User Agreement & Terms of Service

1. Introduction & Acceptance

This User Agreement ("Agreement") is a legally binding agreement between you ("User", "you") and Mobiweb Sdn Bhd (Company No. 760405-K) ("MobiWeb", "we", "us"), governing your use of all products, platforms, websites, and services operated by MobiWeb Sdn Bhd, including but not limited to iwsapp.my, iSMS, VocoText, and any other current or future services under the MobiWeb brand ("MobiWeb Services").

By clicking "Register", "Accept", or by otherwise accessing or using any MobiWeb service, you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you must not use the platform.

If you are registering on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to this Agreement.

2. License Grant and Restrictions

Subject to the terms of this Agreement and payment of applicable credits, MobiWeb grants you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the platform solely for your own internal business purposes.

You must not:

• Sublicense, resell, or transfer access to the platform without MobiWeb's prior written consent
• Reverse engineer, decompile, or attempt to derive the source code of any MobiWeb software
• Use the service in any way that violates applicable Malaysian law or regulation
• Use automated tools, bots, or scripts to access the platform except through authorised API methods

3. Intellectual Property

The MobiWeb platform, software, website content, trademarks, and all related intellectual property are owned by MobiWeb Sdn Bhd or its licensors. This Agreement does not grant you any ownership rights. All rights not expressly granted are reserved by MobiWeb.

You retain ownership of any content or contact data you upload to the platform. By uploading content, you grant MobiWeb a limited licence to process and transmit that content solely for the purpose of delivering your messages.

4. Registration & Account

You must register an account to use the platform and must provide true, accurate, current, and complete information as prompted during sign-up. You are responsible for maintaining the accuracy of your account information at all times.

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify MobiWeb immediately at sales@mobiweb.com.my if you suspect any unauthorised access to your account.

Accounts that share login credentials between multiple unrelated parties without MobiWeb's prior written approval may be suspended without notice.

5. Credits & Payment

MobiWeb operates on a prepaid credit system for SMS services and a postpaid billing model for WhatsApp Business API (WABA) services. Pricing is listed on our respective product websites and may be revised at any time with appropriate notice.

6. PDPA & User Data Obligations

As a user of the MobiWeb platform, you are a data user under Malaysia's Personal Data Protection Act 2010 (PDPA). You acknowledge and agree that:

• You are solely responsible for ensuring that all mobile numbers and personal data you upload have been collected with proper consent from the individuals concerned
• You will not upload personal data that was obtained unlawfully or harvested without authorisation
• You will comply with all applicable data protection laws in Malaysia and in any country to which you send messages
• You will provide recipients with a clear and easy method to opt out of receiving further messages
• You will not use the platform to process sensitive personal data without appropriate safeguards and consent

7. Acceptable Use Policy

You agree not to use the MobiWeb platform to send or facilitate any message that is:

• Unlawful, fraudulent, scam, phishing, or deceptive in nature
• Harassing, threatening, abusive, defamatory, or racially offensive
• Obscene, sexually explicit, or harmful to minors
• In violation of any applicable Malaysian or international law or regulation
• Designed to impersonate another person, business, or government authority
• Related to gambling, illegal financial schemes, or unlicensed financial services

MobiWeb reserves the right to suspend or terminate your account immediately if prohibited content is detected. All payments are non-refundable in such cases.

8. Anti-Spam Policy

MobiWeb has a zero-tolerance policy against spam. We maintain automated filtering systems to detect and block spam activity. Users found to be sending spam will have their accounts suspended immediately. All payments are strictly non-refundable.

If you receive unsolicited messages sent via the MobiWeb platform, please report them to sales@mobiweb.com.my with the message content, delivery time, and sender name or number.

9. Service Disclaimer

The delivery of SMS messages and WhatsApp Business API (WABA) messages is dependent on the effective functioning of:

• Mobile network operators' cellular networks and SMSC systems (for SMS)
• The WhatsApp/Meta platform and its policies (for WABA messages)
• The recipient's mobile device, network coverage, and handset status
• Third-party infrastructure and internet connectivity

10. Warranties

MobiWeb makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the platform, the information contained on the website, your personal information, or material and information transmitted over our system. The platform is provided on an "as-is" and "as-available" basis.

11. Limitation of Liability

To the maximum extent permitted by applicable Malaysian law, MobiWeb shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the platform — including but not limited to loss of revenue, loss of data, loss of business, or reputational damage.

The entire cumulative liability of MobiWeb to you for any claims arising under this Agreement shall not exceed the total amount paid by you to MobiWeb in the three (3) months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless MobiWeb Sdn Bhd, its directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the platform in violation of this Agreement
• Any content or messages you transmit through the platform
• Your violation of any applicable law or regulation, including the PDPA 2010 or the Communications and Multimedia Act 1998
• Any fine, penalty, or regulatory action imposed on MobiWeb as a direct result of your actions
• Your failure to obtain proper consent from message recipients as required by law

13. Force Majeure

MobiWeb shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, disruption of mobile network operators' infrastructure, changes to Meta/WhatsApp platform policies, government orders or regulatory actions, cyber attacks, power outages, or internet backbone failures.

14. Termination

MobiWeb may suspend or terminate your account immediately and without notice if you breach any term of this Agreement, engage in prohibited use, or fail to make payment. Upon termination, your access to the platform will be revoked immediately and any unused credits will be forfeited.

You may terminate your account at any time by written notice to sales@mobiweb.com.my. Credits are non-refundable upon voluntary termination, except where the 7-day unused credit refund policy in Section 5 applies.

15. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Both parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the resolution of any dispute arising out of or in connection with this Agreement.

In the event of any dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation within 30 days of written notice of the dispute.

16. General Terms

Entire Agreement: This Agreement constitutes the entire agreement between you and MobiWeb regarding the platform and supersedes all prior representations, commitments, or agreements.

Amendments: MobiWeb may modify this Agreement at any time by posting the updated version on our website with a revised effective date. Your continued use of the platform after such changes constitutes acceptance of the updated terms.

Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Language: This Agreement is written in English. In the event of any inconsistency between an English version and any translation, the English version shall prevail.

Privacy Policy: Your use of the MobiWeb platform is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.

17. Account Activation Requirements

All newly registered accounts require document verification before activation. After registration, please email your company or organisation documents to sales@mobiweb.com.my to proceed. Our team will review and activate your account accordingly.