Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the iSewa platform ("the Platform") available at isewa.com.my, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Platform immediately.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and iSewa ("we", "us", "our") governing your access to and use of the Platform.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" means the iSewa website, web application, mobile applications, APIs, and all related services and tools.
• "User" means any individual or entity that accesses or uses the Platform, including property owners, tenants, agents, contractors, lawyers, developers, buyers, and delegates.
• "Account" means the registered user account created to access the Platform's features.
• "Property" means any real estate asset, building, unit, or land parcel managed through the Platform.
• "Content" means all text, images, documents, data, information, and other materials uploaded, posted, or transmitted through the Platform.
• "Pro Plan" means the optional paid subscription tier (iSewa Pro) offering enhanced marketplace and professional features.
• "Free Tier" means the core Platform functionality available at no cost with no limits on properties, users, or roles.
• "Delegate" means a User granted limited access to a property by its owner, including family members and property managers.

3. Description of Service

iSewa is a comprehensive property management platform designed specifically for the Malaysian market. The Platform provides tools and services that enable:

• Property registration and portfolio management for owners and investors
• Tenant management, including tenancy agreements, move-in/move-out tracking, and communication
• Invoice generation, payment tracking, and financial record-keeping
• Maintenance request management, work order tracking, and contractor assignment
• Document management for property-related files, agreements, and legal documents
• Communication tools including announcements, messaging, and notifications
• Utility bill management and tracking
• Access delegation to family members, property managers, and other authorized persons
• Marketplace features for property listings, agent services, and contractor discovery (Pro Plan)
• Reporting and analytics for property performance and financial summaries

The Platform is provided in multiple languages including English, Bahasa Malaysia, Chinese, Hindi, Japanese, and Korean.

4. Account Registration and Security

4.1 Eligibility

To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. By registering, you represent and warrant that you meet these requirements.

4.2 Registration

You must create an account to access the Platform's features. During registration, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information to keep it accurate
• Accept responsibility for all activity that occurs under your account
• Not create more than one personal account

4.3 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password, two-factor authentication (2FA) codes, and recovery codes. You agree to:

• Choose a strong, unique password and not share it with others
• Enable two-factor authentication (2FA) for enhanced security when available
• Safeguard your recovery codes in a secure location
• Notify us immediately at support@isewa.com.my if you suspect unauthorized access to your account
• Not share your account credentials with or transfer your account to any other person

We are not liable for any loss or damage arising from your failure to secure your account credentials.

4.4 User Roles

Users may operate under one or more of the following roles on the Platform:

• Owner: Manages properties, creates invoices, assigns agents and contractors
• Tenant: Views tenancy details, receives invoices, submits maintenance requests
• Agent: Manages properties on behalf of owners, facilitates tenancies
• Contractor: Receives and manages maintenance work orders
• Lawyer: Manages legal documentation related to properties
• Developer: Manages development projects and unit sales
• Buyer: Browses and expresses interest in properties for purchase
• Delegate: Accesses properties with limited permissions granted by the owner (e.g., family members)

Each role has specific permissions and access levels within the Platform. One person may hold multiple roles simultaneously. You are responsible for actions taken under all roles associated with your account.

5. Free Tier and Paid Services

5.1 Free Tier

The iSewa core platform is free to use with no limits on the number of properties, users, or roles. The Free Tier includes all essential property management features: property registration, tenant management, invoicing, maintenance tracking, document management, and communication tools. The Free Tier will remain free indefinitely.

5.2 iSewa Pro (Paid Plan)

We offer an optional paid subscription, iSewa Pro, for agents, contractors, owners, and developers who require enhanced marketplace and professional features, including but not limited to:

• Property listing on the iSewa marketplace with public visibility
• Contractor job assignment and bidding features
• Enhanced analytics and reporting tools
• Priority support

5.3 Pricing and Billing

If you subscribe to iSewa Pro:

• Subscription fees are billed on a monthly or annual basis as selected at the time of purchase
• All prices are displayed in Malaysian Ringgit (MYR) and are inclusive of applicable taxes unless otherwise stated
• Payment is processed through our third-party payment processor, and your payment is subject to their terms and conditions
• You authorize us to charge your selected payment method for the subscription fees

5.4 Subscription Changes and Cancellation

• You may upgrade, downgrade, or cancel your Pro subscription at any time through your account settings
• If you cancel, your Pro features will remain active until the end of the current billing period
• Downgrading to the Free Tier will not result in loss of your data; only Pro-specific features will become unavailable

5.5 Refund Policy

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our discretion in cases of billing errors, service deficiencies, or other exceptional circumstances. Refund requests should be submitted to support@isewa.com.my within 14 days of the charge.

6. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Platform for any unlawful, fraudulent, or harmful purpose
• Upload, post, or transmit false, misleading, or fraudulent property information, financial data, or documents
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Attempt to gain unauthorized access to other user accounts, data, or the Platform's infrastructure
• Use automated tools, bots, scrapers, or other means to extract data from the Platform without our express written consent
• Interfere with or disrupt the Platform's operation, servers, networks, or security features
• Upload content containing malware, viruses, or other harmful code
• Engage in spamming, phishing, or unsolicited mass communications through the Platform
• Use the Platform to harass, threaten, defame, or intimidate other users
• Reverse engineer, decompile, or disassemble any part of the Platform
• Sublicense, resell, or redistribute access to the Platform without our authorization

We reserve the right to investigate and take appropriate action, including suspending or terminating your account, for violations of this section.

7. User Content

7.1 Ownership

You retain full ownership of all Content you upload, post, or transmit through the Platform, including documents, photos, property information, and communications.

7.2 License Grant

By uploading Content to the Platform, you grant iSewa a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, copy, display, and process that Content solely for the purposes of providing, maintaining, and improving the Platform's services. This license terminates when you delete the Content or your account, except where retention is required by law or these Terms.

7.3 Content Responsibility

You are solely responsible for ensuring that:

• You have the right and authority to upload all Content
• Your Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Your Content complies with applicable Malaysian laws and regulations
• Your Content is accurate and not misleading, particularly regarding property details and financial information

7.4 Content Moderation

We reserve the right, but are not obligated, to review, monitor, and remove Content that violates these Terms or is otherwise objectionable, at our sole discretion and without notice.

8. Property Information Disclaimer

Property data, assessments, calculations, and references provided by the Platform, including but not limited to tax estimates, utility rate references, local authority (PBT) information, and rental yield calculations, are provided for informational purposes only. iSewa does not verify property ownership, title authenticity, or the accuracy of financial data submitted by users.

You should always verify important property details, legal matters, and financial calculations with the relevant Malaysian authorities, licensed professionals, or your legal advisor before making decisions based on Platform data.

9. Delegation and Access

The Platform allows property owners to delegate access to family members, property managers, agents, and other authorized persons:

• The delegating owner controls the permissions granted to each delegate
• The delegating owner remains accountable for actions taken by their delegates
• Delegation may be revoked at any time by the owner
• Delegates must comply with these Terms in all respects

10. Payments and Financial Transactions

10.1 Platform as a Facilitator

The Platform facilitates invoice generation, payment tracking, and financial record-keeping between users. Unless explicitly stated otherwise, iSewa is not a party to financial transactions between users (e.g., rent payments between tenants and owners).

10.2 Third-Party Payment Processing

Payment processing for Pro subscriptions and any future payment features may be handled by third-party payment providers. Such transactions are subject to the terms and conditions and privacy policies of those third-party providers in addition to these Terms.

10.3 No Financial Advice

Financial information, reports, and calculations provided through the Platform do not constitute financial, tax, or legal advice. Users should consult qualified professionals for financial and legal guidance.

11. Intellectual Property

11.1 Platform Ownership

The Platform, including its design, architecture, user interface, features, source code, documentation, trademarks, logos, and all related intellectual property, is owned by iSewa or its licensors and is protected by Malaysian and international copyright, trademark, and other intellectual property laws.

11.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. This license does not include the right to:

• Modify, copy, or create derivative works based on the Platform
• Use the Platform's branding, trademarks, or logos without prior written consent
• Use any data mining, robots, or similar data-gathering tools on the Platform

11.3 Feedback

If you provide us with suggestions, ideas, or feedback regarding the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Platform without any obligation to you.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which details how we collect, use, store, and protect your personal data in compliance with the Malaysian Personal Data Protection Act 2010 (PDPA). By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

13. Data Ownership and Portability

You own the data you provide to the Platform. We believe in data portability and your right to access:

• You may export your data at any time through the Platform's data export feature or by submitting a Data Subject Access Request (DSAR)
• Exported data will be provided in a commonly used, machine-readable format (JSON)
• Upon account deletion, your data will be handled in accordance with our Privacy Policy and data retention schedule

14. Service Availability

14.1 Uptime

We strive to maintain high availability of the Platform but do not guarantee uninterrupted, error-free, or continuous access. The Platform may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavor to provide advance notice)
• Urgent security patches or critical updates
• Force majeure events (see Section 19)
• Issues with third-party services or infrastructure beyond our control

14.2 Modifications

We reserve the right to modify, update, or discontinue any feature or aspect of the Platform at any time. We will provide reasonable notice of significant changes that may affect your use of the Platform.

15. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• iSewa shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or in connection with your use of the Platform, including but not limited to loss of profits, data, goodwill, or business opportunity.
• Our total aggregate liability to you for all claims arising from or related to these Terms or your use of the Platform shall not exceed the total amounts paid by you for Platform services (Pro Plan) in the twelve (12) months preceding the claim. If you are using the Free Tier, our maximum aggregate liability shall not exceed RM 100.
• iSewa is not liable for the accuracy, reliability, or completeness of third-party data including local authority rates, utility rates, property market data, or information provided by other users.
• iSewa is not responsible for the actions, omissions, or conduct of other users of the Platform.

16. Indemnification

You agree to indemnify, defend, and hold harmless iSewa, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform or violation of these Terms
• Your Content or any data you provide through the Platform
• Your violation of any applicable law, regulation, or third-party right
• Any dispute between you and another user of the Platform

17. Termination

17.1 Termination by You

You may close your account at any time through your account settings or by contacting us at support@isewa.com.my. Upon account closure:

• Your account will be deactivated (soft-deleted) immediately
• You will have a 30-day grace period to reactivate your account if you change your mind
• After 30 days, your personal data will be permanently deleted in accordance with our Privacy Policy
• Data required to be retained by law (e.g., financial records) will be retained for the statutory period

17.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, if:

• You violate any provision of these Terms
• Your use of the Platform poses a security risk or may cause harm to other users
• We are required to do so by law or legal process
• Your account has been inactive for an extended period (we will provide notice before such termination)

17.3 Effect of Termination

Upon termination, your right to access and use the Platform ceases immediately. The following provisions survive termination: Sections 7 (User Content, to the extent of existing licenses), 11 (Intellectual Property), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law and Disputes), and any other provisions that by their nature should survive.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles.

18.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform:

• Step 1 — Informal Resolution: You agree to first attempt to resolve the dispute informally by contacting us at support@isewa.com.my. We will try to address your concern within 30 days.
• Step 2 — Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation under the Malaysian Mediation Centre (MMC) rules before commencing any court proceedings.
• Step 3 — Court Proceedings: If mediation is unsuccessful, any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Malaysia.

18.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated, or representative action.

19. Force Majeure

iSewa shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, power outages, internet service disruptions, cyberattacks, or failures of third-party services.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and iSewa regarding your use of the Platform and supersede all prior agreements, understandings, and communications.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

The failure of iSewa to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by iSewa to be effective.

20.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20.5 No Third-Party Beneficiaries

These Terms are for the benefit of iSewa and you only. No third party has any rights under these Terms.

21. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify registered users by email or through the Platform's notification system at least 30 days before the changes take effect
• Continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms
• If you do not agree with the revised Terms, you should stop using the Platform and close your account

22. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

iSewa

• General Support: support@isewa.com.my
• Data Protection Officer: dpo@isewa.com.my