Terma Penggunaan Peniaga

Definitions

In these Terms, the following expressions have the meanings set out below. Other expressions are defined where they first appear.

"Customer" means an individual who books services, holds a balance or earns rewards with your store, whether or not that individual holds a Kyglu account. Where these Terms refer to "your customers", they refer to such individuals.

"Customer Terms" means the Kyglu Customer Terms of Use, accepted by an individual in respect of their own Kyglu customer account.

"Kyglu", "we", "us" and "our" means KYGLU TECHNOLOGY PTE. LTD. (UEN 202639469E), 68 Circular Road, #02-01, Singapore 049422.

"Owner" means the user account that created the workspace, or to which ownership of the workspace has subsequently been transferred within the Platform. The owner's email address is the workspace email address for the purposes of notices and deletion requests.

"Plan" means the subscription tier selected for your workspace, together with the fees, features and limits displayed for it at checkout, and includes the trial plan.

"Platform" means the Kyglu web application, its administrative interfaces and the workspace holding your records.

"Privacy Policy" means the Kyglu Privacy Policy, as published and amended from time to time.

"Seat" means a user account within your workspace, counted against the limit of your plan as described in section 2.2.

"Service Level Agreement" means the Kyglu Service Level Agreement, which applies only in the circumstances described in section 6.1.

"Store" means the business you operate on Kyglu through your workspace, including its public listing.

"Workspace" means the area of the Platform belonging to your business that holds your records, settings, catalogue and user accounts.

"Workspace closure" means the date on which this agreement ends under section 6.4, as confirmed by us to your business contact (section 6.5).

"You" and "your" means the business that accepts these Terms, and not the individual who registers on its behalf.

1. Your agreement with Kyglu

These Terms constitute an agreement between your business and KYGLU TECHNOLOGY PTE. LTD. (UEN 202639469E), 68 Circular Road, #02-01, Singapore 049422 ("Kyglu", "we", "us" or "our"). "You" refers to the business and not to the individual who registers. These Terms govern your use of Kyglu to operate a store, comprising the Kyglu web application, its administrative interfaces and the workspace holding your records (the "Platform"). You may contact us at admin@kyglu.com for support, billing and legal enquiries.

1.1 Acceptance of these Terms

You accept these Terms when you create a Kyglu workspace, and again whenever we ask you to accept an amended version. The individual who creates the workspace confirms that they are authorised to bind the business. We record the version accepted, the time of acceptance and the identity of the individual accepting. The Privacy Policy is made available at that step; acknowledging it does not constitute consent to marketing or other optional processing.

1.2 Your workspace

A workspace belongs to a single business. Its records are yours, including your customers, appointments, documents, catalogue and settings. We hold them in order to provide the Platform to you, on the terms set out in section 4. You determine who has access and at what level, you are responsible for their use of that access, and you must notify us promptly if you believe an account has been compromised.

1.3 Other Kyglu agreements

Your customers accept the Customer Terms in respect of their own Kyglu accounts. Those Terms are between Kyglu and the customer; they do not govern your relationship with your customer and do not relieve you of any obligation you owe to your customer. The Privacy Policy describes how personal data is handled across Kyglu and is addressed principally to customers; personal data concerning you and your staff is addressed in section 4.7. Our public website is subject to its own terms.

2. Your subscription

2.1 Free trial

A new workspace commences on a free trial with the features and limits of the trial plan. We may vary the trial period for new workspaces; a trial already in progress is not shortened. If you do not subscribe before the trial ends, access is limited as described in section 2.4; your records are not deleted at that point (section 6.5).

2.2 Plans, seats and limits

Each plan is subject to limits, including the number of user accounts ("seats"). The owner's account counts as a seat, and an unaccepted invitation reserves a seat until you cancel it. When a limit is reached, the Platform blocks the action rather than charging you for the excess; you may upgrade in order to proceed. Certain features are attributable to the industry configuration selected for your workspace rather than to a plan, and their form may change.

2.3 Fees, billing and taxes

Fees, currency, billing period and plan contents are displayed before you subscribe, together with whether the subscription renews automatically, how and when renewal may be stopped, when cancellation takes effect and the treatment of unused prepaid fees. Payment is processed by our payment provider; we hold billing contacts, transaction references and limited payment-method details, and never full card numbers or security codes. Fees are exclusive of GST and other taxes, which are added where required, and are payable in advance for each billing period.

2.4 Failed payments

If a payment is not received, we may restrict the workspace, including to read-only access, in accordance with the billing sequence disclosed for your plan. That sequence sets out the period available to resolve the payment, when access changes and how it is restored. Bringing the subscription up to date restores access. Any different arrangement applies only if agreed in writing before the restriction is imposed.

2.5 Changes to plans and pricing

You may change plan at any time; the change takes effect as described at checkout. We may change prices, plan contents or limits on not less than 30 days' notice, taking effect no earlier than your first renewal following the notice period, so that you may cancel before the change applies. A change does not apply to a period for which payment has already been made.

3. Operating your store on Kyglu

3.1 Your responsibility to your customers

Kyglu provides the technology; it is not the seller of your goods or services. You are responsible for your services, prices, staff, availability, fulfilment, cancellation and refund practices, and for the accuracy of the information you publish through the Platform.

You must provide your customers with terms covering their dealings with you, and comply with the consumer protection, advertising, tax and industry rules applicable to your business. Your terms, prices, cancellation and no-show conditions must be available to a customer before they book or purchase, as that is what we inform your customers to expect. You must not seek to exclude a remedy your customer has under a law that cannot be excluded.

We inform your customers that a booking request is not confirmed until its status so indicates. You must keep request statuses current and deal with requests within a reasonable time.

3.2 Prepaid credit, packages and points

Where a customer pays you in advance, whether as prepaid credit, a package, a deposit or otherwise, you receive the funds and you owe the customer the service. Kyglu does not receive, hold or handle those funds. The Platform records the balance; the obligation is yours, and you must honour a valid balance, package or benefit on the terms on which you sold it.

If you cease using Kyglu or close your business, outstanding balances remain your obligation. We are unable to pay them out on your behalf, and closing or deleting your workspace does not discharge them. Before you leave, you should settle those balances or make arrangements with the customers concerned, and retain your own record of any amounts remaining outstanding.

3.3 Invoices and collection of payment

You issue your own quotations, invoices and receipts through the Platform and collect payment by whatever means you accept. Kyglu is not a payment processor for those transactions and does not verify that a payment recorded as received was in fact received.

The Platform can generate a link that opens a document in a browser without sign-in. Any person holding the link is able to open it; you should therefore send it only to the correct address and never publish it.

You are responsible for your own tax and statutory record-keeping. A record in the Platform is not a substitute for your own accounts, and the law may require you to retain records for longer than the Platform does. You should retain your own copies.

3.4 Messages you send

You are the sender of messages sent to your customers through, or with the assistance of, the Platform. You are responsible for having a lawful basis to send them, for honouring the preferences your customers have set, and for compliance with the rules on unsolicited commercial messages applicable where your customer is located, including Singapore's Do Not Call provisions. Where the Platform prepares a message for you to send through an external messaging application, preparation does not constitute sending; responsibility for the message remains with you.

3.5 Reviews

Customers may publish reviews of your store. Ratings, review text and the reviewer's name appear on your public listing, and you may publish a reply. You must not submit or procure fabricated reviews, offer an inducement for a favourable review, or penalise a customer for an unfavourable one.

3.6 Your staff

You determine who has access to your workspace and at what level. You must grant access appropriately, withdraw it promptly when it is no longer required, and are answerable for the actions of those to whom you have granted access. The Platform offers security controls, including two-factor authentication, that you may require of your users; whether to require them is your decision, and we do not impose them on your behalf.

3.7 Acceptable use

You must not use the Platform to break the law, send bulk unsolicited messages, hold records you have no right to hold, circumvent access controls or plan limits, disrupt the service, or resell access outside your business. You must not carry out automated extraction or security testing without our permission, save where the law expressly permits. We respond to misuse in proportion to the risk.

3.8 Content and intellectual property

Your content. Your business name, descriptions, images, catalogue, documents and other material you place in the Platform remain your property. You grant us a non-exclusive licence to host, store, reproduce, transmit and display that material to the extent required to provide the Platform to you and your customers, including on a public store listing where you elect to appear, and to make the backups described in section 4. The licence subsists while the material remains in your workspace and, following closure, only for such period as section 6.5 permits; it is neither a transfer of ownership nor a right to sell your material. You confirm that you hold the rights necessary to grant it. We may remove material where we have a documented legal, safety or policy reason, and will inform you when we have done so.

Our property. The Platform, its software, interfaces and Kyglu branding remain the property of Kyglu or its licensors. You have a limited, non-exclusive, non-transferable right to use the Platform for your own business during a trial, a current subscription and any permitted read-only or retrieval period. You must not copy, adapt or reverse-engineer the Platform save where the law expressly permits. Open-source components remain subject to their own licences.

4. Personal data

This section sets out how each party handles personal data and applies in place of a separate data processing agreement.

4.1 The respective roles of the parties

In respect of the records you keep about your own customers, you determine what is collected and for what purpose. Under Singapore's Personal Data Protection Act 2012 you are the organisation responsible for that data, and Kyglu processes it on your behalf as your data intermediary. In respect of your own business account (the names, email addresses, sign-in records and security settings of you and your staff), Kyglu determines how the data is handled and is responsible for it (section 4.7).

4.2 Processing on your instructions

We process your customers' personal data in order to provide the Platform to you, on your instructions and as required by law. Your instructions are given through your use of the Platform and its settings. We do not use your customers' personal data for our own purposes, do not sell it, and do not use private customer content to train an artificial intelligence model. Where you connect the Platform to another service, such as a calendar, that constitutes your instruction to transmit the relevant data to that service; the use made of it by that service is governed by your arrangements with its provider.

4.3 Our undertakings

• To apply reasonable security measures appropriate to the data.
• To restrict access to personnel who require it, subject to an obligation of confidentiality.
• To notify you without undue delay if we become aware of a security incident affecting your customers' personal data, together with the information you require to meet your own obligations.
• To assist you, so far as is reasonable, with a customer's request to access or correct their personal data.
• To retain and dispose of the data as described in the Privacy Policy and section 6.5.

4.4 Service providers and processing outside Singapore

We engage service providers to operate the Platform, including for hosting, messaging and notification delivery. They act on our instructions, and some process data outside Singapore. The Privacy Policy describes the categories of provider and the protections applied. Your acceptance of these Terms constitutes your authorisation for that processing.

4.5 Requests from your customers

Your customers have rights under the data protection law applicable to them, including the right to access and correct their personal data and to withdraw consent. Requests concerning the records you hold are for you to answer, within the period the law allows, and you must give effect to a withdrawal of consent. If a request reaches us, we may assist in identifying your store and, with the requester's permission, forward it to you and provide the assistance described in section 4.3; we do not alter or erase your records ourselves, and referral does not extend a statutory deadline. You must notify us promptly if you require information from the Platform in order to answer a request. A request concerning a Kyglu account itself is for us to answer.

4.6 Your own obligations

You must provide your customers with a privacy notice covering what you collect and for what purpose, obtain any consent your use requires, and keep your customers' data accurate and retain it for no longer than necessary. You must not place in the Platform any personal data you have no lawful basis to hold, and you must not use a field intended for one purpose to record more sensitive information.

Where your business requires sensitive information, such as health information, you must explain to the customer why you collect it and how it is handled, and obtain any consent the law requires beforehand. Where you hold records concerning a person under 18 years of age, you must hold the consent or authority the law requires and deal with requests from a parent or guardian.

If a customer deletes their Kyglu account, records you separately require remain in your workspace and remain your responsibility; you must retain them only for so long as you have a basis to do so. You must notify us without undue delay if you become aware of a security incident affecting your workspace, including a compromised account or access by a person no longer entitled to it.

4.7 Personal data concerning you and your staff

Kyglu is responsible for the personal data it uses to operate business accounts, comprising names, contact details, roles and permissions, sign-in IP addresses and device information, two-factor and trusted-device records, activity records, billing contacts, payment-provider references and support correspondence. We receive this data from you, your users, your use of the Platform and the providers engaged for your subscription. We use it to provide and secure the workspace, administer access and billing, respond to support requests, investigate misuse, evidence this agreement and comply with legal obligations.

5. Support access

Named Kyglu personnel may access a workspace where necessary to provide support, investigate a fault or comply with a legal obligation. Such access is limited to what the task requires and is logged separately from your own activity records, as evidence of the actions taken.

6. Availability, responsibility and termination

6.1 Availability

We exercise reasonable care in providing the Platform. We do not warrant that it will be uninterrupted or error-free; maintenance, third-party failures and network conditions may interrupt access.

A service level, comprising an availability target, support response times and service credits, applies only where the Kyglu Service Level Agreement (v1.0) is identified by version in a signed order for your business. Otherwise, this section constitutes the entirety of our commitment regarding availability. Where it applies, the Service Level Agreement covers the web application only; the customer mobile applications and customer portal carry no service level.

6.2 Responsibility

Each party is responsible, as the law provides, for loss caused by its own breach of these Terms or wrongful conduct. We are not responsible for your dealings with your customers, for the accuracy of information you enter, for a payment you record as received, or for loss you could have avoided by keeping your own records as section 3.3 requires.

Save for the matters referred to in the following sentence, our total liability to you under or in connection with these Terms is limited to the monthly subscription fee for the month or months in which the event giving rise to the claim occurred (one twelfth of the annual fee where you pay annually). Nothing in these Terms excludes liability for fraud, wilful misconduct, or any matter that cannot lawfully be excluded.

6.3 Your indemnity

You shall indemnify us against any third-party claim arising from your use of the Platform in breach of these Terms, in particular a claim by your customer concerning your services, your messages, or personal data you had no right to hold. This indemnity does not extend to a claim caused by our own breach or wrongful conduct.

6.4 Suspension and termination

You may cancel at any time through the Platform or by contacting us; cancellation takes effect as described in section 2.3. We may suspend or terminate access where reasonably necessary to address a material breach, a credible security risk, unlawful activity, sustained non-payment or a legal requirement. We provide a reason and an opportunity to respond where practicable; urgent protective measures may take precedence, with an explanation provided as soon as practicable.

6.5 Treatment of your records

Workspace closure is the date on which the agreement ends under section 6.4, as confirmed by us to your business contact. Trial expiry, a failed payment, read-only access or the cessation of renewal does not of itself close the workspace.

If your subscription lapses and you do not request deletion of the workspace, we retain it for 90 days following closure so that you may resubscribe and continue where you left off; we remind you before that period ends, and after 90 days the workspace is deleted. You may request earlier deletion by writing to admin@kyglu.com from the owner's email address. Section 9 of the Privacy Policy describes what is deleted, what we retain for our own obligations, and the copies you must take beforehand.

6.6 Changes to these Terms and to the Platform

We may amend these Terms on not less than 30 days' notice of a materially adverse change, and we will ask you to accept the amended version. Urgent legal or security changes may take effect sooner, with an explanation.

6.7 General

These Terms are governed by Singapore law, and the courts of Singapore have non-exclusive jurisdiction. If any provision is unenforceable, the remainder continues in effect. You may not assign these Terms without our consent; we may assign them as part of a transfer of business, on notice, with your rights preserved. A delay in enforcing a term does not constitute a waiver. These Terms, together with the plan details displayed at checkout, constitute the entire agreement between the parties on this subject; the Privacy Policy supplies the privacy information referred to herein, and acceptance of these Terms does not constitute consent to optional marketing. Notices to you are sent to the workspace email address; notices to us are to be sent to admin@kyglu.com.