IMPORTANT! PLEASE READ THOROUGHLY.

Thank you for choosing Flitz offered by Code Foruz Solutions Sdn Bhd. Please make sure that you review and read these terms thoroughly. Please read this software license agreement (“License”) carefully before using the Flitz software. By using the Flitz software, you are agreeing to be bound by the terms of this License.

WHEREAS:

• Code Foruz Solutions Sdn Bhd is a company incorporated under the Limited Liability Partnerships Act 2012 having the business address of A-06-17, Pinnacle Kelana Jaya, Jalan SS7/26, 47301 Petaling Jaya, Selangor D.E., Malaysia.
• Code Foruz Solutions Sdn Bhd is in the business of developing computer programming and software.
• Code Foruz Solutions Sdn Bhd agrees to license the Software to the Customer and the Customer agrees to accept the license of the Software upon the terms and subject to the conditions hereinafter contained.

NOW IT IS HEREBY AGREED as follows: -

• 1. DEFINITIONS
  • 1.1 In this Agreement, except where the context or subject matter otherwise requires:

    Terms	Meaning
    “Agreement”	Shall mean this Service Level Agreement between Flitz and the Customer
    “Acceptance Date”	Means the date upon which Flitz is accepted and installed by the Customer.
    “Flitz”	Means the date upon which Flitz is accepted and installed by the Customer.
    “Claim”	Means liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of Flitz or breach of this Agreement
    “Content”	Means the data and materials uploaded, posted or stored in Flitz
    “License”	Means the license of Flitz granted pursuant to this Agreement
    “Flitz”	Means the creator and licensor of the Software
    “Update”	Means software which has been produced primarily to overcome defects in the licensed Flitz
    “You”	Means the subscriber for Flitz software to be installed in the Designated Computer Equipment. Can include individual person or the legal entity as identified in the registration process

  • 1.2 Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders.
  • 1.3 Headings are for easy reference only and shall not affect the interpretation of this Agreement.
• 2. AGREEMENT
  • 2.1 This Agreement shall describe the terms governing the Your use of the Flitz software product including contents, updates, and new releases. It includes by reference:
    • (a) Flitz’s Privacy Statement provided to you in Flitz available on the website or provided to you otherwise;
    • (b) Additional Terms and Conditions, which may include additional terms and conditions from any third parties; and
    • (c) Any terms provided separately to you for Flitz, including product or programme terms, ordering, activation, payment terms and etc.
• 3. CONDITIONS OF LICENSE
  • 3.1 Flitz is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use Flitz.
  • 3.2 As long as You meet any applicable payment obligations and comply with their obligations under this Agreement, Flitz shall grant the Customers with a personal, limited, non-exclusive, non-transferrable, revocable license to use Flitz only for the period as stated in of use provided in the ordering and activation terms, as stated in this Agreement or in accordance with Flitz’s then-current product discontinuation policies, as updated from time to time, and only for the purpose described.
• 4. LICENSE GRANT AND RESTRICTIONS
  • 4.1 Flitz grants you the following rights provided that you comply with all of the terms and conditions of this Agreement.
  • 4.2 The Subscriber User License where You may: -
    • (a) Access Flitz on one internet-connected device and use by one only specific user;
    • (b) Access Flitz on multiple internet-connected devices (eg: laptop, tablet, smartphones) from multiple-level of users.
  • 4.3 You acknowledge and agree that Flitz is licensed, not sold. You agree not to use, nor permit any third party to use Flitz in a manner that violates any applicable law, regulations or this Agreement. You shall not: -
    • (a) Provide access to or give Flitz or any part of Flitz to be used by any third party;
    • (b) Reproduce, duplicate, modify, copy, adapt, translate, deconstruct, reverse-engineer, sell, trade, or resell Flitz;
    • (c) Transfer your license under this Agreement to any third party;
    • (d) Attempt any unauthorised access to any other Flitz system that You are not part of;
    • (e) Permit any third party to benefit from the use or functionality of Flitz via rental, lease, loan, timesharing, service bureau, hosting service, or any other arrangement; and
    • (f) Make Flitz available on any file-sharing or application hosting service.
  • 4.4 All other rights are reserved by Flitz. You are not licensed or permitted under this Agreement to do any of the following: -
    • (a) Assign or distribute Flitz related materials or create derivative works based on Flitz or any part thereof; and
    • (b) To develop any software to interface with Flitz.
  • 4.5 If Your company is or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Flitz to request for transfer of your license to a new entity. All license transfer requests are subject to written approval by Flitz and may be subject to an administrative fee.
• 5. LICENSE FEE
  • 5.1 In consideration of the License, you shall pay the License Fee to Flitz in the mode and manner as stated below unless Flitz notifies you otherwise in writing.
  • 5.2 The payment shall be made on subscription basis. This Agreement also incorporates by reference and includes programme ordering and payment terms provided to You for Flitz: -
    • (a) Payments will be billed to you in Malaysian Ringgit, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for Flitz;
    • (b) You must pay with one of the following methods:
      • i) A valid credit card accepted by Flitz;
      • ii) A valid debit card accepted by Flitz; and
      • iii) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
      • iv) By another payment option that Flitz provides to you in writing.
    • (c) If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of Flitz.
  • 5.3 If You did not notify Flitz of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, Flitz may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you shall authorize Flitz to continue billing your account with the updated information that Flitz has obtained.
  • 5.4 Flitz will automatically renew your monthly or annual subscription at the then-current rates, unless Flitz is cancelled or terminated under this Agreement.
  • 5.5 Additional cancellation or renewal terms may be provided to You on the website for Flitz.
• 6. PRIVACY AND PERSONAL INFORMATION
  You can review Flitz’s Privacy Policy provided with Flitz and on the website for Flitz. You shall agree to the applicable Flitz Privacy Policy, and any changes published by Flitz. You shall agree that Flitz may use and maintain your data according to the Flitz Privacy Policy, as part of Flitz. You shall give Flitz permission to combine information you enter or upload for Flitz with that of other users of Flitz and/or other Flitz services. This means that Flitz may use your and other users’ non-identifiable, aggregated data to improve Flitz in future releases or to design promotions and provide ways for you to compare business practices with other users.
• 7. CONTENT
  • 7.1 You are responsible for your own Content. You grant Flitz a royalty-free, non-exclusive license to host and use any Content provided through your use of Flitz. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Flitz is not responsible for the Content or data you provide through your use of Flitz. You shall agree not to use Flitz, nor permit any third party to use, Flitz to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
    • (a) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
    • (b) Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
    • (c) Except as permitted by Flitz in writing, investment opportunities, solicitations, chain letters, pyramid schemes, and other unsolicited commercial communications or engage in spamming or flooding;
    • (d) Virus, Trojan horse, worm or other disruptive or harmful software or data; and
    • (e) Any information, software or Content which is not legally yours, and without permission from the copyright owner or intellectual property rights owner.

  • 7.2 Community Forum

    Flitz may include a community forum or other social features to exchange Content and information with other users of Flitz and the public. Flitz does not support and not responsible for the content in these community forums. Please treat other users in this community forum with respect. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Flitz is not responsible.

  • 7.3 Flitz may freely use feedback provided by You

    You shall agree that Flitz may use your feedback, suggestions, or ideas in any way, including for future modifications of Flitz, other products or services, advertising, or marketing materials. You shall grant Flitz a perpetual, transferable, sub-licensable, non-revocable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Flitz in any way.

  • 7.4 Flitz may monitor your Content

    Flitz may but is not obligated to monitor your Content in Flitz. Flitz may disclose any information which is necessary to satisfy Flitz’s legal obligations, protect Flitz or its customers, or operate Flitz properly. Flitz may in its sole discretion, refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
• 8. ACCEPTANCE
  Upon installation of Flitz on the Designated Computer Equipment, You shall be responsible to ensure that Flitz shall be used in accordance with this Agreement.
• 9. OWNERSHIP
  • 9.1 Flitz shall retain ownership of all rights (including without limitation all Intellectual Property Rights), title to and interest in the Software whether in its original or as modified by You during the terms of the License.
  • 9.2 Nothing in this Agreement shall affect the ownership of Flitz’s Moral Right(s) in Flitz.
• 10. ADDITIONAL TERMS

  • 10.1 Flitz does not give professional advise

    Unless specifically included with Flitz, Flitz is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

  • 10.2 Flitz shall reserve the right to promote other services provided by Flitz

    You may be offered other services, products, or promotions by Flitz. Additional terms and conditions and fees may apply. With some Flitz Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Flitz permission to use information about your business and experience to help us to provide the Flitz Services to you and to enhance Flitz. You shall grant Flitz the permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also shall grant Flitz permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

  • 10.3 Communications

    Flitz may be required by law to send you communications about Flitz or Third-Party Products. You shall agree that Flitz may send these communications to you via email or by posting them on our websites.

  • 10.4 You shall manage your own password and accept updates

    You are responsible for securely managing your password(s) for access to Flitz and to contact Flitz, if you become aware of any unauthorized access to your account. Flitz may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve Flitz. You agree to receive these updates.

  • 10.5 Registrations; Other restrictions

    Flitz includes required registration, so you agree that You must register Flitz within the amount of time specified by Flitz, otherwise you will not be able to continue to use of Flitz. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. We protect your registration information according to our privacy policies relating to Flitz product You subscribed. Enabling others to use your license number(s), product number(s), and validation number(s), if any, is strictly prohibited.

  • 10.6 Software updates and Programmes

    If and when You connect to the Internet and use Flitz, Flitz may also include updates in the transmission or install programs You may have requested. Flitz may also gather certain kinds of information, in aggregate and non-aggregate form. Information in non-aggregate form will be specific to You and your business, which Flitz will use to improve Flitz in future releases and/ or other Flitz products, better customize your experience with Flitz in future releases, and present You with improved Flitz marketing offers. All data collected will be used in accordance with Flitz’s Privacy Policy.

  • 10.7 Help and support

    Flitz may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with Flitz and Flitz Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Flitz from time to time for the most up-to-date information relating to this support and any associated charges, as well as updates to Flitz. By using Flitz support, you authorize Flitz to collect certain company data files in order to provide You with a better customer support experience.

  • 10.8 In the Event of Bankruptcy

    In the event that Flitz has declared bankrupt, we will ensure the users continue to have access to their Flitz account and data for at least six (6) months. This will provide the users to have sufficient time to back-up their data.

  • 10.9 Dormant Account

    If there is no login for more than three (3) months, Flitz remain the rights to de-activate the account.
• 11. DISCLAIMER OF WARRANTIES
  Your use of Flitz and content is entirely at your own risk. Flitz disclaim all warranties and duties of any kind whatsoever, whether express or implied, including, without limitation to, those for defects in media or materials, non-infringement, interference of enjoyment, title, data loss, the accuracy, reliability, quality or content, fitness for a particular purpose, merchantability, workmanlike effort and/or lack of negligence. Flitz does not warrant that Flitz is secure, free from bugs, viruses, interruptions, errors, theft or destruction. If the exclusions for the implied warranties do not apply to You, any implied warranties are only limited to sixty (60) days from the Acceptance Date.
• 12. LIMITATION OF LIABILITY AND INDEMNITY
  • 12.1 To the maximum extent permitted by applicable law, the entire liability of Flitz for all claims relating to this Agreement shall be LIMITED to the amount that You have paid for Flitz during the twelve (12) months prior to such claim. Subject to applicable law, Flitz is not liable for any of the following: (A) indirect, special, incidental, punitive or consequential damages; (B) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Flitz’s system requirement. The above limitations shall apply even of Flitz has been advised of the possibility of such damages.
  • 12.2 You shall agree to indemnify and hold Flitz harmless from any and all Claims. Flitz shall reserve the right, in its sole discretion and at its own expenses to assume the exclusive defence and control of any Claims. You shall agree to reasonably cooperate as requested by Flitz in the defence of any Claim.
• 13. AMENDMENT
  Flitz shall reserve the right to make any amendment in this Agreement at any time, and the amendment shall be effective upon the publication of the amendment on Flitz’s website for Flitz or when Flitz notified You by other means. We may also change or discontinue Flitz, in whole or in part. Your continuation of use of Flitz shall indicate your agreement to the amendment made by Flitz.
• 14. MODIFICATIONS
  The Customer shall not modify the whole or any part of Flitz or combine or integrate or incorporate the whole or any part of Flitz in any other computer programme or system without the prior consent in writing of Flitz.
• 15. TERMINATION
  Flitz may immediately, in its sole discretion, and without notice terminate Flitz if You fail to comply with this Agreement or if You no longer agree to receive electronic communications. Upon termination You must immediately stop using and delete or destroy all copies of Flitz and any outstanding payments will become overdue. Any termination of this Agreement shall not affect Flitz’s right to any payments due to Flitz.
• 16. ENTIRE AGREEMENT
  This Agreement supersedes all prior agreements, arrangements, understandings and undertakings between the parties and constitutes the entire agreement between the parties relating to the Flitz and the Licence granted hereunder.
• 17. NOTICE

  • 17.1 All notices, demands, and other communications to be made to Flitz which are required to be given under this Agreement shall be in writing and shall be sent by hand, registered post or facsimile to Flitz and address of the Flitz is set out below. Any Notices may be delivered by-hand or prepaid registered post or facsimile to:

    Code Foruz Solutions Sdn Bhd A-06-17, Pinnacle Kelana Jaya, Jalan SS7/26, 47301 Petaling Jaya, Selangor D.E., Malaysia.

• 18. ASSIGNMENT
  • 18.1 You shall not assign, whether in whole or in part, the benefit of this Agreement or any of its rights or obligations hereunder, without the prior written consent of Flitz.
  • 18.2 Flitz may assign or transfer the License without your consent to (A) an affiliate, (B) a company through a sale of asset by Flitz or (C) a successor by merger.
  • 18.3 Any assignment in violation of Clause 18.1 and Clause 18.2 shall be void.
• 19. GOVERNING LAW
  This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
• 20. WAIVER
  No forbearance, delay or indulgence by a party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party in relation to any other provision of this Agreement, nor shall any waiver of such right operate as a waiver of any subsequent breach of the same provision by the other party.
• 21. SEVERABILITY
  Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement which shall continue in full force and effect and be valid and binding on the parties.
• 22. DISPUTE RESOLUTION AND ARBITRATION
  • 22.1 All disputes, controversies or differences which may arise between the parties in respect of this Agreement shall be settled amicably through mutual consultation or mediation.
  • 22.2 In the event that the parties fail to resolve any controversies over the interpretation of or any dispute arising out of this Agreement or anything incidental thereto, these matters shall be resolved by arbitration which shall be final and binding upon the parties.
  • 22.3 The arbitration shall be held in Kuala Lumpur, Malaysia in accordance with the Rules of Arbitration for the Kuala Lumpur Regional Centre for Arbitration for the time being in force which rules are deemed to be incorporated by reference to this clause. The tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the Kuala Lumpur Regional Centre for Arbitration. The arbitration shall be conducted in English.
• 23. FORCE MAJEURE
  • 23.1 If by any reason of any event of force majeure, any of the parties to this Agreement is delayed in or prevented from or hampered in performing any of its obligations under this Agreement, then such delay or non-performance shall not be deemed to be a breach of this Agreement. In such an event, the obligations of the party so affected by the force majeure event shall be suspended during the period of such force majeure event, and the affected party shall use all reasonable endeavours to minimise and reduce any period of suspension occasioned as aforesaid.
  • 23.2 For the avoidance of doubt, a force majeure event shall include, but shall, not be limited to acts of God, acts or omissions of any government or any rules, regulations or orders of any governmental authority or any officer, department, agency or instrument thereof, fire, storm, flood, earthquake, accident, acts of public enemy, war, rebellion, insurrection, riot, invasion, strikes, industrial disputes or lockouts, or anything regarded as being beyond the control of the party in question.