// LEGAL · TERMS & CONDITIONS

Terms of Service

Last updated: July 2026  ·  Effective: July 2026

PDPA 2010 (Amended 2024) GDPR Ready ISO 27001 · Partner SOC2 Type II · Partner

Who These Terms Apply To

TTD's business spans two distinct relationships, and these Terms are written to reflect that:

  • Direct users of our public website and general services — visitors, subscribers, job applicants, and anyone interacting with tehtarik.digital directly. These Terms of Service govern that relationship in full.
  • Enterprise and government clients who deploy our platforms — IRIS, JomWork, NURI, and SmartPole OS — and the employees, citizens, or end-users of those clients. The commercial and data-processing terms of that relationship are governed by the applicable signed Master Service Agreement (MSA) and Data Processing Agreement (DPA) between TTD and the client, not by these public Terms. Where these Terms and a signed MSA/DPA conflict for that client relationship, the MSA/DPA prevails.

If you are an employee, contractor, or citizen using one of our platforms because your employer or a government authority has deployed it, your rights and TTD's obligations regarding your data are set out in the Privacy Policy's "Our Role: Data Controller vs. Data Processor" section and in the deploying organisation's own agreement with TTD — not in these Terms.

Acceptance of Terms

Welcome to Teh Tarik Digital ("TTD", "we", "our", "us"). These Terms of Service ("Terms") govern access to and use of our public-facing website, applications, and general services (collectively, the "Services"), as scoped above.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services. You also acknowledge that any personal data you provide will be processed in accordance with our Privacy Policy.

Security & Compliance

TTD maintains a multi-framework compliance posture consistent with the Personal Data Protection Act 2010, as amended by the Personal Data Protection (Amendment) Act 2024 ("PDPA"), and GDPR where applicable. As of the PDPA Amendment, data processors — a role TTD holds for its enterprise platform clients — are directly and independently subject to the PDPA's Security Principle (Section 9), in addition to data controllers.

Data is hosted on infrastructure provided by ISO/IEC 27001 and SOC 2 Type II certified providers. Full details, including TTD's role as Data Controller or Data Processor depending on context, are set out in our Privacy Policy.

Eligibility

The Services are not directed to children under the age of 16. By using the Services, you represent and warrant that you are at least 16 years old. If you are between 16 and 18, you represent that you have obtained parental or legal guardian consent. TTD does not knowingly collect personal information from children under 16. If we become aware that a user under 16 has provided personal information, we will delete it promptly, as described in our Privacy Policy.

User Accounts

Certain features may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Update your information to keep it accurate and complete.
  • Notify TTD immediately of any unauthorised use of your account at privacy@tehtarik.digital.
  • Not share your account credentials with any third party.

Personal data provided during account registration is handled in accordance with our Privacy Policy. TTD will not be liable for any loss arising from your failure to comply with these obligations.

Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

  • Violating any applicable local, national, or international law or regulation.
  • Engaging in conduct that restricts or inhibits anyone's use or enjoyment of the Services.
  • Using the Services in any manner that could disable, overburden, damage, or impair the site.
  • Using any robot, spider, or other automatic device to access the Services without authorisation.
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious material.

Intellectual Property

The Services and their entire contents, features, and functionality are owned by TTD, its licensors, or other providers, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services, except as generally permitted by these Terms.

Termination and Suspension

TTD reserves the right, in its sole discretion, to suspend or terminate your access to the Services with or without notice, for any reason including:

  • Violation of these Terms or any applicable law.
  • Conduct that harms other users, our business, or third parties.
  • Request by law enforcement or government authorities.
  • Extended periods of inactivity.

Upon termination, your right to use the Services will immediately cease. We will handle your personal data in accordance with our Privacy Policy, including any applicable retention or deletion obligations.

Your Data on Termination

This section applies to direct users of our public website and general Services only. You retain ownership of all data you submit directly to TTD through these Services ("Client Data"). Upon termination, you may request an export of your Client Data in a commonly used format within 30 days of the termination date. This 30-day export window runs concurrently with, and does not shorten, the retention periods set out in our Privacy Policy; after the retention period applicable to your data has elapsed, or upon your written request (whichever is earlier, subject to any legal retention requirement), we will delete or anonymise your Client Data.

This section does not apply to data processed through IRIS, JomWork, NURI, or SmartPole OS on behalf of an enterprise or government client. Ownership, export, retention, and deletion of that data on termination are governed by the applicable MSA/DPA between TTD and the deploying client, since the data belongs to the client (as Data Controller) or its own end-users, not to TTD or to any individual end-user directly.

Service Availability

TTD uses commercially reasonable efforts to maintain the availability of the Services but does not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable. Specific uptime commitments, service levels, and support response times for enterprise and government engagements are set out exclusively in the applicable Master Service Agreement (MSA) or Statement of Work (SOW) for that engagement, not in these Terms.

Data Processing for Enterprise & Government Clients

Where TTD provides IRIS, JomWork, NURI, or SmartPole OS to an enterprise or government client, TTD acts as Data Processor and the client acts as Data Controller, as described in our Privacy Policy. The specific terms governing that processing relationship — including sub-processor lists, audit rights, data residency, breach notification timelines to the client, and deletion/return of data on contract termination — are set out in the Data Processing Agreement (DPA) executed between TTD and that client, which forms part of the applicable MSA. The DPA/MSA is negotiated individually with each client and is not incorporated into these public Terms as an exhibit; these Terms instead point to it as the governing document for that relationship.

Nothing in these public Terms modifies, limits, or overrides the terms of any executed MSA or DPA. Where these Terms and an executed MSA/DPA conflict as applied to a specific client relationship, the MSA/DPA governs.

Confidentiality

Each party agrees to protect the other's confidential information disclosed during the engagement with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to perform the Services or as required by law.

For enterprise and government engagements, confidentiality obligations — including any carve-outs for regulatory disclosure — are further detailed in the applicable MSA.

Indemnification

You agree to defend, indemnify, and hold harmless TTD, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, or your violation of any third-party right.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TTD MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL TTD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF FORESEEABLE.

IN NO EVENT WILL TTD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR THE GENERAL SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED MYR 1,000 OR THE TOTAL FEES PAID BY YOU TO TTD FOR THE GENERAL SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

The limitations in this section do not apply to, and TTD's liability is not capped for: (a) breaches of the Confidentiality section above; (b) infringement of a third party's intellectual property rights; or (c) TTD's gross negligence or wilful misconduct.

For enterprise and government engagements, liability caps and carve-outs (e.g. for confidentiality breaches, IP infringement, or gross negligence) are as set out in the applicable MSA, which governs in the event of any conflict with this section.

Force Majeure

TTD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, internet service provider failures, cyberattacks, or governmental actions.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the internal laws of Malaysia, without giving effect to any choice or conflict of law provision.

Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the courts of Pulau Pinang, Malaysia. You waive any objection to the exercise of jurisdiction or venue in such courts.

These Terms may be made available in Bahasa Malaysia, Simplified Chinese, Tamil, or other languages for convenience. In the event of any conflict, inconsistency, or ambiguity between the English version and any translated version, the English version shall prevail.

Modifications

TTD reserves the right to modify, suspend, or discontinue the Services (or any part thereof) with or without notice. We may also revise these Terms from time to time. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms means you accept the changes.

Changes to enterprise or government engagements are governed by the change-control process set out in the applicable MSA, not by this section.

Cookies and Tracking

We use cookies and similar tracking technologies to operate and optimise our public website. Our handling of cookie data, along with instructions on how you can manage or opt out of tracking through your browser or our cookie preferences (where active), is detailed in our Privacy Policy under "Cookies and Tracking Technologies."

Severability and Entire Agreement

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force.

These Terms, together with our Privacy Policy, constitute the entire agreement between TTD and a direct user of our public website and general Services. For enterprise and government clients, the entire agreement consists of the executed MSA, its DPA, and any Statement(s) of Work, which take precedence over these public Terms for that relationship.

Contact

To ask questions or report violations regarding these Terms, contact us at: