
TERMS AND CONDITIONS
These Terms and Conditions (hereinafter referred to as "Terms") govern the access to and use of the Smart Scoring application, platform, and associated services, which are developed and operated by Waix Technologies Sdn Bhd (Company No: 1538855H), a company duly incorporated under the laws of Malaysia (hereinafter referred to as "Smart Scoring," "we," "our," or "us"). By accessing, downloading, installing, subscribing to, or using the Smart Scoring services (hereinafter referred to as the "Service"), the individual or entity (hereinafter referred to as "User," "you," or "your") acknowledges that they have read, understood, and agreed to be legally bound by the terms set forth herein. If you do not accept these Terms in full, you are not authorized to use the Service and must cease any further access or usage.
1. ELIGIBILITY AND ACCEPTANCE OF TERMS
By using the Service, you affirm that you are of legal age and capacity to enter into this agreement under the applicable laws of Malaysia, or you possess the requisite consent from a parent or legal guardian if you are a minor. The use of the Service is strictly limited to individuals who have the legal right and authority to form a binding contract under applicable law. These Terms constitute a legally binding agreement between you and Smart Scoring governing your use of the Service.
2. ACCOUNT REGISTRATION AND SECURITY
To utilize certain features of the Service, Users may be required to register for an account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain the confidentiality and security of your login credentials and accept full responsibility for all activities that occur under your account. Smart Scoring shall not be liable for any loss or damage resulting from unauthorized use of your account. You further agree to notify us immediately of any breach of security or unauthorized use of your account.
3. SCOPE OF SERVICE AND LICENSE GRANT
Smart Scoring is an educational platform designed to supplement academic learning aligned with the Malaysian national curriculum. Subject to your compliance with these Terms, Smart Scoring hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes only. This license does not include any right to reproduce, modify, publicly display, distribute, or otherwise exploit the Service or any content therein for commercial purposes.
4. USER OBLIGATIONS AND ACCEPTABLE USE POLICY
You agree to use the Service strictly in accordance with applicable laws and these Terms. You shall not engage in any activity that may harm, disrupt, or interfere with the proper functioning of the Service, including but not limited to transmitting viruses, spamming, scraping data, or conducting unauthorized access attempts. You further agree not to impersonate any individual or entity or misrepresent your affiliation with any person or institution. Any breach of these obligations may result in the suspension or termination of your access to the Service, in addition to any legal remedies available to Smart Scoring.
5. EDUCATIONAL CONTENT AND DISCLAIMER OF WARRANTIES
Smart Scoring provides access to educational content, including but not limited to instructional videos, quizzes, practice questions, notes, and performance tracking tools. While we endeavor to ensure that all content is accurate, relevant, and aligned with national academic standards, we do not make any representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any content provided. The Service is intended to serve as a supplementary learning resource and is not a substitute for formal education provided by accredited institutions. Users are advised to verify critical information independently and exercise academic discretion when relying on the content available through the Service.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, including but not limited to copyrights, trademarks, trade names, logos, design rights, databases, and content used or displayed on the Service, are owned by or licensed to Smart Scoring and are protected under Malaysian intellectual property laws and international treaties. Nothing in these Terms shall be construed as granting any license or right to use any intellectual property without the prior written consent of Smart Scoring or the respective owner. Any unauthorized use, reproduction, or distribution of the Service content is strictly prohibited and may result in legal action.
7. THIRD-PARTY LINKS AND RESOURCES
The Service may contain links to third-party websites, content, or resources for your convenience. Such links do not imply any endorsement, affiliation, or association with the third parties concerned. Smart Scoring does not control and is not responsible for the availability, accuracy, legality, or appropriateness of the content or services offered by such third parties. You acknowledge and agree that your use of third-party links is at your own risk.
8. SUBSCRIPTION TERMS AND PAYMENT POLICY
Access to premium features of the Service requires a paid subscription. By subscribing to Smart Scoring, you agree to pay the applicable fees as displayed at the time of subscription. Monthly subscriptions will be automatically billed via our authorized payment processor unless cancelled before the renewal date. Users may also opt for a one-time payment plan, which will not be auto-renewed. In the event of payment failure due to insufficient funds or expired payment methods, Smart Scoring reserves the right to suspend or terminate access to the Service. All fees are quoted in Malaysian Ringgit (MYR) unless stated otherwise and are inclusive of applicable taxes.
9. CANCELLATION, NO REFUND POLICY, AND TERMINATION
Users may cancel their subscriptions at any time via their account settings. Upon cancellation, the Service will remain accessible until the end of the current billing cycle. Please note that all payments are non-refundable under any circumstances, including early termination by the user or termination by Smart Scoring for breach of these Terms. Smart Scoring reserves the right to suspend or permanently terminate access to the Service without prior notice for any violation of these Terms or applicable laws.
10. COPYRIGHT POLICY AND TAKEDOWN PROCEDURE
Smart Scoring respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Service infringes upon your copyright, you may submit a written notification to our designated copyright agent at [Insert Contact Email]. The notice must include sufficient details identifying the copyrighted work, the allegedly infringing material, your contact information, a statement of good faith belief, and a signature. Upon receipt of a valid notice, Smart Scoring will take appropriate actions, including content removal and notification to the user concerned.
11. LIMITATION OF LIABILITY
To the maximum extent permitted under applicable law, Smart Scoring shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or in connection with your use or inability to use the Service. Our total liability to you for any claim arising under these Terms shall not exceed the total amount paid by you for the Service during the twelve (12) months preceding the claim.
12. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis. Smart Scoring makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted access. We do not warrant that the Service will meet your requirements or expectations or that it will be free from errors, interruptions, or security vulnerabilities.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Smart Scoring, its directors, officers, employees, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
14. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be submitted to the exclusive jurisdiction of the courts of Malaysia.
15. AMENDMENTS AND UPDATES
Smart Scoring reserves the right to amend, modify, or update these Terms at any time at its sole discretion. Users will be notified of any material changes through the Service or via email. Continued use of the Service following any such amendments constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
16. ENTIRE AGREEMENT AND SEVERABILITY
These Terms constitute the entire agreement between you and Smart Scoring with respect to the use of the Service and supersede all prior or contemporaneous communications, whether oral or written. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.