Terms of service.

These Terms of Service ("Terms") govern access to and use of SMSHandy, an SMS broadcasting and messaging platform operated by Sitehandy Solutions (Business Registration No. NS0159990-H), a business registered with the Companies Commission of Malaysia and having its place of business in Negeri Sembilan, Malaysia ("Company", "we", "us", "our").

By registering for an account, ticking the acceptance box, clicking "Sign Up", or by accessing or using the SMSHandy website (smshandy.com), dashboard (app.smshandy.com), API, or any related service (collectively, the "Service"), you agree to be bound by these Terms and by our Privacy Policy and Disclaimer, each of which is incorporated into these Terms by reference. If you do not agree, you must not register for or use the Service.

These Terms constitute a legally binding contract between you ("User", "you", "your") and the Company. If you accept these Terms on behalf of a company, firm or other organisation, you warrant that you are duly authorised to bind that entity, and "you" refers to both you personally and that entity, who shall be jointly and severally liable.

1. Definitions & Interpretation

1.1 Definitions

• "Platform" means the SMSHandy web application, dashboard, API, and all related tools, documentation and services.
• "SMS" means Short Message Service, including single SMS, bulk SMS, and SMS sent via API.
• "Messaging Services" means SMS and any additional messaging channel provided through the Platform from time to time, including without limitation WhatsApp, RCS, Telegram and other messaging platforms.
• "Sender ID" means the alphanumeric or numeric identifier displayed as the sender of a message.
• "Credits" means the prepaid, non-monetary units of account that entitle you to submit messages for transmission through the Platform. Credits are a revocable licence to use the Service. They are not money, not a deposit, not electronic money and not a stored-value instrument, and confer no proprietary, beneficial or trust interest in any sum held by the Company.
• "Recipient" means any person to whom you send, or attempt to send, a message through the Service.
• "Recipient Data" means personal data of Recipients that you upload, submit or process through the Platform, including telephone numbers, names and message content.
• "MCMC" means the Malaysian Communications and Multimedia Commission (Suruhanjaya Komunikasi dan Multimedia Malaysia).
• "CMA 1998" means the Communications and Multimedia Act 1998, as amended (including by the Communications and Multimedia (Amendment) Act 2025).
• "PDPA" means the Personal Data Protection Act 2010, as amended (including by the Personal Data Protection (Amendment) Act 2024).
• "Applicable Law" means all laws, subsidiary legislation, licence conditions, directions, determinations, orders, codes and guidelines in force in Malaysia and in any other jurisdiction in which you or your Recipients are located, including those referred to in Section 7.
• "Prohibited Content" means any content or activity described in Section 6.

1.2 Interpretation

• "Including", "includes" and "such as" are to be read as "including without limitation" and do not limit the generality of the preceding words.
• Headings are for convenience only and do not affect interpretation.
• A reference to a statute includes that statute as amended, re-enacted or replaced from time to time, and all subsidiary legislation made under it.
• These Terms have been drafted for the joint benefit of the parties, and no rule of construction requiring an agreement to be construed against the drafting party (contra proferentem) applies.
• The singular includes the plural and vice versa.

2. Service Description

SMSHandy provides a cloud-based messaging platform enabling businesses and individuals to:

• Send single and bulk SMS messages to Malaysian mobile numbers
• Integrate messaging functionality into applications via REST API
• Manage contacts, message templates and Sender IDs
• Monitor delivery status and analytics in real time

The Company is a technology intermediary. We do not originate, author, endorse, verify or approve your message content, and we do not operate any telecommunications network. Transmission depends on licensed telecommunications operators and upstream aggregators over whom we have no control.

We may add, modify, suspend or discontinue any feature of the Service at any time. Where a new messaging channel is introduced, these Terms apply to that channel unless we publish separate terms for it.

3. Eligibility, Registration & Verification

3.1 Eligibility

You must be at least 18 years of age and have full legal capacity to contract under the Contracts Act 1950 or the law of your jurisdiction. You must not be, and must not act for, a person who is subject to sanctions, an MCMC prohibition or suspension order, or who has previously had an account terminated by us for cause.

3.2 Accurate Information

You must provide accurate, current and complete registration information and keep it updated. Providing false, incomplete or fraudulent information, or registering through a nominee or third party to conceal the true user of the account, is a material breach of these Terms and is treated as a Category A breach under Section 6.1.

3.3 Know-Your-Customer (KYC) & Verification

We may at any time, as a condition of continued access, require you to provide identity documents (MyKad or passport), SSM business registration documents, proof of address, proof of the source of your Recipient Data and consent records, sample message content, and details of your beneficial owners. We may refuse, suspend or terminate your account if you fail to satisfy verification within the period we specify, or if the information provided cannot be verified.

3.4 Account Security

You are responsible for maintaining the confidentiality of your credentials, including passwords and API keys, and are fully responsible for all activity under your account, whether or not authorised by you. You must notify us immediately at [email protected] on becoming aware of any unauthorised access or use.

3.5 One Account

You must not operate multiple accounts to circumvent limits, suspensions, terminations or blacklisting. Creating a replacement account after termination for cause — whether in your own name or the name of a related person, director, shareholder, partner, employee, agent or related entity — is a material breach entitling us to terminate the new account and forfeit its balance immediately.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in full compliance with Applicable Law, MCMC directions and determinations, the Malaysian Communications and Multimedia Content Code, the Malaysian Code of Advertising Practice, and the requirements of the telecommunications operators over whose networks your messages travel.

4.1 General Obligations

• You must have a lawful basis and, where required, the valid, freely given and documented consent of every Recipient before sending any message.
• You must accurately identify yourself or your business in every commercial message.
• You must include a clear, functional and free opt-out mechanism in commercial and marketing messages, and honour opt-out requests promptly (see Section 5).
• You must maintain, and produce to us on request within 3 business days, records evidencing each Recipient's consent — including the date, time, source, method of collection and the wording of the consent obtained.
• You must not send messages that you know, or ought reasonably to know, are unlawful, deceptive or harmful.
• You must not use the Service in any way that damages, disables, overburdens or impairs the Platform or any telecommunications network, or that interferes with any other user's use of the Service.
• You must not attempt to gain unauthorised access to the Platform, other accounts or any connected system, or probe, scan or test the vulnerability of any of them without our prior written authorisation.

4.2 Compliance Warranty

You represent, warrant and undertake on a continuing basis, on each occasion that you submit a message for transmission, that the message and its transmission comply with these Terms and Applicable Law, and that you hold all consents, licences, permits and approvals required for the content sent. This warranty is a fundamental term of these Terms.

5. Consent, Opt-Out & Messaging Conduct

• Consent: Recipients must have given prior consent to receive messages from you, or you must have another lawful basis under the PDPA. Purchased, scraped, harvested, leaked or otherwise unlawfully obtained contact lists are strictly prohibited and constitute a Category A breach.
• Opt-out: Marketing and promotional messages must offer a free and readily available means to opt out. You must action every opt-out request without charge and no later than 72 hours after receipt, and must not send further marketing messages to that Recipient.
• Suppression list: You must maintain a suppression list of opted-out numbers and must not re-add or re-import those numbers.
• Sending hours: Marketing and promotional messages must be sent only between 8:00 a.m. and 9:00 p.m. Malaysian time, unless the Recipient has expressly agreed otherwise. Transactional messages genuinely requested by the Recipient (such as one-time passwords, delivery notices and payment receipts) are exempt.
• Frequency: You must not send messages at a frequency or volume calculated to harass, intimidate, alarm, annoy or distress any Recipient.
• Accuracy: Message content must be truthful and not misleading, and any advertised price, offer, discount or claim must be genuine, substantiated and honoured.

6. Prohibited Content & Activities

You must not use the Service, directly or indirectly, to send, transmit, facilitate, promote, advertise, solicit, host, link to or otherwise support any of the following. This Section applies to message content, Sender IDs, contact list content, landing pages and destinations referenced in your messages, and to the underlying business you operate.

6.1 Category A — Zero-Tolerance Prohibitions

A breach of any provision of this Section 6.1 is a material and irremediable breach. It entitles the Company to terminate your account immediately, without notice and without any obligation to allow a cure period, and triggers the full forfeiture and enforcement consequences in Section 13.

(a) Gambling, betting, casino and gaming

• Online casino, live casino, slots, jackpot games, baccarat, roulette, poker, sic bo, or any game of chance played for money or money's worth
• Sports betting, e-sports betting, horse racing betting, cockfighting, and any bookmaking or odds-based wagering
• Number forecast, lottery and lottery-style betting (including 4D, 5D, 6D, jackpot and toto-style draws), whether local or foreign
• Promotion of gambling websites, applications, Telegram or WhatsApp gambling groups, or gambling agent recruitment ("agent judi", "master agent", "dealer")
• "Free credit", "kredit percuma", "welcome bonus", "topup bonus", "cuci", "wallet", deposit or turnover promotions relating to any gambling product
• Referral codes, registration links, deposit instructions, bank account details or contact numbers connected to any gambling operation
• Any payment collection, account opening, customer service, winnings notification or marketing function performed on behalf of a gambling operator

This prohibition applies whether or not the operator is licensed in another country, and whether or not you consider the activity to be lawful where the servers are hosted. Gambling and its promotion are restricted under Malaysian law, including the Common Gaming Houses Act 1953, the Betting Act 1953, the Lotteries Act 1952, the Pool Betting Act 1967, the Racing (Totalisator Board) Act 1961 and, for Muslims, applicable state and federal Syariah criminal enactments. The Court of Appeal has held that online gambling falls within the Common Gaming Houses Act 1953, and the online promotion of gambling is further regulated under the CMA 1998, the Malaysian Communications and Multimedia Content Code and the Online Safety Act 2025 (Act 866).

Licensed operators: If you hold a valid Malaysian licence or approval to conduct or advertise a gaming activity, you must obtain our prior written approval before sending any related message and must produce the licence, the approval of the relevant regulator and evidence of Recipient consent. Absent that written approval, the prohibition in this paragraph (a) applies to you in full.

(b) Fraud, scams and phishing

• Smishing, phishing, and any message designed to obtain passwords, OTPs, TAC codes, PINs, card numbers, banking credentials or personal identifiers
• Messages impersonating a bank, e-wallet, government agency, court, police, LHDN, JPJ, immigration, courier or delivery company, telecommunications operator or any other institution
• Fake parcel, fake summons, fake tax refund, fake prize, fake job offer, fake loan approval, "Macau scam", love scam and any similar deception
• Fraudulent, deceptive or misleading representations of any kind, including cheating within the meaning of the Penal Code
• Distribution of malware, spyware or ransomware, or links to sites that install or attempt to install any of them

(c) Illegal lending and unlicensed financial services

• Unlicensed moneylending, "along" or "ah long" activity, and any loan offer made without a valid licence under the Moneylenders Act 1951
• Illegal deposit taking, contrary to the Financial Services Act 2013 and the Islamic Financial Services Act 2013
• Unlicensed investment, securities, futures, forex, gold-trading, commodity or fund-management schemes, contrary to the Capital Markets and Services Act 2007
• Unlicensed money services business, remittance or currency exchange, contrary to the Money Services Business Act 2011
• Pyramid schemes, chain letters, "money games", Ponzi schemes and get-rich-quick schemes, contrary to the Direct Sales and Anti-Pyramid Scheme Act 1993
• Unlicensed digital asset, cryptocurrency or token offerings, and any activity requiring but lacking Securities Commission Malaysia or Bank Negara Malaysia authorisation
• Unlawful or abusive debt collection, including threats, intimidation, public shaming, or contacting a debtor's family, employer or contacts without lawful basis

(d) Money laundering, mule accounts and terrorism financing

• Recruitment of money mules, and the sale or rental of bank accounts, e-wallets, SIM cards or shell companies
• Any activity constituting an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
• Financing, promotion or facilitation of terrorism or violent extremism

(e) Drugs and controlled substances

• Sale, supply or promotion of dangerous drugs, contrary to the Dangerous Drugs Act 1952
• Sale or promotion of scheduled poisons, prescription medicines or unregistered health products, contrary to the Poisons Act 1952, the Sale of Drugs Act 1952 and the Control of Drugs and Cosmetics Regulations 1984
• Advertisements relating to the treatment of any disease or condition specified under the Medicines (Advertisement and Sale) Act 1956 without the required approval, including a valid KKLIU number

(f) Obscenity, vice and exploitation

• Obscene, indecent, pornographic or sexually explicit content
• Prostitution, escort services, massage services offering sexual acts, and any activity within the vice provisions of the Penal Code
• Any child sexual abuse material, and any content that sexualises, exploits, endangers or grooms a minor. Such content is an offence under the Sexual Offences Against Children Act 2017. We will report it to the authorities immediately and without prior notice to you.

(g) Content threatening public order, national security and communal harmony

• Seditious content, including content touching on the 3R sensitivities — race (bangsa), religion (agama) and royalty (raja) — contrary to the Sedition Act 1948
• Content likely to cause disharmony, disunity, ill-will or hostility on grounds of religion or race, contrary to sections 298A and 505 of the Penal Code
• Content insulting or defaming the Yang di-Pertuan Agong, the Rulers, the institution of the monarchy, the Government or the national leadership
• Content that is offensive on religious grounds, insults any religion, or disrespects any place or institution of worship
• Threatening, menacing, abusive or harassing content, including content prohibited by section 233 of the CMA 1998, breach of which carries a fine of up to RM500,000 or imprisonment of up to 2 years, or both, together with a daily fine for continuing offences
• Content that incites violence, terrorism or the commission of any offence
• Defamatory or libellous content, and knowingly false content likely to cause public alarm

(h) Unlawful use of personal data

• Sale, offer for sale, rental, purchase or unlawful disclosure of personal data, contrary to section 130 of the PDPA
• Use of leaked, hacked, scraped, harvested or purchased databases of telephone numbers
• Sending to numbers obtained without the Recipient's knowledge or consent

(i) Other unlawful trade

• Firearms, explosives, ammunition and prohibited weapons
• Human trafficking, illegal recruitment and the smuggling of migrants
• Protected wildlife and their parts, contrary to the Wildlife Conservation Act 2010
• Smuggled, contraband, stolen or duty-unpaid goods, including illicit cigarettes and liquor
• Counterfeit goods and goods infringing the Trade Marks Act 2019 or the Copyright Act 1987
• Sale of forged documents, certificates, licences or identity documents

6.2 Category B — Further Prohibitions

The following are prohibited. A breach entitles us to suspend the account and block the traffic and — where the breach is repeated or deliberate, or causes us or a telecommunications operator loss or regulatory exposure — to terminate the account with the consequences set out in Section 13.

• Spam and unsolicited messaging: bulk messages to Recipients who have not consented, messages to Recipients who have opted out, and excessive or repetitive messaging.
• Impersonation: impersonating any person, business, brand, government agency or public institution, or misrepresenting your affiliation with any of them.
• Misleading advertising: false, exaggerated or unsubstantiated claims, bait advertising, or content contrary to the Trade Descriptions Act 2011 or the Consumer Protection Act 1999.
• Health, beauty and supplement claims that are unsubstantiated, that promise cures, or that lack the approvals required under the Food Act 1983 or the Medicines (Advertisement and Sale) Act 1956.
• Intellectual property infringement: use of third-party brands, logos, trade marks or copyright works without authorisation.
• Multi-level marketing recruitment conducted without a valid licence under the Direct Sales and Anti-Pyramid Scheme Act 1993.
• Restricted-category messaging without our prior written approval: political campaigning and election messaging (which must also comply with the Election Offences Act 1954), religious solicitation to non-consenting Recipients, alcohol, tobacco, vape and nicotine products (which must also comply with the Control of Smoking Products for Public Health Act 2024), firearms-adjacent products, and adult-oriented (non-obscene) products.
• Testing and load abuse: using the Service for artificial traffic generation, SMS pumping, or traffic that has no genuine Recipient.

6.3 No Circumvention

You must not attempt to evade our filters, telecommunications operator filters or these Terms by any means, including deliberate misspelling, character substitution, homoglyphs, Unicode or emoji obfuscation, spacing tricks, splitting content across multiple messages, using URL shorteners, redirect chains, QR codes or intermediate landing pages to conceal a prohibited destination, rotating Sender IDs, rotating accounts, or routing prohibited traffic through a third party's account. Any such attempt is itself a Category A breach, irrespective of whether the underlying message was delivered.

6.4 Responsibility for Content

You are solely and fully responsible for all content submitted through your account, including content submitted by your employees, agents, contractors, sub-users, resellers or clients, or by any person using your credentials or API keys, whether or not authorised by you. You may not resell or provide access to the Service to any third party without our prior written consent. If we grant consent, you remain fully liable for that third party's compliance with these Terms as if it were your own conduct.

7. Malaysian Law & Regulatory Compliance

You acknowledge that your use of the Service is subject to Malaysian law and that you are responsible for your own compliance with it. The statutes referred to in these Terms include, and are not limited to:

• Communications and Multimedia Act 1998, as amended by the Communications and Multimedia (Amendment) Act 2025, in force 11 February 2025
• Online Safety Act 2025 (Act 866), in force 1 January 2026
• Personal Data Protection Act 2010, as amended by the Personal Data Protection (Amendment) Act 2024
• Malaysian Communications and Multimedia Content Code
• Common Gaming Houses Act 1953, Betting Act 1953, Lotteries Act 1952, Pool Betting Act 1967
• Penal Code, Sedition Act 1948, Sexual Offences Against Children Act 2017
• Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
• Moneylenders Act 1951, Financial Services Act 2013, Islamic Financial Services Act 2013, Capital Markets and Services Act 2007, Money Services Business Act 2011
• Direct Sales and Anti-Pyramid Scheme Act 1993, Consumer Protection Act 1999, Trade Descriptions Act 2011
• Dangerous Drugs Act 1952, Poisons Act 1952, Sale of Drugs Act 1952, Medicines (Advertisement and Sale) Act 1956, Food Act 1983
• Copyright Act 1987, Trade Marks Act 2019
• Contracts Act 1950, Electronic Commerce Act 2006, Digital Signature Act 1997, Evidence Act 1950

The listing of a statute in these Terms is for guidance only. It is not legal advice, is not exhaustive, and does not limit your obligation to comply with all Applicable Law, including law not listed here and law enacted or amended after the date of these Terms.

8. MCMC Compliance & Network-Level SMS Restrictions

8.1 Network-Level Content Blocking

In accordance with MCMC directives effective from 2 July 2023 and subsequently expanded on 30 August 2024, the following content may be blocked at network level by Malaysian telecommunications operators:

• URL links — messages containing any URL, hyperlink or web address
• Personal details — messages containing identity card numbers, bank account numbers or other sensitive personal data
• Phone numbers — messages containing telephone numbers within the message body
• Suspicious content — any content the network identifies as potentially fraudulent or harmful

These blocks are implemented by the operators (CelcomDigi, Maxis, U Mobile and others) on their own networks. SMSHandy has no control over them and no ability to override them.

8.2 Your Responsibility

It is your responsibility to ensure your content complies with MCMC requirements. You acknowledge and agree that:

• you have read and understood the MCMC directives on SMS content restrictions;
• SMSHandy is not liable for messages blocked, filtered, delayed or discarded by any operator;
• Credits consumed on such messages are not refundable and not creditable, because the message was accepted and submitted for transmission on your instruction; and
• persistent submission of content that is blocked at network level may cause our routes or Sender IDs to be throttled or barred, and entitles us to suspend your account.

8.3 Reference Documents

• MCMC Official Notice: Sekatan Terhadap Kandungan SMS (PDF)
• CelcomDigi: Blocking of SMS containing URL link, personal details, phone numbers
• MCMC — Suruhanjaya Komunikasi dan Multimedia Malaysia

9. Sender ID

• Custom Sender IDs may be registered through the Platform, subject to availability, operator acceptance and our approval.
• You must not register or use a Sender ID that impersonates or suggests affiliation with another business, brand, bank, government agency or public institution, or that is misleading as to the identity of the sender.
• You warrant that you own or are licensed to use every trade mark or name embodied in your Sender ID, and you indemnify us against any claim to the contrary.
• We may reject, revoke, suspend or modify any Sender ID at our discretion, or on the direction of MCMC or any operator, at any time and without liability.
• Misuse of a Sender ID for fraudulent, deceptive or prohibited purposes is a Category A breach.

10. Credits, Pricing & Payment

10.1 Prepaid Credit Model

The Service operates on a prepaid Credit system. Credits are deducted when a message is accepted by the Platform and submitted for transmission. The number of Credits consumed depends on message length, encoding (GSM-7 or Unicode), the number of message parts and the destination network.

10.2 Nature of Credits

Credits are a licence to use the Service, denominated in units, and are not money, not a deposit, not electronic money and not a stored-value instrument. Sums paid to purchase Credits are consideration for that licence and become the property of the Company on receipt. Credits are non-transferable, cannot be exchanged for cash, and cannot be moved between accounts without our written consent.

10.3 Pricing

Rates are determined by your selected plan and are published on our Pricing page. We may change prices at any time on reasonable notice. Price changes do not affect Credits already purchased.

10.4 Payment

Credits may be purchased via FPX, bank transfer or any other method made available on the Platform. Credits are applied to your account upon confirmed receipt of cleared funds. You must pay using a payment instrument that you are lawfully entitled to use.

10.5 Chargebacks

Initiating a chargeback, payment reversal or dispute without first raising the matter with us is a breach of these Terms. We may immediately suspend your account, reverse the corresponding Credits, and recover from you all resulting fees, costs and charges. Where a chargeback is found to be unjustified, we may treat the account as terminated for cause under Section 13.

10.6 Validity

Credits do not expire while your account remains active and in good standing. Credits are forfeited on termination for cause and may lapse on prolonged inactivity in accordance with Section 13.4.

10.7 Taxes

All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for all taxes, duties, levies and withholdings imposed in connection with your purchase, other than taxes on our net income. If any withholding is required by law, you must gross up the payment so that we receive the full amount due.

11. Refund Policy

11.1 General Position

Credits are consumed in real time against a service that we procure from third-party operators at our own cost. Accordingly, all Credit purchases are final and non-refundable, except in the limited circumstances in Section 11.2.

11.2 Limited Exceptions

We will, at our discretion, re-credit or refund only where:

• a verified technical failure attributable solely to the Platform prevented submission of your messages; or
• a duplicate charge arose from a payment-processing error on our side.

11.3 No Refund Situations

No refund, re-credit, set-off or compensation of any kind will be given for:

• messages blocked, filtered, throttled or discarded by any telecommunications operator, including blocking under MCMC content restrictions;
• messages sent to invalid, inactive, ported, barred or incorrect numbers;
• messages undelivered because a Recipient's device was switched off, out of coverage or had a full inbox;
• delivery delays caused by network congestion or operator processing;
• messages sent in error, to the wrong list, or with incorrect content;
• any Credits or balance in an account suspended, terminated or blacklisted for breach of these Terms (see Section 13.2);
• unused Credits following voluntary closure of your account;
• change of mind, cessation of your business, or lack of use; and
• suspension or interruption caused by force majeure or by the act or direction of a regulator or operator.

11.4 Requests

Requests under Section 11.2 must be submitted to [email protected] within 30 days of the transaction, with supporting evidence. Requests submitted after that period are waived. Our determination on a refund request, made reasonably and on the evidence available, is final.

12. Monitoring, Investigation & Cooperation with Authorities

12.1 Monitoring

You expressly consent to our screening, filtering, scanning and inspecting message content, Sender IDs, traffic patterns, destination lists and account activity — by automated means, manual review or both — for the purposes of enforcing these Terms, preventing fraud and abuse, protecting Recipients and our routes, and complying with Applicable Law and operator requirements. We are not obliged to monitor, and our failure to detect a breach is not a waiver of any right.

12.2 Investigation

Where we reasonably suspect a breach, we may immediately and without prior notice suspend the account, halt or quarantine campaigns in progress, block or reverse pending message submissions, disable API keys, freeze the Credit balance pending investigation, and require you to produce consent records, KYC documents, campaign details and the identity of the ultimate advertiser. You must cooperate fully and promptly with any such investigation. Failure to cooperate within the time we specify entitles us to treat the suspected breach as established.

12.3 Disclosure to Authorities

You irrevocably authorise and consent to our disclosing — without further notice or consent and without liability to you — your identity, KYC documents, account records, billing records, IP and access logs, Sender IDs, message content, Recipient lists and delivery records to MCMC, the Royal Malaysia Police (including the Commercial Crime Investigation Department and the National Scam Response Centre), Bank Negara Malaysia, the Securities Commission Malaysia, the Personal Data Protection Commissioner, any court, and any other competent regulatory or law-enforcement authority, and to any telecommunications operator or upstream aggregator whose network or route is affected, where we are required to do so by law or reasonably consider it necessary to prevent, detect or report an offence, or to protect the Company, the Service or the public.

12.4 Preservation of Evidence

Notwithstanding any retention period stated in our Privacy Policy, we may retain records relating to a suspected or established breach, and records of terminated and blacklisted accounts, for as long as necessary for enforcement, defence of claims, regulatory reporting and prevention of re-registration.

12.5 Reporting Abuse

Any person may report suspected misuse of the Service to [email protected]. We investigate all credible reports. Scam and fraud incidents may also be reported to the National Scam Response Centre at 997.

13. Enforcement, Suspension, Termination & Forfeiture

13.1 Grounds for Immediate Action

We may suspend, restrict, terminate or blacklist your account immediately, without prior notice and without liability, where:

• you breach Section 6.1 (Category A), Section 6.3 or Section 4.2;
• you breach any other provision of these Terms and fail to remedy it within the period we specify;
• we receive a direction, order, complaint or request from MCMC, a law-enforcement or regulatory authority, or a telecommunications operator;
• we reasonably believe the account is being used for fraudulent, deceptive or unlawful activity, or by a person other than the registered account holder;
• your traffic threatens the integrity, reputation, security or regulatory standing of the Platform, our routes, our suppliers or any network;
• you fail identity verification under Section 3.3, or fail to cooperate under Section 12.2;
• you become insolvent, or a receiver, liquidator or similar officer is appointed over you; or
• you register an account in circumvention of an earlier termination or blacklisting (Section 3.5).

13.2 Forfeiture

On suspension, termination or blacklisting for breach of these Terms, all Credits and unused balances in the account are forfeited absolutely, and all sums paid are retained by the Company. You expressly acknowledge and agree that:

• Credits are a licence to use the Service (Section 10.2) and that licence lapses immediately on termination for cause; you hold no proprietary or beneficial interest in any forfeited amount;
• forfeiture is a genuine and reasonable pre-estimate of the loss, cost and exposure we suffer as a result of a breach — including investigation and remediation cost, staff time, legal and regulatory response cost, damage to our routes, Sender IDs and commercial relationships with operators and aggregators, penalties or route suspensions imposed on us, and reputational harm — the precise quantum of which is difficult to ascertain in advance;
• the amount forfeited is reasonable compensation within the meaning of section 75 of the Contracts Act 1950, and you agree not to contend that it is a penalty; and
• forfeiture is without prejudice to, and does not limit, any other right or remedy of the Company, including the right to recover damages exceeding the amount forfeited and the right to seek injunctive relief.

13.3 Further Consequences of Breach

• Cost recovery: you must reimburse us, on demand, for all fines, penalties, levies, route-restoration charges and other charges imposed on us by any operator, aggregator or regulator as a result of your traffic, together with our reasonable investigation and legal costs on a solicitor-and-client basis.
• Set-off: we may set off any amount you owe us against any Credit balance or sum held for you.
• Blacklisting: we may permanently refuse service to you, your directors, partners, shareholders, beneficial owners and related entities, and may retain your identifiers for that purpose.
• Referral: we may refer the matter to MCMC and law-enforcement authorities and provide them with the records described in Section 12.3.
• Injunctive relief: you acknowledge that damages alone would be an inadequate remedy for a breach of Section 6, and that we are entitled to seek an injunction, specific performance and other equitable relief.

13.4 Termination by You; Inactivity

You may close your account at any time by written notice to [email protected]. On voluntary closure, unused Credits are forfeited and are not refundable. We may close accounts that have been inactive for twenty-four (24) consecutive months on thirty (30) days' prior notice sent to your registered email address, following which unused Credits lapse.

13.5 Effect of Termination

• Your right to access and use the Service ceases immediately.
• All Credits and balances are forfeited in accordance with Section 13.2 where termination is for cause.
• Amounts owing to us become immediately due and payable.
• We may delete or retain your data in accordance with the Privacy Policy and Section 12.4.
• Sections 1, 6, 10.2, 11, 12, 13, 16, 17, 19, 20, 21, 24, 25 and 26 survive termination, together with any other provision that by its nature should survive.

14. API Terms

• API access is available on eligible plans as indicated on our Pricing page.
• You must keep API keys confidential, rotate them on suspected compromise, and must not embed them in client-side code or public repositories.
• You must not use the API to send content that breaches these Terms or Applicable Law.
• We may impose rate limits, throughput caps, concurrency limits and usage quotas, and may throttle or block traffic that exceeds them or that we reasonably consider abusive.
• You must not reverse engineer, decompile, disassemble or attempt to derive the source code or underlying structure of the Platform or API, except to the extent that such a restriction is prohibited by Applicable Law.
• API documentation, sample code and related materials are licensed to you solely for integration with the Service and remain our intellectual property.
• We may modify or deprecate API endpoints. We will endeavour to give reasonable notice of breaking changes but are not liable for disruption arising from API changes.

15. Fair Use & Service Limits

The Service is provided on a fair-use basis. We may apply reasonable limits on sending throughput, concurrent connections, list sizes, storage and support usage to protect the Platform and other users. We may require advance notice for large campaigns and may stage or throttle their delivery to protect route quality. Sustained delivery-failure ratios, high complaint ratios, or a high proportion of invalid numbers may result in throttling or suspension pending review of your list hygiene and consent practices.

16. Intellectual Property

All intellectual property rights in the Platform, including software, source code, design, user interface, logos, trade marks, documentation and the API, are owned by or licensed to Sitehandy Solutions. Except for the limited, revocable, non-exclusive and non-transferable right to use the Service in accordance with these Terms, no right, title or interest in our intellectual property is granted to you.

You retain ownership of your content, including message content and contact lists. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit and display that content solely to the extent necessary to provide the Service, to enforce these Terms and to comply with Applicable Law.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

17. Data Protection & Privacy

Our handling of personal data is described in our Privacy Policy. In relation to Recipient Data that you upload or process through the Platform, you are the data controller and we act as your data processor under the PDPA, processing that data only on your documented instructions and as required by Applicable Law.

You represent, warrant and undertake that:

• you have obtained all consents and given all notices required under the PDPA to collect Recipient Data and to disclose it to us and our sub-processors for transmission;
• your collection, storage and use of Recipient Data complies with the PDPA and all other applicable data protection laws;
• you will promptly honour Recipient opt-out, access and correction requests; and
• you will not upload sensitive personal data through the Platform unless expressly permitted by us in writing.

You indemnify us in respect of any claim, investigation, penalty or loss arising from your breach of this Section 17, in accordance with Section 21.

18. Service Availability & Delivery

We aim for high availability but do not warrant uninterrupted, timely, secure or error-free operation. The Service may be unavailable due to scheduled maintenance (for which we will endeavour to give notice), emergency maintenance, security response, operator outages, or causes beyond our reasonable control.

Message delivery depends on third-party telecommunications operators and aggregators. We do not guarantee the delivery, delivery time or delivery order of any message, and delivery reports are provided as received from upstream providers and are not warranted to be accurate or complete. Any service level commitment applies only if expressly agreed with you in a signed written agreement.

19. Disclaimer of Warranties

To the maximum extent permitted by Applicable Law, the Service is provided "as is" and "as available", and we exclude all warranties, conditions, representations and terms of any kind, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or accuracy, or arising from a course of dealing or usage of trade. Nothing in these Terms excludes or restricts any liability or right that cannot lawfully be excluded or restricted, including under the Consumer Protection Act 1999 where it applies to you.

20. Limitation of Liability

To the maximum extent permitted by Applicable Law:

• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, business, contracts, anticipated savings, data, goodwill or reputation, whether or not foreseeable and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
• our total aggregate liability for all claims arising out of or in connection with these Terms or the Service, in any twelve (12) month period, is limited to the total amount actually paid by you to us for the Service in the twelve (12) months immediately preceding the event giving rise to the first such claim;
• we are not liable for messages blocked, filtered, delayed, mis-delivered or undelivered by any operator or aggregator, for MCMC or other regulatory content restrictions, or for any act, omission or failure of a Recipient's device or network;
• we are not liable for loss arising from unauthorised access to your account, API keys or credentials, except to the extent directly caused by our gross negligence or wilful misconduct;
• we are not liable for any loss arising from suspension, termination, forfeiture or blacklisting carried out in accordance with these Terms; and
• you must bring any claim against us within twelve (12) months of the date on which the cause of action accrued; claims brought after that period are waived and barred, to the extent permitted by the Limitation Act 1953.

21. Indemnity

You agree to indemnify, defend and hold harmless the Company, its owners, directors, partners, officers, employees, agents, suppliers and affiliates, on a full-indemnity basis, from and against all claims, demands, proceedings, investigations, fines, penalties, damages, losses, liabilities, costs and expenses (including legal fees on a solicitor-and-client basis) arising out of or in connection with:

• your use of the Service and any content you submit or transmit through it;
• your breach of these Terms or of any Applicable Law;
• your infringement of the rights of any third party, including Recipients, brand owners and data subjects;
• any complaint, investigation, enforcement action, direction or penalty by MCMC, a law-enforcement authority, a regulator, a telecommunications operator or an aggregator arising from your traffic; and
• any claim by a Recipient or third party relating to messages sent through your account.

This indemnity survives termination and is not limited by Section 20.

22. Force Majeure

We are not liable for any failure or delay in performing our obligations where that failure or delay results from a cause beyond our reasonable control, including natural disaster, fire, flood, war, terrorism, civil unrest, epidemic or pandemic, industrial action, act or direction of government or regulator, telecommunications or internet failure, power failure, cyber attack, or the act or default of a third-party supplier.

23. Amendments

We may amend these Terms at any time. The amended Terms take effect on publication on this page with an updated "last updated" date. Where a change is material, we will make reasonable efforts to notify you by email or platform notice, and the change takes effect no earlier than fourteen (14) days after that notice, except where an earlier effective date is required by law or by a regulator, or is necessary to address a security, legal or abuse risk, in which case the change takes effect immediately. Your continued use of the Service after the effective date constitutes acceptance. If you do not accept the amended Terms, your sole remedy is to stop using the Service and close your account.

24. Notices

Notices to you may be given by email to your registered email address, by notice within the Platform, or by publication on this website, and are deemed received on the day of sending or publication. Notices to us must be sent to [email protected] and, for legal notices, by registered post to our address in Section 27, and are deemed received on actual receipt. You must keep your registered contact details current; a notice sent to an out-of-date address that you failed to update is validly given.

25. Governing Law & Dispute Resolution

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of Malaysia.

Before commencing proceedings, the parties will use reasonable endeavours to resolve the dispute through good-faith negotiation, commenced by written notice setting out the dispute. If the dispute is not resolved within thirty (30) days of that notice, either party may commence proceedings. This clause does not prevent either party from seeking urgent interim or injunctive relief at any time.

The parties submit to the exclusive jurisdiction of the courts of Malaysia, and agree that the High Court of Malaya at Seremban, Negeri Sembilan, and the Sessions and Magistrates Courts within that jurisdiction, are the appropriate venue for any proceedings, save that we may bring proceedings to enforce these Terms or protect our intellectual property in any court of competent jurisdiction.

26. General Provisions

• Entire agreement: These Terms, the Privacy Policy and the Disclaimer constitute the entire agreement between the parties on their subject matter and supersede all prior discussions, representations, proposals and understandings, whether written or oral.
• Non-reliance: You acknowledge that you have not relied on any statement, representation, assurance, warranty or marketing material not expressly set out in these Terms. Nothing in this clause limits liability for fraudulent misrepresentation.
• Severability: If any provision, or part of a provision, is held invalid, illegal or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remainder of these Terms continues in full force and effect. The parties intend that any provision so read down remains enforceable to the fullest extent permitted by law.
• No waiver: No failure or delay in exercising a right is a waiver of it, and no single or partial exercise prevents further exercise. A waiver is effective only if given in writing and applies only to the instance for which it is given.
• Assignment: You may not assign, novate, charge or otherwise deal with your rights or obligations without our prior written consent. We may assign or novate these Terms, in whole or in part, including on a sale or reorganisation of our business.
• No partnership: Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
• Third parties: A person who is not a party to these Terms has no right to enforce any of its provisions, except that our owners, directors, employees and affiliates may rely on Sections 19, 20 and 21 to the extent those provisions are expressed for their benefit.
• Electronic contracting: You agree that these Terms are validly formed electronically under the Electronic Commerce Act 2006 and the Digital Signature Act 1997, and that our records, logs and audit trails — including acceptance timestamps, IP addresses and message logs — are admissible as evidence of your acceptance and of your use of the Service, including under section 90A of the Evidence Act 1950.
• Language: These Terms are published in English and Bahasa Malaysia. The Bahasa Malaysia version is a translation provided for convenience. In the event of any inconsistency, ambiguity or conflict, the English version prevails, save where Applicable Law requires otherwise.
• Cumulative remedies: Our rights and remedies under these Terms are cumulative and additional to any right or remedy available at law or in equity.

27. Contact & Abuse Reporting

• Company: Sitehandy Solutions (NS0159990-H)
• General support: [email protected]
• Abuse and misuse reports: [email protected]
• WhatsApp: +6011-3803 8022
• Address: F-7 Tingkat 1, Bangunan Arked MARA, 71000 Port Dickson, Negeri Sembilan, Malaysia.

These Terms govern the Service and do not constitute legal advice to you. You are responsible for obtaining your own legal advice on your compliance obligations.