iMakan Terms & Conditions

Megasafe Technology Pte Ltd Terms of Use and Software License Agreement

PLEASE READ CAREFULLY: BY USING OUR SOFTWARE AND SOLUTION, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS IN A LEGALLY BINDING MANNER.

If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Megasafe Technology Pte Ltd and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.

If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not install and use the software.

1. PROPRIETARY RIGHTS AND CONDITIONS:

All rights, title, and interest, including but not limited to copyright and other intellectual property rights, in and to the software are owned by Megasafe Technology Pte Ltd. Such rights are protected by Singapore copyright laws, other applicable copyright laws, and international treaty provisions. Megasafe Technology Pte Ltd retains all rights not expressly granted herein.

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Megasafe Technology Pte Ltd. Megasafe Technology Pte Ltd reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.

2. LICENSES:

Each copy of the software must have its own (separate) license and be registered with Megasafe Technology Pte Ltd. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. This license does not grant any reseller privileges.

3. OPTIONAL CLOUD/SERVER LICENSES:

If a "cloud or server" license is purchased, the software is considered licensed only when it resides on the licensed server, such as Megasafe's AWS account or a permitted physical server, registered with Megasafe Technology Pte Ltd. Each server containing the software, or any portion thereof, must have its own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. This license does not grant any reseller privileges.

4. DISCLAIMER OF WARRANTIES:

To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Megasafe Technology Pte Ltd specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose.

5. SUBSCRIPTION PERIOD:

The purchase includes a 12-month (1-year) subscription of software usage, starting from the date of portal account creation instead of the day going live.

6. DATA OWNERSHIP:

The client owns the data generated from using the solution and is responsible for protecting the data from loss and misuse.

7. SERVICE LEVEL AGREEMENT:

For the cloud solution provided by Megasafe, it should follow and expect the service level offered by the cloud server and firewall providers, including but not limited to Amazon Web Service, Digital Ocean, Cloudflare's SLA. More detailed service and design information can be found on their respective websites.

8. CONFIDENTIALITY & SECURITY:

Megasafe ensures the solution has passed Vulnerability Assessment tests to meet security requirements. The client is responsible for keeping data safe and confidential from misuse by its shareholders, employees, or customers. The client should perform necessary Windows/IOS updates on in-store computers and tablets for the latest security updates, install necessary anti-virus software at their own cost, and refrain from downloading and installing applications and games onto these devices.

9. BACKUP OF DATA & PROGRAM:

Data can be backed up on any media, including but not limited to local hard drives, thumb drives, or cloud storage. Megasafe usually sets up an automatic backup scheduler task that runs every 24 hours. The client is responsible for ensuring that the backup scheduler is working properly and that data is saved in a retrievable manner.

10. RENEWAL AND TERMINATION OF SUBSCRIPTION:

All renewal subscription fees are based on an auto-renewable 12-month contract without stop to ensure the continuity of use. The client may write in 1 month in advance to terminate the auto-renewal and have the service terminated at the end of the current contractual period. Online data and accounts will be terminated and removed upon service termination, and the client should make all efforts to download data, reports, etc., while the service is accessible.

11. LIMITATION OF LIABILITY:

Except to the extent prohibited by local law, in no event will Megasafe Technology Pte Ltd, or its employees or officers be liable for direct, special, incidental, consequential, or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort, or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.

12. RETURN POLICY:

Software that is not specifically referred to as "trial software," or that includes the "source code," cannot be returned for a refund. Should you experience a problem with any purchased software, Megasafe Technology Pte Ltd offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.

13. SUPPORT SERVICES:

Some software and services purchased from Megasafe Technology Pte Ltd may include limited free support (technical support and free updates may be limited to 1 year from the date of the original qualifying purchase). If you require more advanced technical support or customization of software, additional consulting services or a support plan may be required. We reserve the right to change our support policy at any time.

14. GENERAL DISCLAIMER:

Megasafe Technology Pte Ltd neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc., of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Megasafe Technology Pte Ltd, its officers, and employees will not be liable for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.