Terms and Conditions

ARDIA NEXUS SDN BHD (Company Registration No.: 202201015173 (1460870-H))

These Terms and Conditions ("Terms") constitute a legally binding agreement between Ardia Nexus Sdn Bhd ("Ardia Nexus," "we," "us," or "our") and the Client (any party contracting our services) or User (any party utilizing our Platforms or services) regarding the use of our custom software/hardware services and any platforms we power or develop (collectively, the "Services" or "Platform"). By accessing or using our Services, you expressly acknowledge and agree to be bound by these Terms.

1.0 Definitions and Acceptance

• 1.1. Client/User: Refers to any individual or entity that engages Ardia Nexus for custom project work or uses any software, API, or Platform developed, owned, or powered by us.
• 1.2. Platform: Means any software system, application, API, website, or hardware interface developed, operated, or maintained by Ardia Nexus.
• 1.3. Services: Encompasses all activities provided by Ardia Nexus, including custom software development, hardware system design, project consultation, and the operation of our Platforms.
• 1.4. Acceptance: Your use of our Services, submission of a project quotation request, or access to any Platform constitutes your immediate and binding acceptance of these Terms.

2.0 Intellectual Property and Usage Restrictions

• 2.1. Ownership of Platform: The Platform, its source code, APIs, design, logos, and all associated intellectual property (IP) remain the sole and exclusive property of Ardia Nexus Sdn Bhd or its licensors.
• 2.2. Custom Project IP: Unless explicitly stated otherwise in a separate, written Service Agreement or Project Quotation, all IP, including all ideas, developed code, documentation, and designs, resulting from our custom software development services shall belong to the Client as per the specific contract terms. In the absence of such a specific clause, IP ownership will default to Ardia Nexus, granting the Client a non-exclusive, non-transferable license for its intended commercial use.
• 2.3. Prohibited Activities: The Client/User shall not and shall not permit others to:
  • Reverse Engineer: Decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt any part of the Platform or Ardia Nexus's proprietary technology. This prohibition includes converting machine-readable code into human-readable form.
  • Modify: Make any modification, adaptation, improvement, translation, or derivative work from the Platform without our prior written consent.
  • Unlawful Use: Violate any applicable laws, rules, or regulations of Malaysia in connection with the access or use of the Platform.
  • Compete: Use the Platform for creating a service, product, or software that directly or indirectly competes with or substitutes the Services offered by Ardia Nexus.
  • Spam/Abuse: Utilize the Platform to send unsolicited electronic messages (spam) or engage in any fraudulent, abusive, or harmful activities.

3.0 Financial and Payment Gateway Terms

• 3.1. Payment Processing: All payments for our Services or through our Platforms are processed securely via our authorized payment partner, BillPlz Sdn Bhd (or any successor payment gateway we appoint).
• 3.2. Currency: All financial transactions, invoices, and refunds relating to Ardia Nexus Services shall be conducted exclusively in Malaysia Ringgit (MYR).
• 3.3. BillPlz Terms Integration: By making a payment, the Client/User also agrees to the User Agreement, Privacy Policy, and all associated terms and conditions of the BillPlz payment gateway, which operate independently of these Terms.
• 3.4. Fees and Charges: All fees, charges, and rates for custom services are detailed in the specific Project Quotation. For platform usage or subscription fees, they will be clearly displayed prior to purchase. The Client/User is responsible for all applicable taxes and bank charges.

4.0 Third-Party Platforms and Liability

• 4.1. Use of Third Parties: Ardia Nexus relies on trusted third-party platforms for essential operational functions, which may include, but are not limited to:
  • BillPlz for payment processing.
  • Google Platform Cloud Server and API (e.g., Google Maps API, Firebase, Google Cloud Storage) for hosting and core Platform functionality.
  • Email, SMS, and Notification servers for communication.
  • Delivery Service Platforms for logistics related to hardware/physical products.
• 4.2. Disclaimer for Third-Party Services: Ardia Nexus is not liable for any failure, suspension, data breach, or loss arising from the *improper use, malfunction, or change in service* of any third-party platform listed in Clause 4.1.
• 4.3. API Usage Responsibility: If the Client/User integrates with a Platform API provided by Ardia Nexus, they must authenticate all requests using provided API Keys and Secret Keys over HTTPS. The Client/User bears full responsibility for any financial loss or security breach resulting from the improper use or compromise of their API credentials.

5.0 Governing Law and Disputes

• 5.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
• 5.2. Compliance: Ardia Nexus is fully committed to and operates in compliance with all relevant Malaysian laws and regulations, including the Consumer Protection Act 1999 (CPA) and the Personal Data Protection Act 2010 (PDPA).
• 5.3. Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Kuala Lumpur, Malaysia.

6.0 Contact Information