avoidance of doubt, the Company does not operate a credit reporting agency business, does not compile or sell credit information, and does not make any determination regarding the User's creditworthiness.
6.USER-AUTHORISED ASSISTANCE
6.1 Scope of User Authorization
Where the User authorises any representative of the Company to assist in operating the Platform or inputting data, such assistance is provided strictly on the User's instructions and authority.
6.2 Acts Deemed to be Performed by the User
Any act performed by the Company's representative pursuant to such authorisation shall be deemed to have been performed by the User.
6.3 User Responsibility and Risk Allocation
The User remains solely responsible for the accuracy, completeness, and legality of all data entered or retrieved using the Platform.
7.PERSONAL DATA PROTECTION & PRIVACY
7.1 Compliance & Notice
The Company is committed to protecting the User's personal data in accordance with the Personal Data Protection Act 2010 ("PDPA"). This Clause serves as the "Written Notice" to the User prescribed under the PDPA.
7.2 Consent to Process
By accessing the Platform and uploading User Data, the User explicitly consents to the processing of its data (including Sensitive Personal Data) for the purposes of:
- Providing the Service;
- Verifying credit standing via third-party bureaus (CTOS/CCRIS); and
- Training AI algorithms.
7.3 Cloud Storage & Cross-Border Transfer
The User acknowledges that User Data may be stored on third-party cloud servers located outside of Malaysia (e.g., Google Drive/Workspace). The User explicitly consents to such cross-border transfer and acknowledges that while reasonable security measures are implemented, the Company does not warrant that such cloud storage is impenetrable.
7.4 Security Disclaimer
The User releases the Company from liability regarding data breaches, hacking, or unauthorized access originating from third-party cloud infrastructure, provided the Company has not acted with gross negligence.
7.5 Data Retention & Anonymization
The Company may retain User Data for as long as necessary to provide the Service. The User agrees that the Company may permanently retain Anonymized Aggregated Data (which does not identify the User) for R&D and AI training purposes indefinitely.
7.6 Access & Correction
The User may request access to or correction of its Personal Data by submitting a request in writing to the Company.
8.CONFIDENTIALITY
Each party agrees to keep confidential all non-public information disclosed by the other party ("Confidential Information").
9.AUTOMATED PROCESSING & AI DISCLAIMER
9.1 Automated Data Processing
The User acknowledges that certain data displayed or generated through the Platform is produced through automated processing of information supplied by the User or retrieved from third parties. The Company does not warrant that such data will be free from errors or omissions.
9.2 User Verification Responsibility
The User shall independently verify all data, figures, and information generated by the Platform against the original source documents prior to any reliance or external use. The Company shall not be liable for any loss arising from the User's failure to conduct such verification.
10.USER WARRANTIES
The User represents and warrants that:
- It has the legal authority to upload the User Data;
- All bank statements, management accounts, and financial records provided are true, accurate, and unaltered; and
- It is not using the Platform to generate fraudulent reports for the purpose of deceiving financial institutions.
11.INDEMNIFICATION
11.1 General Indemnity
The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- The User's violation of any term of this Agreement;
- The User's violation of any law or the rights of any third party (including rights of privacy or intellectual property);
- The accuracy, content, or authenticity of any User Data uploaded to the Platform; or
- Any third-party claim arising from the User's reliance on disclosure of the Report.
11.2 Conduct of Defence
The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate fully with the Company in asserting any available defences.
12.TERMINATION & SUSPENSION
12.1 Right to Terminate
The Company reserves the right to suspend or terminate the User's access to the Platform immediately, without prior notice, if:
- The User breaches any term of this Agreement;
- The Company detects suspicious or fraudulent activity connected to the User's account; or
- The Company discontinues the Service provided that the Company may allow reasonable access for data retrieval, subject to applicable fees.
12.2 Effect of Termination
Upon termination, the User's license to use the Platform shall cease immediately. Clauses regarding Intellectual Property, Indemnity, and Liability shall survive termination.
13.LIMITATION OF LIABILITY
13.1 Exclusion of Indirect and Consequential Loss
To the maximum extent permitted by law, the Company shall not be liable for any indirect, consequential, incidental, or economic loss, including loss of profits, loss of opportunity, or loss of financing.
13.2 Aggregate Liability Cap
The Company's total aggregate liability arising out of or in connection with this Agreement shall not exceed the total fees actually paid by the User to the Company in the six (6) months immediately preceding the event giving rise to the claim.
13.3 Liability Not Excluded
Nothing in this Agreement shall exclude liability for fraud or wilful misconduct.
14.FEES & PAYMENT
14.1 Fees
Access to the Platform or specific Reports is subject to the payment of fees as displayed on the Platform or quoted in writing ("Fees"). All Fees are quoted in Ringgit Malaysia (RM) and are exclusive of applicable taxes (e.g., SST), unless stated otherwise.
14.2 Payment Terms
- Unless a credit term is explicitly agreed in writing, all Fees must be paid in full prior to the generation or download of any Report.
- All Fees paid are non-refundable, regardless of whether the resulting Report displays a "Healthy" or "Unhealthy" status, or if the Report is incomplete due to insufficient User Data.
14.3 Changes to Pricing
The Company reserves the right to revise its pricing at any time. Users with active subscription plans (if applicable) will be notified at least fourteen (14) days prior to any price increase.
15.GENERAL PROVISIONS
15.1 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to internet service provider failures, denial-of-service attacks, cloud provider outages (e.g., Google/AWS downtime), natural disasters, or government acts.
15.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
15.3 Assignment
The User may not assign or transfer its rights under this Agreement without the Company's prior written consent. The Company may assign this Agreement to any affiliate or successor in interest in the event of a merger, acquisition, or asset sale.
15.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether written or oral.
16.MODIFICATIONS TO TERMS
The Company reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform. Continued use of the Platform after such changes constitutes the User's acceptance of the new Terms.
17.GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia.