Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply:

• "Service" or "Services" refers to the AI model monitoring, multi-modal data fusion, and conversational analytics services provided by Omnifold.
• "User," "You," or "Client" refers to the individual or organization accessing or using our Services.
• "We," "Us," or "Omnifold" refers to Omnifold, operating from George Town, Penang, Malaysia.
• "Agreement" refers to these Terms and Conditions together with any service-specific agreements.
• "Content" refers to information, data, text, software, and other materials provided through our Services.

2. Acceptance of Terms

By accessing our website or engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our Services.

You must be at least 18 years of age to use our Services. By using our Services, you represent that you have the legal capacity to enter into binding contracts in Malaysia.

For organizations, the person accepting these terms represents that they have authority to bind the organization to this Agreement.

3. Service Description

Omnifold provides the following AI services:

• AI Model Monitoring and Maintenance: Ongoing monitoring services for production AI systems, including drift detection, performance tracking, and monthly reporting.
• Multi-Modal Data Fusion: Services to combine data from multiple modalities into unified analysis frameworks with custom architecture design and implementation.
• Conversational Analytics: Analysis of customer conversation data to surface themes, patterns, and insights through topic modeling and interactive dashboards.

Services are provided according to specifications outlined in individual service agreements. We reserve the right to modify or discontinue Services with reasonable notice to active clients.

4. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information when engaging our Services
• Maintain the security of any access credentials provided to you
• Use the Services only for lawful purposes and in accordance with this Agreement
• Comply with all applicable laws and regulations in Malaysia and your jurisdiction
• Not attempt to gain unauthorized access to our systems or infrastructure
• Not interfere with or disrupt the integrity or performance of the Services
• Not use the Services to transmit malicious code or harmful content
• Ensure you have necessary rights and permissions for any data you provide to us

Failure to comply with these responsibilities may result in suspension or termination of Services.

5. Intellectual Property Rights

5.1 Omnifold's Intellectual Property

All intellectual property rights in our Services, including software, algorithms, documentation, dashboards, and methodologies, remain the exclusive property of Omnifold. This Agreement does not transfer any ownership rights to you.

5.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Services during the term of your engagement. This license includes:

• Access to monitoring dashboards and analytics platforms as specified in your service agreement
• API access to services you have subscribed to
• Use of documentation and training materials provided as part of the service

5.3 Client Data

You retain all intellectual property rights in the data you provide to us. By engaging our Services, you grant us a limited license to access, process, and analyze your data solely for the purpose of delivering the contracted Services. We do not claim ownership of your data.

6. Payment Terms

6.1 Pricing

Service pricing is outlined on our website and in individual service agreements. All prices are stated in Malaysian Ringgit (RM) unless otherwise specified. Current pricing includes:

• AI Model Monitoring and Maintenance: RM 2,400 per month
• Multi-Modal Data Fusion: RM 7,800 project fee
• Conversational Analytics: RM 3,500 project fee

6.2 Payment Methods

We accept payment via bank transfer, corporate check, and other methods as agreed in service contracts. Payment terms will be specified in your service agreement.

6.3 Invoicing

For monitoring services, invoices are issued monthly. For project-based services, invoicing terms are outlined in the project agreement. Payment is due within 30 days of invoice date unless otherwise agreed.

6.4 Late Payment

Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by Malaysian law, whichever is lower. Persistent non-payment may result in service suspension.

7. Service-Specific Terms

7.1 Model Monitoring Services

Monitoring engagements require access to your AI systems and models. You are responsible for providing necessary access credentials and permissions. Service delivery depends on the accuracy and completeness of information you provide about your systems.

7.2 Data Fusion Services

Project scope, timeline, and deliverables are defined in a separate Statement of Work. You must provide sample data and access to relevant systems during the discovery phase. Changes to project scope may affect timeline and pricing.

7.3 Conversational Analytics

You must ensure you have appropriate rights and permissions to provide conversation data for analysis. The analytics platform remains accessible for the period specified in your service agreement.

8. Confidentiality

Both parties agree to maintain confidentiality of information disclosed during the service engagement. This includes:

• Business information, strategies, and operations
• Technical information about AI systems and models
• Customer data and conversation information
• Proprietary methodologies and algorithms

Confidentiality obligations survive termination of the service agreement. Exceptions include information that is publicly available, independently developed, or required to be disclosed by law.

9. Disclaimers

Services Provided "As Is": Our Services are provided on an "as is" and "as available" basis. While we strive for high quality, we make no warranties regarding uninterrupted or error-free operation.

No Guaranteed Results: AI systems are complex and dependent on many factors. We do not warrant specific outcomes, performance improvements, or results from our Services.

Professional Advice: Our Services provide technical support and analysis but do not constitute professional advice on business strategy, legal matters, or financial decisions.

10. Limitation of Liability

To the maximum extent permitted by Malaysian law:

• Our total liability for any claims arising from Services shall not exceed the fees paid by you for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, or special damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for damages resulting from unauthorized access to your systems or data

This limitation applies regardless of the legal theory underlying the claim and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold Omnifold harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of another party. This includes claims related to data you provide to us for processing.

12. Termination

12.1 Termination by Either Party

Either party may terminate this Agreement with 30 days written notice. For monitoring services, termination is effective at the end of the current billing period. For project-based services, termination terms are outlined in the project agreement.

12.2 Termination for Breach

Either party may terminate immediately if the other party materially breaches this Agreement and fails to cure the breach within 15 days of written notice.

12.3 Effects of Termination

Upon termination, your access to Services will cease. You remain responsible for any outstanding fees. We will return or securely delete your data as specified in the service agreement. Provisions regarding confidentiality, intellectual property, and liability survive termination.

13. Dispute Resolution

13.1 Governing Law

This Agreement is governed by the laws of Malaysia. The Malaysian courts shall have exclusive jurisdiction over any disputes arising from this Agreement.

13.2 Informal Resolution

In the event of a dispute, parties agree to first attempt informal resolution through good faith negotiations for a period of 30 days.

13.3 Formal Proceedings

If informal resolution is unsuccessful, disputes may be resolved through the Malaysian courts. Each party is responsible for their own legal costs unless otherwise determined by the court.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any service-specific agreements and our Privacy Policy, constitute the entire agreement between you and Omnifold regarding the Services.

14.2 Severability

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

14.3 Waiver

Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement to an affiliated entity or in connection with a merger or sale of assets.

14.5 Notices

All notices under this Agreement must be in writing and delivered via email or registered mail to the addresses provided in service agreements.

15. Changes to Terms

We may modify these Terms from time to time. When we make changes, we will update the "Last Updated" date. For active service engagements, we will provide notice of material changes. Continued use of Services after changes become effective constitutes acceptance of the modified Terms.