Terms Of Service

Favor Tech Sdn Bhd (“Favor Tech,” “our,” “we,” or “us”) provides messaging, Internet calling, and other services to users around the world (collectively, “FavorApp”). Please read our Terms of Service so you understand your use of FavorApp. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (collectively, “Services”).

 

About our services

1. Registration & Account

You must register for our Services using accurate data personal information including but not limited to your name, correspondence address, email address and current mobile phone number, and, if there is any changes to the information that you have provided to us, you shall notify us through our in-app change details feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Upon the registration of our Services, an account will be created in favour of you wherein you shall be solely responsible for maintaining the confidentiality and security of your account and password and for all activities that occur under your account. You hereby expressly agree and acknowledge that all activities that occur under your account shall be deemed to have been duly authorised by you wherein you shall be solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all liabilities, damages, losses, and expenses of any kind (including legal fees and costs) relating to, arising out of, or in any way in connection with the use of the Services under your account.

2. Contact list

We may periodically access your contact list as contained in your mobile device and the account that you have set up with us to provide our Services. You confirm that you are authorised to provide us with such contacts and you hereby expressly acknowledge, agree and give consent to us that in order to allow us to provide our Services.

3. Age

You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

4. Devices and Software

You must obtain or subscribe to certain devices, software and data connections in order to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing automatic updates to our Services.

5. Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.

You may, from time to time, make payments to us or third party as part of your use of our Services or for the purchase of the products or services sold by third party within our Services. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us or the third party. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of the products and services sold within our Services by the third party are subject to change at any time. In no circumstances will we be required to provide any refunds for our Services or in relation to any products or services sold within our Services (whether used or unused), except as required by law.

We may process payments from you through our Services via a third party service. Where such third party payment processor is another third party, you agree to comply with that relevant third party's terms and conditions in relation to the payment processing service and we shall not be liable for any loss or damage that you may incur or suffer arising out your breach of the third party’s terms and conditions.

Privacy policy and user data

6. Our Privacy Policy (www…) describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree, consent and acknowledge to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information within our group of companies and/or affiliates as well as to other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.


Acceptable use of our services

7. Our Terms and Policies

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

8. Legal and Acceptable Use

You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of FavorApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us.

9. Harm to Favor Tech or Our Users

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

10. Keeping Your Account Secure

You are responsible for keeping your device and your FavorApp account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services. We shall not be liable for any loss or damage that you may incur or suffer arising out of the unauthorised use of your account by any other persons.

11. No Access To Emergency Services

Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.


Third-party services

12. Third Party Content and Services

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Favor Tech, including content provided by users of FavorApp or by our advertisers. You acknowledge and agree that by using FavorApp, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from FavorApp by you is at your own risk. Your use of our Services does not give you any rights in or to any content you may access or obtain in connection with your use of FavorApp.

We also do not guarantee the quality, reliability or suitability of any third party services provided or products sold, made available, advertised or linked through our Services and we will bear no responsibility for your use of or relationship with any such third parties or third party services.

We may review (but make no commitment to review) content or third party services made available through our Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Services.

There may be, from time to time, third party content and services on FavorApp that are subject to further terms. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.

13. Transactions Between Buyers and Sellers

We provide electronic web-based platforms for exchanging information between buyers and sellers of products and services.   We also additionally provide electronic web-based transaction platforms for users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within our Services.  

Notwithstanding that, Favor Tech strictly does not represent either the seller or the buyer in specific transactions and we do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on our Services or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

You agree and acknowledge that you fully assume all the risks of conducting any sale and purchase transactions through our Services including but not limited to misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, defective or dangerous products, delay or default in delivery or payment, breach of warranty, injuries or harms suffered relating to the products (“Transaction Risks”) and we shall not be held responsible nor liable to any loss, damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any of the Transaction Risks.

You are solely responsible for all of the terms and conditions of the transactions conducted through Services, including but not limited to the payment terms, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.


You hereby agree to provide all information as may be reasonably required by us in connection with your transactions conducted through Services.  We shall reserve the right to suspend or terminate your account if you fail to provide the required information.

In the event that you have a dispute with any party to a transaction, you agree to fully indemnify us against any and all liabilities, damages, losses, and expenses of any kind (including legal fees and costs) relating to, arising out of, or in any way in connection with such transaction.

 

Licenses

14. Your Rights

Favor Tech does not claim ownership of the information that you submit for your FavorApp account or through our Services. You must have the necessary rights to such information that you submit for your FavorApp account or through our Services and the right to grant the rights and licenses in our Terms.

15. Favor Tech’s Rights

All the copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services are owned or licensed to Favor Tech. The Service is provided to you AS IS for your information and personal use only. Favor Tech reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through the Service for any other use.

16. Your License to Favor Tech

In order to operate and provide our Services, you grant Favor Tech a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to […] days as we try to deliver them, and otherwise as described in our Privacy Policy).

17. Favor Tech’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.


Reporting third-party copyright, trademark, and other intellectual property infringement

18. You shall report to us for any claims of third-party copyright, trademark, or other intellectual property infringement at […]. We shall reserve the right to terminate your account if you repeatedly infringe the intellectual property rights of others.


Disclaimers

19. YOU AGREE THAT YOUR USE OF THE FAVORAPP SERVICE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAVOR TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FAVOR TECH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FAVORAPP SERVICE. FAVOR TECH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAVORAPP SERVICE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND FAVOR TECH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES..


Limitation of liability

20. FAVOR TECH SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FAVOR TECH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


Indemnification

21. You agree to defend, indemnify, and hold harmless Favor Tech from and against all liabilities, damages, losses, and expenses of any kind (including legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; (c) any misrepresentation made by you; or (d) your violation of any third party right, including without limitation any copyright, property, or privacy right. You will cooperate as fully as required by us in the defense or settlement of any claims that may be brought against us.

Governing Law

22. The laws of Malaysia govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Favor Tech and you, without regard to conflict of law provisions.


Availability and termination of our services

23. Availability of Our Services

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. We shall not be liable to you in any manner whatsoever as a result of the interruption of our Services.

24. Termination

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others.


Other

25. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding FavorApp and our Services, and supersede any prior agreements.

26. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

27. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

28. Any amendment to or waiver of our Terms requires our express written consent

29. We may, from time to time, amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. It shall solely be your responsibility to review our Terms from time to time and we shall not be liable to you in whatsoever manner in the event of your failure to review our Terms periodically put you in any risk or damage whatsoever.

30. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

31. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

32. Nothing in our Terms will prevent us from complying with the law.

33. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

34. The failure by us to enforce at any time or for any period any one or more of the terms and conditions as stipulated herein shall not be a waiver by us or of the right at any time subsequently to enforce all terms and conditions of this Agreement

35. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

36. We reserve all rights not expressly granted by us to you.