Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions govern your use of Cyphernova's website and services. By accessing our website or engaging our services, you agree to be bound by these terms. If you do not agree to these terms, please do not use our services.

Cyphernova is a company registered in Malaysia, providing AI integration services to businesses and organizations. These terms constitute a legally binding agreement between you (the "Client" or "User") and Cyphernova (the "Company," "we," "us," or "our").

2. Definitions

For the purposes of these Terms:

• "Services" refers to all AI integration services offered by Cyphernova, including Sentiment Analysis Solutions, Intelligent Quality Assurance, and AI Change Management Support
• "Client" or "You" refers to the individual or organization engaging our services
• "Agreement" means these Terms and Conditions together with any service-specific contracts or proposals
• "Website" refers to the Cyphernova website and all associated web properties
• "Personal Data" has the meaning given in the Malaysian Personal Data Protection Act 2010

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

We reserve the right to refuse service to anyone for any lawful reason at any time.

4. Description of Services

Cyphernova provides specialized AI integration services designed to help organizations adopt artificial intelligence capabilities thoughtfully and effectively. Our services include:

• Sentiment Analysis Solutions for understanding emotional context in communications
• Intelligent Quality Assurance for automated quality monitoring
• AI Change Management Support for organizational adoption guidance

Specific service deliverables, timelines, and pricing will be detailed in individual service agreements or proposals. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

5. Client Responsibilities and Obligations

As a client, you agree to:

• Provide accurate, current, and complete information during service engagement
• Maintain the confidentiality of any account credentials or access information
• Cooperate with us in good faith to facilitate service delivery
• Provide timely feedback and responses to our inquiries
• Ensure you have necessary rights and permissions for any data or materials you provide
• Comply with all applicable laws and regulations in your use of our services
• Notify us promptly of any security breaches or unauthorized access

6. Prohibited Uses

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or otherwise attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our services to transmit harmful code, malware, or viruses
• Engage in any activity that could damage our reputation or business

7. Intellectual Property Rights

Our Property: All content, materials, methodologies, software, and intellectual property associated with our services remain our exclusive property. This includes but is not limited to trademarks, logos, documentation, training materials, and proprietary processes.

Limited License: We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these terms. This license terminates upon conclusion of our service relationship.

Client Data: You retain all rights to data, content, and materials you provide to us. By providing such materials, you grant us a license to use them solely for the purpose of delivering services to you.

Work Product: Specific ownership of deliverables and work product will be addressed in individual service agreements.

8. Fees, Payment, and Billing

Service fees are specified in individual proposals or service agreements. Unless otherwise stated:

• Fees are quoted in Malaysian Ringgit (RM)
• Payment terms will be specified in the service agreement
• Late payments may incur interest charges at the rate of 1.5% per month
• We reserve the right to suspend services for non-payment
• All fees are exclusive of applicable taxes unless stated otherwise
• Refund policies will be specified in individual service agreements

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This obligation continues for three years following termination of services.

Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.

10. Warranties and Disclaimers

We warrant that we will perform our services with reasonable skill and care in accordance with professional standards. However:

SERVICES ARE PROVIDED "AS IS": Except as expressly stated in service agreements, our services are provided on an "as is" basis without warranties of any kind, either express or implied.

NO GUARANTEES OF RESULTS: While we strive for successful outcomes, we do not guarantee specific results, performance metrics, or business outcomes from our services. AI systems have inherent limitations and uncertainties.

Technology Limitations: We disclaim warranties regarding uninterrupted or error-free service operation, complete accuracy of AI systems, or fitness for any particular purpose beyond what is expressly stated in our agreements.

11. Limitation of Liability

To the maximum extent permitted by Malaysian law:

Cap on Damages: Our total liability arising from or related to our services shall not exceed the total fees paid by you for the specific services giving rise to the claim during the six months preceding the claim.

Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Exceptions: Nothing in these terms excludes or limits our liability for fraud, gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cyphernova, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of our services; (b) your violation of these terms; (c) your violation of any rights of another party; or (d) any content or data you provide to us.

13. Termination

By You: You may terminate our services in accordance with the terms specified in your service agreement.

By Us: We may terminate or suspend your access to our services immediately if you breach these terms, fail to pay fees, or engage in conduct that may harm our business or reputation.

Effect of Termination: Upon termination, you must cease all use of our services and materials. Provisions regarding payment, confidentiality, intellectual property, warranties, limitations of liability, and dispute resolution shall survive termination.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Jurisdiction: The courts of Kuala Lumpur, Malaysia shall have exclusive jurisdiction over any disputes arising from these terms or our services.

Informal Resolution: Before initiating formal proceedings, parties agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

16. General Provisions

Entire Agreement: These Terms, together with any service-specific agreements, constitute the entire agreement between you and Cyphernova regarding our services.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Notices: All notices under these Terms shall be in writing and delivered to the addresses specified in our service agreements or to [email protected].

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. For material changes, we will provide reasonable notice through email or website announcement.

Your continued use of our services after changes become effective constitutes acceptance of the modified terms. If you do not agree to the changes, you must discontinue use of our services.

18. Contact Information

For questions about these Terms and Conditions, please contact us: