Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") constitute a binding agreement between the Nexhaul Saas solution ("Company," "we," "us," "our") and you ("User," "you," "your"). By accessing, registering for, or using this Platform (the "Platform" or "Service"), you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you may not use the Platform.

These Terms are governed by the laws of Malaysia and comply with:

• Malaysian Communications and Multimedia Act 1998
• Personal Data Protection Act 2010 (PDPA)
• Contracts Act 1950
• APAD/SPAD regulations and guidelines

2. Eligibility & Account

Who Can Use Nexhaul Safe

To use the Platform, you must:

• Be at least 18 years old or the legal age of majority in Malaysia
• Be authorized to enter into a binding agreement on behalf of your organization
• Be a registered goods vehicle operator (GVO) under APAD, or authorized personnel of such operator
• Comply with all applicable Malaysian laws and regulations
• Not be prohibited from entering contracts under Malaysian law
• Not be on any regulatory sanctions list (APAD, SPAD, MCMC)

Account Registration & Information

You are responsible for:

• Providing accurate, current, and complete information during registration
• Verifying that your company details and APAD license information are correct
• Maintaining the confidentiality of your account credentials and password
• Notifying us immediately of any unauthorized access or security breach
• Updating your account information to reflect changes in organization details

Account Suspension for Inaccurate Information

We reserve the right to suspend or terminate your account if we discover that information provided during registration is false, incomplete, or misleading, particularly APAD license details or company registration information.

3. License & Use Restrictions

Limited License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes only, strictly in accordance with these Terms.

Prohibited Uses

You agree not to:

• Use the Platform for any illegal purpose or in violation of any Malaysian law or regulation
• Submit false or fraudulent data, particularly ICOP compliance records, vehicle information, or driver details
• Reproduce, modify, adapt, translate, or create derivative works from the Platform without permission
• Reverse-engineer, decompile, disassemble, or attempt to discover the source code of the Platform
• Remove, obscure, or alter any copyright, trademark, or proprietary notices
• Access the Platform through unauthorized automated means (scraping, bots, or scripts)
• Sell, transfer, assign, or sublicense the Platform or your access rights to others
• Interfere with the Platform's functionality or security (hacking, DoS attacks, malware)
• Transmit viruses, worms, malicious code, or harmful content
• Harass, threaten, or abuse other users or our staff
• Use the Platform to spy on, track, or endanger drivers or other individuals without consent
• Attempt to gain unauthorized access to restricted areas or data
• Bypass or disable security features or restrictions
• Infringe on the intellectual property rights of others

4. User Responsibilities

Data Accuracy & Compliance Records

You are solely responsible for the accuracy and completeness of all data submitted to the Platform, including:

• ICOP inspection records (Lampiran A2)
• Vehicle condition reports (Lampiran B)
• Driver information and licensing details
• Maintenance records and service history
• Cargo documentation
• Fuel consumption and cost data

You acknowledge that Nexhaul Safe is a compliance tool, not a substitute for your legal obligations under APAD. Nexhaul Safe does not create compliance; you do.

Document Uploads & OCR Processing

When uploading documents:

• You warrant that you have the right to upload and share the documents
• You are responsible for verifying OCR-extracted data for accuracy (OCR is not 100% accurate)
• You shall not upload documents containing false or fraudulent information
• You acknowledge that we process documents through third-party OCR services (e.g., AWS Textract)

Monitoring & Audit Trails

You understand that the Platform maintains detailed audit trails of all user actions, data modifications, and submissions. These trails are used for:

• Regulatory compliance verification
• Dispute resolution
• Security investigations
• System integrity and performance monitoring

Multi-User Access & Team Management

If you add team members to your account:

• You are responsible for all actions taken by authorized users under your account
• You shall promptly remove access for departed employees or unauthorized individuals
• You agree to ensure that all team members comply with these Terms
• You remain liable for any violations by your team members

5. ICOP Compliance & Legal Use

Your Legal Obligations

By using Nexhaul Safe, you acknowledge:

• You understand the 26 ICOP codes and your obligations under APAD regulations
• You are responsible for compliance and risk a RM500,000 penalty for non-compliance
• Nexhaul Safe helps you manage and track compliance but does not guarantee compliance
• You must maintain records for a minimum of 7 years as required by APAD
• You shall respond to APAD inspection requests and provide accurate documentation
• You will not use the Platform to submit false or fraudulent compliance records

Regulatory Changes & Updates

APAD regulations may change. While we strive to keep the Platform current with regulatory changes, we cannot guarantee that the Platform reflects all amendments at all times. You are responsible for staying informed of regulatory updates through official APAD communications.

APAD Inspection & Audits

You authorize us to cooperate with APAD, SPAD, and other Malaysian regulatory authorities in providing information from the Platform, if lawfully requested through proper legal channels. You shall not interfere with any regulatory investigation or audit.

6. Subscription & Billing

Pricing & Payment

• Pricing is listed on our website in Malaysian Ringgit (MYR)
• We accept major credit cards, bank transfers (FPX, online banking), and e-wallets
• Payment is processed securely through third-party payment processors (Stripe, FPX)
• All prices exclude GST/Service Tax where applicable

Billing & Renewal

• Free Trial: Certain plans may offer a free trial period. After trial expiration, you must provide payment information to continue
• Automatic Renewal: Subscriptions automatically renew unless you cancel before the renewal date
• Billing Cycle: Billing occurs on the date you started your subscription (monthly/annual, as selected)
• Invoice: We will email receipts and invoices for your accounting records

Cancellation & Refunds

• You may cancel your subscription at any time through your account settings
• Refund Policy: Subscription fees are non-refundable except as required by law. Cancellation takes effect at the end of your billing cycle
• Upon cancellation, you retain read-only access to your data for 90 days to export ICOP records; thereafter, data is permanently deleted
• You remain responsible for maintaining your own backups of compliance records

Failed Payments

If a payment fails:

• We will attempt to retry payment for 3 days
• If payment remains unsuccessful, your account will be suspended
• Upon suspension, you will receive email notification and 7 days to resolve payment
• If not resolved, your account and data may be deleted

Price Changes

We may change pricing with 30 days' notice. Changes take effect at your next renewal. If you do not accept price changes, you must cancel before renewal.

7. Disclaimers & Warranties

Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. We disclaim:

• Merchantability: The Platform may not be fit for your specific business needs
• Fitness for Purpose: We do not warrant the Platform will achieve compliance with APAD/ICOP standards
• Non-Infringement: We do not warrant that the Platform does not infringe third-party rights
• Accuracy: OCR extraction, analytics, and compliance recommendations may contain errors
• Availability: The Platform may experience downtime, service interruptions, or technical issues
• Third-Party Services: We do not warrant the accuracy or reliability of third-party services integrated with the Platform (GPS providers, SMS gateways, OCR services)

No Professional Advice

The Platform does not constitute legal, financial, regulatory, or professional advice. Consult your accountant, lawyer, or compliance officer regarding APAD obligations. Nexhaul Safe is a tool for record-keeping and organization, not a substitute for expert professional guidance.

Data Loss & Backup

While we maintain regular backups and use redundant systems, data loss is possible. You are responsible for maintaining your own backups of critical compliance records. We are not liable for data loss resulting from technical failures, user error, or force majeure events.

8. Limitation of Liability

Total Liability Cap

IN NO EVENT SHALL NEXHAUL SAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect Damages: Loss of profits, revenue, business opportunity, or data
• Consequential or Punitive Damages: Even if advised of the possibility of such damages
• APAD Penalties: Any fines or penalties imposed by APAD or regulatory authorities (up to RM500,000)
• Regulatory Non-Compliance: Failure to achieve or maintain ICOP compliance
• Business Interruption: Lost revenue or operational disruption caused by service unavailability

Liability Limit

Our total aggregate liability to you shall not exceed the total amount you paid for the Platform in the 12 months preceding the claim, or RM1,000 (whichever is greater). This limitation applies to all claims, whether in contract, tort (including negligence), strict liability, or otherwise.

Exceptions to Limitation

The above limitations do not apply to:

• Personal injury or death caused by our gross negligence or willful misconduct
• Claims that cannot be limited under Malaysian law (statutory limits)
• Fraud or willful breach of these Terms

9. Indemnification

You agree to defend, indemnify, and hold harmless Nexhaul Safe, its directors, officers, employees, agents, and partners from and against any and all claims, damages, costs, and expenses (including legal fees) arising from or relating to:

• Your use of the Platform
• Data or content you submit or upload
• Violation of these Terms or applicable laws
• Infringement of third-party intellectual property rights
• Regulatory violations or non-compliance with APAD/ICOP standards
• Actions or omissions of your authorized users
• Claims by your drivers, employees, customers, or other stakeholders

10. Intellectual Property

Ownership of Platform

All content, features, functionality, software, code, designs, layouts, and materials on the Platform (collectively, "IP") are owned exclusively by Nexhaul Safe or licensed to us by third parties. These are protected by copyright, trademark, patent, and other intellectual property laws.

Your IP Rights

You retain ownership of the data you upload (documents, vehicle information, driver records). However, you grant Nexhaul Safe a non-exclusive, worldwide, perpetual license to use, process, store, and analyze this data to provide the Platform and comply with regulatory requirements (e.g., maintaining 7-year ICOP records).

Restrictions on Our IP

You may not:

• Copy, reproduce, or distribute our Platform or content without permission
• Create derivative works based on our IP
• Use our trademarks, logos, or branding without authorization
• Reverse-engineer or decompile our software
• Share your login credentials or allow others to use your account to access our IP

Feedback & Suggestions

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us freely without compensation or attribution.

11. Third-Party Services & Links

Third-Party Integrations

The Platform may integrate with or reference third-party services, including:

• Payment Processors: Stripe, FPX, online banking gateways
• Cloud Infrastructure: AWS, Google Cloud
• OCR & AI Services: AWS Textract, third-party AI/ML providers
• GPS & Maps: Google Maps, HERE Maps, other geolocation services
• Communications: Twilio (SMS), SendGrid (email)
• Analytics: Google Analytics, Mixpanel

No Endorsement or Responsibility

We do not endorse, warrant, or take responsibility for third-party services. Your use of third-party services is governed by their terms of service and privacy policies. We are not liable for any damages, errors, or failures caused by third-party services.

External Links

The Platform may contain links to external websites (e.g., APAD official site, regulatory resources). We do not endorse or control these sites. Your use of external sites is at your own risk and governed by their terms.

12. Termination & Suspension

Termination by You

You may terminate your account and these Terms at any time by submitting a termination request through your account settings or emailing us at support@logisafe.my. Upon termination, you will lose access to the Platform and your account data (after 90-day export period).

Termination or Suspension by Us

We may suspend or terminate your account and access to the Platform immediately, without notice, if:

• You violate these Terms or applicable laws
• You submit false or fraudulent compliance records
• You engage in illegal activity or unauthorized access
• Your account is used for harassment, abuse, or harm to others
• You are insolvent, bankrupt, or in receivership
• Your APAD license is suspended, revoked, or expired
• You pose a security risk to the Platform or other users
• Payment for services fails and remains unresolved for 30 days
• We are required by law or regulatory order to do so

Effect of Termination

Upon termination:

• Your access to the Platform ceases immediately
• You remain liable for all fees incurred through the termination date
• You may export your data within 90 days; thereafter, data is permanently deleted
• Sections on Limitation of Liability, Indemnification, and Governing Law survive termination

13. Modifications to Services

Changes to the Platform

We reserve the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time. Changes may include:

• New features or functionality
• Removal of existing features
• Changes to pricing or billing terms
• Changes to user interface or workflows
• Integration or removal of third-party services

Notice & Continuity

For material changes (particularly those affecting ICOP compliance functionality), we will provide 30 days' notice. For critical security updates or emergency fixes, we may implement changes immediately without notice. We will use reasonable efforts to maintain backward compatibility and data integrity during transitions.

No Liability for Modifications

We are not liable for any adverse effects resulting from modifications to the Platform, provided we act reasonably and in good faith.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts of Malaysia for any disputes arising from these Terms or your use of the Platform.

Applicable Legislation:

• Contracts Act 1950
• Communications and Multimedia Act 1998
• Personal Data Protection Act 2010
• Any other applicable Malaysian federal or state laws

15. Dispute Resolution

Negotiation

If a dispute arises, the parties agree to attempt good faith negotiation for 30 days before pursuing formal proceedings.

Arbitration (Optional)

At either party's request, disputes may be submitted to arbitration under the Kuala Lumpur Regional Centre for Arbitration (KLRCA) Rules or Malaysian Arbitration Act 2005. Arbitration shall be conducted in English in Kuala Lumpur, Malaysia.

Small Claims Exception

Either party may pursue small claims (under RM5,000) in Small Claims Tribunals or Magistrate Courts without arbitration.

Waiver of Class Action

You agree that disputes shall be brought only on an individual basis and not in any class, collective, or representative action.

16. Contact Information

Notice of Changes

We may update these Terms at any time. Changes are effective upon posting to the website. Your continued use of the Platform after changes constitutes your acceptance of the updated Terms. We will notify you of material changes via email.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nexhaul Safe regarding the Platform. All previous agreements, understandings, and negotiations are superseded.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Last Updated: January 1, 2026
Version: 1.0
Document Language: English (Malay translation available upon request)