iSMS 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", "iSMS", "we", "us"), governing your use of all products, platforms, websites, and services operated by MobiWeb Sdn Bhd, including but not limited to 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 iSMS 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 iSMS 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 iSMS platform solely for your own internal business purposes.

You must not:

• Sublicense, resell, or transfer access to the iSMS platform without MobiWeb's prior written consent
• Reverse engineer, decompile, or attempt to derive the source code of any iSMS 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 iSMS 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 iSMS 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 iSMS 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 support@mobiweb.com.my if you suspect any unauthorised access to your account.

In the event of a company account transfer, the outgoing company must notify MobiWeb in writing. All account balances and pending obligations remain with the registered account holder until formal transfer is completed.

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

5. SMS Credits & Payment

iSMS operates on a prepaid credit system. Pricing is listed on our respective product websites and may be revised at any time without prior notice.

Network service providers' charges and rates may differ from iSMS published rates for international destinations and may be revised without prior notice.

6. PDPA & User Data Obligations

As a user of the iSMS 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 to the iSMS platform have been collected with proper consent from the individuals concerned, as required under the PDPA 2010
• You will not upload personal data that was obtained unlawfully, purchased from third parties without the data subjects' consent, 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, and will honour such opt-out requests promptly
• You will not use the iSMS platform to process sensitive personal data (as defined under the PDPA) without appropriate safeguards and consent

7. Acceptable Use Policy

You agree not to use the iSMS 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. MobiWeb may also report such activity to the relevant authorities including MCMC, the Royal Malaysia Police, or Bank Negara Malaysia where appropriate.

8. Anti-Spam Policy

iSMS 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 iSMS platform, please report them to support@mobiweb.com.my with the message content, delivery time, and sender name or number. We take all spam complaints seriously and investigate promptly.

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

For SMS in Malaysia, delivery reports reflect acknowledgement by the Telco SMSC only — not confirmed delivery to the recipient's handset. Malaysian telcos do not provide handset-level delivery confirmation (DLR) by default.

Network operators and Meta/WhatsApp may modify, enhance, develop, or discontinue components of their services at any time without prior notice, and MobiWeb shall be entitled to modify or discontinue related services accordingly without liability.

10. Warranties

iSMS 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 iSMS platform — including but not limited to loss of revenue, loss of data, loss of business, or reputational damage — even if MobiWeb has been advised of the possibility of such damages.

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, unless otherwise agreed by MobiWeb in writing.

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 iSMS platform in violation of this Agreement
• Any content or messages you transmit through the iSMS platform
• Your violation of any applicable law or regulation, including the PDPA 2010, the Communications and Multimedia Act 1998, or any anti-spam regulations
• Any claim by a third party that your use of the platform infringes their rights
• Any fine, penalty, or regulatory action imposed on MobiWeb by MCMC or any other authority as a direct result of your actions
• Your failure to obtain proper consent from message recipients as required by law

This indemnification obligation shall survive the termination or expiry of this Agreement.

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, floods, earthquakes, or pandemics
• Disruption or failure of mobile network operators' infrastructure
• Changes to Meta/WhatsApp platform policies or service discontinuation
• Government orders, regulations, or actions by regulatory authorities (including MCMC)
• Cyber attacks, denial-of-service attacks, or third-party infrastructure failures
• Power outages or internet backbone failures

MobiWeb will use reasonable endeavours to notify affected users and restore services as soon as practicable following a force majeure event.

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 iSMS platform will be revoked immediately
• Any unused credits in your account will be forfeited and are non-refundable in cases of termination for breach
• You must immediately cease using the platform and any associated services

If your account is terminated due to credit expiry (inactive for more than 90 days after expiry), MobiWeb may permanently delete your account data. MobiWeb will make reasonable efforts to notify you prior to account deletion.

You may terminate your account at any time by written notice to support@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. If resolution cannot be reached within that period, either party may pursue remedies available under Malaysian law.

16. General Terms

Entire Agreement: This Agreement constitutes the entire agreement between you and MobiWeb regarding the iSMS 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.

Waiver: MobiWeb's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Conflict: Where conflict appears between these terms and any other relevant terms and conditions, the more specific terms shall prevail.

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 iSMS platform is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.

Account Activation Requirements

All newly registered iSMS 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.