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User Agreement

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User Agreement (the “Agreement”) is entered into among you (or “User”, referring to all individuals or entities who register, log in, use, or browse our Services), Smart Inhome Solutions Sdn Bhd (hereinafter referred to as “Smart Inhome” or “we”), and our operational cooperators (hereinafter referred to as “Cooperator”), with respect to www.smartinhome.com.my (hereinafter referred to as “Site”) and the products, programs, and services (including the SMAI+ app, hereinafter referred to as “Services”) of Smart Inhome.

 

Please read this Agreement carefully and fully understand all of its sections, including the terms of Disclaimer of Warranty, Limitation of Liability, and Rights and Limitations. Minors should read this Agreement accompanied by a legal guardian. Smart Inhome may suspend or stop providing our Services to you if you do not comply with our terms or policies. By your registration, login, usage of the Services, including the SMAI+ app, or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement.

 

By accepting this Agreement, you agree to accept all constraints, including accepting Smart Inhome’s right to modify the terms of this Agreement at any time without additional notice to you. You can log in on our webpage at any time to check the latest User Agreement. If you cannot accept any content that we have changed, you shall stop using Smart Inhome Services. By your continued use of our Services, you agree to accept and will be bound by the modified terms of this Agreement.

 

Terms of Usage of Our Services

You may visit the Site without registration. However, you need a Smart Inhome Account (“Account”) and provide relevant personal information on the registration webpage to access more Services, including the SMAI+ app. You can delete or suspend your Account under the instructions of the Site, and we will keep or delete your Account based on this Agreement.

 

You hereby commit and undertake the following:

 

  • You understand and agree that the Site and SMAI+ app are application service products. You shall take full responsibilities for the authenticity, legality, accuracy, and validity of your registration information; you shall also be responsible for updating any changes in your registration information to keep it up to date; you shall not post any information in the name of others; you shall not use registered accounts maliciously; otherwise, we reserve the right to suspend the Services, including access to the SMAI+ app, and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.

 

  • You shall use the Site and Services, including the SMAI+ app, in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may arise from your statements. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies in the correctness, integrity, or practicability of the content. Smart Inhome will not take any responsibility for any loss or damage that results from this behaviour or activity.

 

  • You have the obligation to take good care of the registration information on the Site and are responsible for all the activities. You must immediately notify Smart Inhome if you find any illegal or unauthorised activities. Smart Inhome will not be liable for damages or losses arising from a user’s non-compliance with any of the provision(s) above.

 

  • All your statements on the Site and SMAI+ app are public information that any third party has access to. Any statement posted will be deemed as public information, and the user should bear legal liability for this action. If you do not want any third party to access your statements, please do not post them.

 

SMAI+ App Usage

The SMAI+ mobile app is designed to enhance your smart home experience. By using the app, you agree to the following additional terms:

 

  • Account Management: To use the SMAI+ app, you must create an Account. You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account.

 

  • Device Control and Automation: The SMAI+ app allows you to control various smart devices connected to your home network. You agree to utilise the app responsibly, ensuring that it is used in accordance with these terms.

 

  • Data Privacy: Your use of the SMAI+ app may involve the collection of certain data related to your usage patterns and preferences. This data will be governed by our Privacy Policy, which forms part of this Agreement.

 

  • Updates and Modifications: Smart Inhome may periodically provide updates or changes to the SMAI+ app to improve functionality and performance. You agree to install updates as they become available, as these may be necessary for you to continue using the app effectively. We reserve the right to suspend or discontinue the SMAI+ app or any part thereof at any time without notice.

 

  • User Content: Any content you post, share, or transmit through the SMAI+ app is subject to the same guidelines regarding public information and legal liabilities as stated in the User Content section of this Agreement. You are solely responsible for any User Content you provide.

 

User Consent and Acknowledgment

You accept that, in relation to business development, we may change, suspend, restrict, terminate, or revoke the rights of our services, including the SMAI+ app, at any time without notice.

 

We may include advertisements, etc., in our Services. You agree to the display of advertisements and other events from us or our related parties or cooperators while enjoying our Services.

 

We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators, and saving relative information and reporting to relevant authorities based on the applicable laws and regulations.

 

User Content

User Content refers to all content (your information, pictures, music, or others) resulting from downloads, releases, or other activities through the Site, Smart Inhome Services, and the SMAI+ app. You are solely responsible for such content and bear all risks that result from your disclosure of such User Content.

 

  • Once you upload, release, or engage in activities through the Site, Smart Inhome Services, or the SMAI+ app, you automatically grant to Smart Inhome an irrevocable, non-exclusive, sub-licensable, transferable, and royalty-free global licence to use, reproduce, modify, publish, and display such User Content.

 

Rights and Obligations

You have the right to use the Site and SMAI+ app legally.

 

  • You have the right to upload, download, install, and use Smart Inhome products and services on mobile communication devices.

 

  • Smart Inhome and its related companies possess the ownership of the Accounts. You have the right to use Smart Inhome Accounts after you complete your registration. The rights to use these Accounts solely belong to you, and you are not allowed to borrow, lease, licence, transfer, gift, or sell Smart Inhome Accounts. Smart Inhome has the right to retrieve any Account for operational needs.

 

  • You have the right to change and remove personal information, registered information, and any content posted on the SMAI+ app. Please note that you have to take the risk that any pictures or words saved in the system might also be deleted when you remove related information.

 

  • You are responsible for the safety of your Account information and password and should bear legal liability for activities under registered Accounts. You agree not to use the passwords and Accounts of others under any circumstances. You agree to immediately notify Smart Inhome once you suspect others using your password or Account.

 

Rights Limitations and Restrictions

You shall not sell, lease, transfer, release, or make other commercial use of the content from the Site, SMAI+ app, or Smart Inhome products and services (including but not limited to the content or the advertisements or sponsored content).

 

  • You shall not visit the Site or use Smart Inhome Services to establish similar or competitive services.

 

  • Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, paste, or decompile any part of the Site, SMAI+ app, or Smart Inhome Services in any manner.

 

  • You agree to bear all the risks and take full legal liability for the following activities while using the Site, SMAI+ app, or Services:

 

  • Opposing the basic principles determined in the applicable Constitution and other regulations.

  • Endangering national security, leaking state secrets, subverting the government, and undermining national unity.

  • Harming national honour and interests.

  • Inciting ethnic hatred or ethnic discrimination, and undermining national unity.

  • Undermining national religious policy, promoting cults and superstitions.

  • Spreading rumours, disturbing social order, undermining social stability.

  • Spreading obscenity, pornography, gambling, violence, murder, terrorism, or instigating others to commit crimes.

  • Insulting or slandering others, infringing upon the legal rights and interests of others.

  • All other contents prohibited by the administrative regulations and laws.

 

You shall not use the Site or Smart Inhome Services, including the SMAI+ app, to engage in any of the following behaviours:

 

  • Upload or release viruses, worms, or malware to damage or change computer systems or data.

 

  • Collect information or data of other users, such as email addresses, without authorisation.

 

  • Disable network connection of the Site or the SMAI+ app, cause the site to overload with traffic, or interrupt or undermine the website server and connections in other ways.

 

  • Attempt to access the Site, SMAI+ app, our server, or the Site connection without authorization.

 

  • Interrupt or undermine other users' normal use of the Smart Inhome Services.

 

Third Party

You understand and agree that our services are based on technical support from third parties. You consent that we may provide some of your personal data to such third parties in the course of receiving technical or any other support from them. You agree and authorise the Site, SMAI+ app, and Smart Inhome products and services to limit your rights of using the Site and SMAI+ app services.

 

Liability for Our Services

You agree to use the Site, SMAI+ app, and Services harmlessly and help Smart Inhome avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost, and fees (including but not limited to counsel fees) from any third party caused by the use of the Site, SMAI+ app, or Services, your User Content, or your violation of this Agreement.

 

Smart Inhome reserves the exclusive right to defend against any claims and the right to seek compensation for any legal fees incurred in the process.

User Content refers to all content (your information, pictures, music, or others) resulting from downloads, releases, or other activities through the Site, Smart Inhome Services, and the SMAI+ app. You are solely responsible for such content and bear all the risks that result from your disclosure of such User Content.

You will not unilaterally reconcile when you and Smart Inhome jointly file a lawsuit against any third party without written consent from Smart Inhome.

 

Disclaimer of Warranty

Smart Inhome will not bear any legal liability under the circumstances stated below:

 

  • Provision of your personal information requested by government departments or laws.

 

  • Disclosure of private information caused by your negligent actions.

 

  • Any circumstances caused by suspensions, breakdowns, or other issues that result from hacking, virus invasions, blockings due to illegal and harassing content, government control, or any other reasons related to network, technique, communication line, and information security management.

 

  • Losses to users due to any third party, such as communication line breakdown, technical problems, or other cases of force majeure.

 

  • Risks coming from threat, defamation, offensive, or illegal information caused by anonymous or percolation through the Site, SMAI+ app, or Smart Inhome Services.

 

  • Any psychological or physical damage or economic losses due to misleading or deceiving interactions with others through the Site or Services.

 

The Site and Smart Inhome Services expressly declare that we do not guarantee the timeliness, security, and accuracy of the Services, including but not limited to the following features provided by the SMAI+ app:

 

  • Device Management: The ability to manage your smart home devices may vary based on device compatibility and network conditions. Additionally, Smart Inhome does not guarantee uninterrupted access to devices.

 

Intellectual Property

Any information posted on the Site or the SMAI+ app should not infringe the intellectual property of any third party. You cannot upload, release, change, spread, or copy any material or trademark under copyright protection or proprietary information of others without the written consent of the owner. If Smart Inhome receives an appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation.

 

Graphics, words, and compositions involving Smart Inhome and other related logos appearing in Smart Inhome products and services are the trademarks of Smart Inhome. Without written consent, you cannot display or use them in any manner. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or bundling sell with other products.

 

Modification and Termination

Modified Terms: We may change or modify terms of this Agreement at any time and will notify you through your email address or notifications on the Site and SMAI+ app. Your continued use of the Site, SMAI+ app, and all other Services after modifications to the terms indicates your agreement to such changes.

 

Smart Inhome reserves the right to modify, suspend, or terminate the Site and Smart Inhome products and services without notification at any time.

 

Termination: This Agreement becomes valid and stays valid during your use of the Site, SMAI+ app, and Smart Inhome products and services, until termination according to this Agreement.

 

In spite of the preceding provisions, this Agreement becomes effective the first time you use the Site, SMAI+ app, and Smart Inhome products and services if that happens before you accept this Agreement. This stays valid unless early termination applies.

 

We may reserve your right to access the Site, SMAI+ app, and your account; we may terminate this Agreement at any time for any reason without notice if we believe you have violated our acceptable policies or other terms of this Agreement.

 

Not subject to the preceding provisions, Smart Inhome reserves the right to terminate this Agreement if the user infringes on the copyright of the third party and receives notice from the owner or the legal representative of the owner.

 

Once this Agreement is terminated, all your website accounts and your right to use the Site, SMAI+ app, and Smart Inhome products and services will also be terminated. You should understand that this means your User Content will be removed from our database. Smart Inhome will not take any responsibility for terminating this Agreement, including terminating your user account and removing your User Content.

 

Any revised version of the Site, updates, or other changes of the Smart Inhome Services will be governed by this Agreement.

 

Additional Terms

Feedback: Your suggestions to Smart Inhome (“Feedback”) are regarded as transferring all rights of Feedback; Smart Inhome has the right to use the Feedback in any appropriate manner. We also consider this feedback unclassified and non-exclusive.

 

You agree not to provide any information you regard as private or proprietary to Smart Inhome. We reserve the rights (not obligations) to examine your content based on our judgments. We have the right to remove your content at any time for any reason. According to the terms of Modification and Termination, we have the right to reserve or terminate your account.

 

Privacy Policy: Please review our Privacy Policy, which has equivalent rights with and is indivisible from this Agreement. The terms of the Privacy Policy are binding on you at all times.

 

Notification

You must provide the latest, most used, and valid email address. Smart Inhome will not take any responsibility if we are unable to reach you through the email address you provide. Undoubtedly, the notifications on the Site and emails sent to you consist of valid notifications.

 

Applicable Law

The interpretation of the terms of this Agreement, effectiveness, and dispute resolution are applicable to the laws of Malaysia. If any dispute or controversy arises between you and Smart Inhome, it should first be settled through friendly consultation.  If consultation fails, you agree to submit the dispute to the jurisdiction court Smart Inhome is located.

 

Independence

If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally, and other provisions remain applicable.

 

Integrality

This Agreement (including the Privacy Policy) is the ultimate, integral, and exclusive agreement between you and Smart Inhome, regarding any matter relating to the Site, SMAI+ app, and Smart Inhome products and services.

 

The title of each paragraph is written only for the convenience of reading and does not hold any legal or contractual obligations.

 

Without written consent from Smart Inhome, you cannot transfer the rights and obligations stated in this Agreement. Any behaviour or activity that violates the provision about such a transfer attempt is invalid.

 

Contact Us

If you have any questions or concerns regarding this Agreement, please contact us:

  • Address: Smart Inhome Solutions Sdn Bhd
    Reg# 202401015088(1560938X)

       No. 172 Ground Floor, 

       Jalan Lembah, Taman Tasek, 

       80200 Johor Bahru

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