Terms and Conditions

Last updated: June 11, 2026

A quick note from us

Having a set of terms and conditions is just standard practice for any service, and this page is simply here to keep things clear and fair for everyone. Our real focus is you: we're committed to giving every client our very best service, support and experience, and we're always only a WhatsApp message away if anything is ever unclear.

These Terms and Conditions (the "Terms") are made between BIGBIGRED DIGITAL SOLUTIONS (Registration No. 202603086052 (TR0339995-H)) ("BigBigRed", "we", "us" or "our"), a business registered in Malaysia with the Companies Commission of Malaysia (SSM), and the business identified in the Order (the "Client", "you" or "your"). These Terms govern the Client's purchase of, access to and use of the BigBigRed web-based, AI-powered platform and all related features (the "Service"). These Terms are published at https://bigbigred.com/terms and apply to, and are incorporated into, every invoice and/or quotation issued by us (the "Order") and all access to and use of the Service, whether or not the Order expressly references them. Together with the applicable Order, these Terms form the binding agreement between the parties for the purchase. By making payment for and/or using the Service, the Client accepts and agrees to be bound by these Terms.

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1. Definitions and Interpretation

1.1 In these Terms, the following capitalised terms have the meanings given below.

1.2 "Access Period" means the fixed period (for example, one (1), two (2) or three (3) years) stated in the applicable Order during which the Client is granted the right to use the Service, commencing only after the Fee has been received in full.

1.3 "Authorised Users" means the Client's staff, branch operators or other personnel to whom the Client grants access to the Service under sub-accounts or branch logins.

1.4 "BigBigRed", "we", "us" or "our" means BIGBIGRED DIGITAL SOLUTIONS, a business registered in Malaysia with the Companies Commission of Malaysia (SSM) under Registration No. 202603086052 (TR0339995-H).

1.5 "Client", "you" or "your" means the business that purchases the right to use the Service under an Order.

1.6 "Confidential Information" has the meaning given in clause 19.1.

1.7 "End Customer" means the Client's own customer or member of the public who interacts with the Service, including by scanning a QR code to generate content or by participating in the Client's loyalty program or complaints capture.

1.8 "End-Customer Personal Data" means Personal Data relating to End Customers that is collected, uploaded, processed or stored through the Service, including (without limitation) loyalty-program data (name, telephone number and birthday) and complaint or private-feedback data (name, telephone number and feedback content).

1.9 "Fee" means the one-time, up-front amount payable by the Client for the Access Period, as stated in the applicable Order.

1.10 "Feedback" has the meaning given in clause 14.7.

1.11 "Force Majeure Event" has the meaning given in clause 23.1.

1.12 "Generated Content" means any review, social post, reply, apology, auto-reply or other text or output drafted, produced or suggested by the Service using artificial intelligence.

1.13 "Order" means the invoice and/or quotation issued by us to the Client which sets out the Service purchased, the applicable plan, the Fee and the Access Period, whether or not it expressly references these Terms.

1.14 "PDPA" means the Personal Data Protection Act 2010 of Malaysia, including any amendments (including the Personal Data Protection (Amendment) Act 2024) and subsidiary legislation.

1.15 "Personal Data" has the meaning given to it under the PDPA.

1.16 "Service" means the BigBigRed web-based, AI-powered platform and all related features, tools, dashboards and functionality made available by us, as further described in these Terms and as gated by the applicable plan.

1.17 "Third-Party Platform" means any third-party service to which Generated Content may be posted or which is otherwise referenced by the Service, including Google, Meta Platforms, Inc. (including Facebook), Xiaohongshu (小红书), TripAdvisor and Dianping (大众点评).

1.18 "Third-Party Service Providers" means the third-party service providers and sub-processors on which the Service relies, including third-party artificial-intelligence and large-language-model providers (such as DeepSeek, Qwen / Alibaba Cloud and Google Gemini) (the "Third-Party AI Providers"), hosting and infrastructure providers, database providers (such as Supabase / PostgreSQL) and transactional and notification email providers. Third-Party Service Providers are also referred to as sub-processors where they process Personal Data.

1.19 "Terms" means these terms and conditions, as amended from time to time.

1.20 In these Terms: words importing the singular include the plural and vice versa; references to "including" or "include" mean "including without limitation"; references to a "person" include any individual, body corporate or unincorporated entity; references to a clause are to a clause of these Terms; and headings are for convenience only and do not affect interpretation. The Order is a separate document incorporated into and governed by these Terms.

2. Acceptance and Formation of Contract

2.1 These Terms, together with the applicable Order, constitute the entire agreement between the parties in respect of the Client's purchase of and access to the Service, and supersede all prior discussions, representations, proposals and understandings, whether oral or written.

2.2 The Client accepts these Terms by either (a) making payment of the Fee in whole or in part, or (b) accessing or using the Service. Any such act constitutes the Client's unconditional acceptance of these Terms. These Terms apply to, and are incorporated into, every Order whether or not that Order expressly references them, and the absence of a reference to these Terms on any invoice or quotation does not affect their application or the Client's acceptance of them by payment and/or use. For the avoidance of doubt, and as set out in clause 2.3, payment in part constitutes acceptance of these Terms but does not entitle the Client to access; access to the Service is enabled only after the Fee has been received in full.

2.3 Access to the Service is granted only after the Fee has been received by us in full and in cleared funds. No access will be enabled until payment has been received in full.

2.4 The Client may accept these Terms only through an individual who has the authority to bind the Client, as set out in clause 3.

2.5 In the event of any conflict between these Terms and the Order, these Terms prevail except in respect of the Fee, the payment terms, the plan and the Access Period stated in the Order, which prevail to the extent of any such conflict.

2.6 The version of these Terms in force and published at https://bigbigred.com/terms (or otherwise linked or made available by us) at the date of the Client's Order governs that Order for its Access Period. We keep prior versions of these Terms available on request, and the Client should retain a copy of the version it accepted. The Client's acceptance (by payment and/or use) is conclusive evidence of the Client's agreement to that version. Amendment of these Terms is governed by clause 24.3.

2.7 The parties consent to entering into this agreement by electronic means. Electronic acceptance (including by payment and/or use of the Service) is valid and enforceable, and the parties acknowledge the validity of electronic communications and records under the Electronic Commerce Act 2006 and, where applicable, the Digital Signature Act 1997.

3. Eligibility and Authority

3.1 The Service is offered solely to businesses for use in the course of their trade, business or profession. The Client represents and warrants that it is acquiring and using the Service for business purposes and not as a consumer.

3.2 The Client represents and warrants that it is a validly existing business or lawful trading entity, duly registered or licensed as required under applicable Malaysian law, and that it has full power and authority to enter into and perform these Terms.

3.3 The individual accepting these Terms and/or placing the Order on behalf of the Client represents and warrants that he or she is at least eighteen (18) years of age, has full legal capacity, and is duly authorised to bind the Client to these Terms.

3.4 The Client is responsible for all acts and omissions of its Authorised Users and for ensuring that each Authorised User complies with these Terms. Each Authorised User must be at least eighteen (18) years of age.

3.5 We may rely on any instruction, acceptance or action taken by a person who accesses the Service using the Client's or an Authorised User's credentials as having been duly authorised by the Client.

4. Description of the Service

4.1 The Service is a web-based, AI-powered platform that provides some or all of the following features, depending on the plan purchased under the Order:

(a) AI review and content generation — the Client may display a QR code (for example, on a table, receipt or packaging) which an End Customer scans, selects keywords and a language (English, Chinese or Malay), and the Service then drafts a positive, platform-ready review or social post for one or more Third-Party Platforms (such as Google Reviews, Xiaohongshu, Facebook, TripAdvisor and/or Dianping). The End Customer chooses whether to copy and post the Generated Content to the relevant Third-Party Platform.

(b) Owner dashboard and multi-branch management — tools to manage the business profile, keywords and QR codes, view statistics, and operate branch sub-accounts with their own logins for Authorised Users.

(c) Loyalty program (optional add-on) — functionality enabling the Client to collect certain End-Customer Personal Data (such as name, telephone number and birthday) and to manage points, digital vouchers and transactions, as further provided in clause 9.

(d) Complaints / private-feedback capture (optional) — a "happy/unhappy" gate by which an End Customer may submit private feedback (such as name, telephone number and complaint text); the Service emails the Client and may send the End Customer an AI-generated apology or auto-reply, as further provided in clause 8.

(e) Google review-reply (planned / beta) — a future feature intended to provide AI-drafted, human-approved replies to the Client's Google reviews via Google's application programming interface, as further provided in clause 10.

4.2 The features available to the Client are determined by the plan (for example, Lite, Business or Pro) stated in the Order. Certain features, including the availability of particular Third-Party Platforms, the number of branches, Authorised Users and QR codes, and any generation or usage limits, are gated by plan tier and are as stated in the Order or the applicable plan. We may apply reasonable fair-use limits to protect the integrity, security and performance of the Service. Any mid-term upgrade, downgrade or change of plan requires a new or varied Order and may require payment of an additional Fee.

4.3 We may add, modify, suspend, withdraw or discontinue any feature or part of the Service in accordance with clause 22. Any feature described as planned, beta, trial or preview is provided on an "as is" and "as available" basis, may be incomplete or unstable, may be changed or withdrawn at any time, and is provided without any warranty or commitment of any kind.

4.4 The Service depends on Third-Party Service Providers which act as sub-processors or suppliers outside our control. The continued availability and functionality of the Service may be affected by such third parties, as further provided in clause 6.

5. AI-Generated Content

5.1 Generated Content is produced by automated artificial-intelligence systems, including third-party large-language-model providers. Such content is generated algorithmically and is not reviewed, verified or endorsed by us.

5.2 The Client acknowledges that Generated Content may be inaccurate, incomplete, generic, repetitive, duplicative, outdated, misleading, or non-compliant with the policies of a Third-Party Platform or with applicable law, and may not reflect the actual facts, experience or circumstances of any End Customer.

5.3 The Client and, as applicable, the End Customer are solely responsible for reviewing, editing, verifying and approving all Generated Content before it is posted, published, sent or otherwise used. Generated Content must not be relied upon without independent review.

5.4 We do not review, monitor, moderate, control or take responsibility for any content that is posted, published or sent by the Client or any End Customer, whether or not it originated as Generated Content. The decision to post or use any content rests entirely with the Client and the relevant End Customer.

5.5 We grant no warranty that Generated Content is original, non-infringing, accurate or fit for any particular purpose, and, subject to clause 15, we accept no responsibility or liability for any use of, reliance on, or consequence arising from Generated Content.

5.6 The Client acknowledges that, as between the parties and as against any third party, the Client (and/or the relevant End Customer) is the author and publisher of any content that is posted, sent or published, and that we merely provide automated drafting suggestions which we do not author, adopt, endorse or publish. We act as a neutral technical facility only.

6. Third-Party Platforms and Third-Party Service Providers

Third-Party Platforms

6.1 BigBigRed is an independent provider. We are not affiliated with, associated with, authorised by, endorsed by, sponsored by, or in any way officially connected with Google, Meta Platforms, Inc. (including Facebook), Xiaohongshu (小红书), TripAdvisor, Dianping (大众点评), or any other Third-Party Platform. All product names, trademarks and registered trademarks are the property of their respective owners and are used for identification purposes only.

6.2 The Service provides a tool that helps draft content. Except where a feature is expressly designed to transmit Client-approved content on the Client's behalf using the Client's own account (see clause 10), the Service does not post, publish, transmit or submit any content to any Third-Party Platform. The End Customer alone decides whether, when, where and what to publish, using their own account on the relevant Third-Party Platform.

6.3 The Client's and each End Customer's access to and use of any Third-Party Platform is governed solely by that Third-Party Platform's own terms of service, policies and guidelines, and by their relationship with that platform. The Client is solely responsible for reviewing, accepting and complying with those terms and policies, and for ensuring that its End Customers do the same. We are not a party to, and assume no responsibility under, any agreement between the Client (or any End Customer) and any Third-Party Platform.

Third-Party Platform Actions

6.4 Each Third-Party Platform independently owns and controls its own services and acts entirely at its own discretion. We have no control over, involvement in, or influence over any Third-Party Platform or any decision it makes.

6.5 A Third-Party Platform may, at its sole discretion and without prior notice, among other things: change, restrict or discontinue its policies, guidelines, application programming interfaces (APIs), features or algorithms; review, moderate, reject, remove, hide or decline to publish any content; alter, reduce, withhold or remove the ranking, visibility, reach, ratings or display of any content, account, profile or business listing; suspend, restrict, disable, deactivate or permanently terminate any account, profile, page or business listing; or take any other action it considers appropriate, including for reasons connected with content created, drafted or published using the Service.

6.6 We have no control over, involvement in, or responsibility for any action described in clause 6.5 or for the reasons behind it. Subject to clause 15, and to the fullest extent permitted by law, we accept no responsibility and no liability for any such action or for any resulting loss or damage, including any loss of or reduction in content, posts, reviews, ratings, rankings, visibility, reach, listings, profiles, accounts, followers, and any historic or pre-existing content, reviews, ratings or listing history (whether or not generated using the Service), access, business, revenue, profits, data or goodwill, however arising.

6.7 No action by a Third-Party Platform, and no loss arising from it, entitles the Client to any refund, credit, compensation, damages, set-off, extension or reduction in the Fee, and does not constitute a failure, breach or misrepresentation by us.

6.8 The Client acknowledges that we do not guarantee that any content, account, profile or business listing will be accepted, published, retained, ranked, displayed or remain available on any Third-Party Platform, and that continued access to and interoperability with any Third-Party Platform may change or cease at any time for reasons outside our control.

6.9 The Client expressly acknowledges that it has been informed of, has understood and has accepted the risk described in this clause 6 before purchasing, and that no action by a Third-Party Platform shall constitute a breach of these Terms by us, a misrepresentation, or a ground for any claim, set-off or refund against us.

Third-Party Service Providers and Sub-Processors

6.10 The Service relies on Third-Party Service Providers. Third-Party Service Providers operate outside our control. Their availability, performance, uptime, output, accuracy, content, security, data handling, pricing, terms and continued operation are determined by them and are not guaranteed by us. The Service may be unavailable, delayed, degraded or interrupted as a result of their acts, omissions, outages, maintenance, rate-limiting, errors or changes.

6.11 Subject to clause 15, and to the fullest extent permitted by law, we accept no liability for the acts or omissions of any Third-Party Service Provider, or for any unavailability, outage, interruption, delay, degradation, defect, error, change, discontinuation or price change in their services, or for any loss or damage arising from any of the foregoing.

6.12 We may, at any time and without liability to the Client, add, remove, replace or substitute any Third-Party Service Provider, and may modify or discontinue any feature, integration or functionality that depends on a Third-Party Service Provider. We will use reasonable efforts to maintain comparable functionality but do not guarantee that any specific provider, model, feature or integration will remain available. Where a Third-Party Service Provider acts as a sub-processor of Personal Data, the notice provisions of clause 12 apply.

No Compensation for Third-Party Changes

6.13 Subject to clause 15, and to the fullest extent permitted by law, no change, limitation, suspension, interruption, discontinuation or unavailability of, or action taken by, any Third-Party Platform or Third-Party Service Provider, and no resulting impact on the Service or its functionality, shall entitle the Client to any refund, credit, compensation, damages, set-off, extension or reduction in the Fee, or constitute a breach of these Terms by us. The Client acknowledges that it has purchased access to the Service on an "as available" basis in reliance on third parties outside our control, and accepts the risk of the changes and events described in this clause 6.

7. Genuine-Experience and Platform-Compliance Responsibility

7.1 The Service is a drafting tool only. It does not generate reviews automatically, does not publish content, does not solicit, incentivise, fabricate, generate on behalf of, or guarantee any review, rating or post, does not target, select or pay any reviewer, and does not condition any benefit on the posting of content. It produces optional draft text only, at the request and under the control of a self-identified genuine End Customer, who alone edits the content, decides whether to post and chooses what to post. The Service is intended solely to help genuine customers articulate their genuine experiences more easily.

7.2 The Client represents, warrants and undertakes that every review, post or other content generated, copied or posted using the Service reflects a genuine End Customer and that End Customer's genuine, honest and actual experience with the Client's business.

7.3 The Client shall not, and shall not permit or encourage any person to, use the Service to create or publish false, fake, fabricated, misleading or deceptive reviews or content, or to post content in the name of a person who is not a genuine End Customer with a genuine experience.

7.4 The Client is solely responsible for ensuring that its use of the Service, and all content created, copied, posted or published using it, complies with the terms, policies and guidelines of each relevant Third-Party Platform and with all applicable laws, including consumer-protection and advertising laws and the laws governing misleading or deceptive conduct.

7.5 The Client must not offer, and must not permit any person to offer, any inducement, reward, discount, points, voucher or other benefit in exchange for the posting of any particular review, rating or content, where doing so would breach any Third-Party Platform's terms or applicable law. The Client is solely responsible for the lawful and policy-compliant operation of any loyalty program or incentive it chooses to run.

7.6 The Client assumes all risk and responsibility arising from the matters in this clause 7, and shall indemnify us in respect of any breach of the Client's representations, warranties and undertakings in this clause 7, including any regulatory investigation, claim, fine or penalty against us arising from the Client's or any End Customer's breach of this clause 7, as further provided in clause 16.

8. Complaints / Private-Feedback Feature

8.1 The complaints / private-feedback feature, including any AI-generated apology or auto-reply, is an automated convenience tool only. It is not a substitute for the Client's own review of, and response to, complaints.

8.2 The Client is solely responsible for monitoring, triaging and responding to all complaints, including any complaint concerning health, safety, injury, allergens, legal threats or other serious matters, and for escalating such matters appropriately and promptly.

8.3 The Client acknowledges that automated replies are generated without human review, may be inappropriate to the circumstances, may be delayed or may not be sent or delivered, and must not be relied upon as the Client's response.

8.4 No automated reply constitutes, on the Client's behalf or ours, any admission of liability or fact.

8.5 Subject to clause 15, and to the fullest extent permitted by law, we accept no liability for any complaint not received, read, escalated or acted upon, or for the content, timing or non-delivery of any automated reply. Any dispute between the Client and an End Customer concerning a complaint is subject to the indemnity in clause 16.

9. Loyalty Program

9.1 Any loyalty program operated using the Service is the Client's own program. The Client, and not BigBigRed, is solely the issuer of, and solely responsible for honouring, all points, vouchers, rewards and balances, and for the terms, value, expiry, redemption, funding and lawful operation of the program (including any applicable consumer-protection requirements).

9.2 We provide software functionality only and are not a party to, and assume no obligation or liability in respect of, any point, voucher, reward, balance or transaction, or any dispute between the Client and any End Customer concerning them.

9.3 The Client acknowledges that loyalty balances and records may be affected by deletion under the retention and deletion provisions of clause 13, and is solely responsible for maintaining its own authoritative records. Any dispute between the Client and an End Customer concerning the loyalty program is subject to the indemnity in clause 16.

10. Features That Transmit Content on the Client's Behalf (including Google Review-Reply)

10.1 Where the Google review-reply feature (or any similar feature that transmits content on the Client's behalf) is made available, the Client authorises us to transmit only those replies that the Client has reviewed and approved, using the Client's own connected Google (or other relevant) account and authorisation.

10.2 The Client is solely responsible for obtaining and maintaining its own authorisation and credentials for the relevant Third-Party Platform, and for complying with that platform's API and platform terms, including (in the case of Google) the Google API Services User Data Policy, applicable OAuth scope obligations and Google's platform policies.

10.3 The Client remains the author and publisher of each reply transmitted on its behalf.

10.4 Subject to clause 15, and to the fullest extent permitted by law, we accept no liability for any reply published, delayed, duplicated, failed or rejected, for any error in approval or transmission, or for any action taken by a Third-Party Platform in connection with such use. The suspension, no-compensation and limitation-of-liability provisions of these Terms apply to such features, and any feature of this kind is provided on an "as is" and "as available" basis.

11. No Guaranteed Results

11.1 The Service is a tool to assist the Client. We make no representation, warranty or guarantee as to any outcome or result arising from use of the Service.

11.2 Without limitation, we do not guarantee any increase in, or any particular level of, reviews, ratings, star ratings, search or listing rankings, visibility, impressions, reach, website or store traffic, leads, sales, revenue, customer numbers, repeat customers or any other commercial or marketing outcome.

11.3 Any examples, figures, testimonials or statements in our marketing or other materials regarding potential results are illustrative only, are not a promise or guarantee, and actual results depend on numerous factors outside our control, including the conduct of End Customers, the actions of Third-Party Platforms, market conditions and the Client's own business.

11.4 The Client's decision to purchase and use the Service is made on the basis of its own independent assessment and not in reliance on any guarantee of results.

12. Data Protection and Privacy

12.1 For the purposes of the PDPA, and in respect of all End-Customer Personal Data, the Client is the "data user" and determines the purposes for and manner in which such Personal Data is processed. We act as a "data processor" and process End-Customer Personal Data only on the Client's documented instructions for the purpose of providing the Service, save where we are otherwise required by applicable law.

12.2 The Client's use of the Service, including its configuration of the loyalty program, complaints / private-feedback capture and any other data-collection feature, constitutes the Client's documented instructions to us for the processing of End-Customer Personal Data. The Client must not instruct us to process End-Customer Personal Data in any manner that would breach the PDPA or any other applicable law.

12.3 We do not control, and are not responsible for, the content, accuracy, legality or purpose of any End-Customer Personal Data that the Client collects, uploads or processes through the Service.

12.4 As a data processor, we will comply with our own obligations under the PDPA, including the Security Principle and any directly-applicable data-processor obligations introduced by the Personal Data Protection (Amendment) Act 2024. Nothing in these Terms purports to exclude, limit or contract out of any statutory duty that we owe directly under the PDPA.

Client Data-Protection Obligations and Warranties

12.5 The Client represents, warrants and undertakes, on a continuing basis, that:

(a) it has the right to collect, upload, process and store all End-Customer Personal Data made available to or processed through the Service, and to instruct us to process it as contemplated by these Terms;

(b) it has obtained all consents required, and has a valid lawful basis, under the PDPA for the collection, use, disclosure, processing and cross-border transfer of End-Customer Personal Data, including its processing by us and our sub-processors as described in this clause 12;

(c) it has issued to End Customers all privacy notices and other notices required under the PDPA and applicable law, and that such notices expressly disclose processing by BigBigRed and its sub-processors and any cross-border transfer of End-Customer Personal Data;

(d) as the data user, it is responsible for receiving, assessing and responding to all End-Customer requests and communications relating to their Personal Data (including access, correction, withdrawal of consent, and erasure or other data-subject rights requests) and for compliance with its data-user obligations under the PDPA, including (where applicable) determining whether a data breach is notifiable, making any required notification, and appointing any required data-protection officer; and

(e) the Service is not designed to capture sensitive personal data (as defined in the PDPA) and the Client must not collect, upload, store or otherwise input through the Service any sensitive personal data, or any category of Personal Data, beyond what the relevant feature of the Service is designed to capture. The Service does not technically prevent such input, and accordingly this restriction is the Client's responsibility.

12.6 The Client is responsible for ensuring that its collection and use of End-Customer Personal Data, and any communications it sends to End Customers using the Service, comply with the PDPA and all other applicable laws.

12.7 We may, where reasonably practicable and at the Client's cost, provide reasonable assistance to enable the Client to comply with its obligations under this clause 12, but the Client remains responsible for such compliance.

Security

12.8 We apply reasonable technical and organisational measures designed to protect the data processed through the Service against accidental or unlawful loss, access or disclosure, consistent with our obligations under the PDPA Security Principle. We will ensure that our personnel and any sub-processors who process End-Customer Personal Data are subject to appropriate confidentiality obligations.

12.9 The Client acknowledges that, despite these measures, no method of electronic storage or transmission is completely secure, and we do not warrant or guarantee that the Service, or any data stored or transmitted through it, is or will be fully secure, uninterrupted, error-free or free from unauthorised access. The Client uses the Service, and stores and transmits data through it, at its own risk.

12.10 The Client is responsible for implementing and maintaining its own appropriate safeguards in connection with its use of the Service, including in respect of any data it exports, downloads or retains outside the Service.

Data Breach and Unauthorised Access

12.11 Subject to clause 15, and save in respect of our failure to comply with clause 12.8 and our direct statutory obligations as a data processor under the PDPA (which we do not seek to exclude) and any gross negligence or wilful default on our part, and to the fullest extent permitted by law, we are not liable for any unauthorised access to, or hacking, phishing, malware, interception, loss, corruption, deletion, alteration, disclosure or other compromise of, any data processed, stored or transmitted through the Service, however arising.

12.12 We will, after becoming aware of a personal-data breach affecting End-Customer Personal Data, notify the Client without undue delay and provide, within the scope of our role as data processor, such cooperation and information as is reasonably necessary to enable the Client to meet its own notification and other obligations under the PDPA. Such cooperation does not constitute an admission of fault or liability, and nothing in this clause expands our liability beyond what is required by applicable law.

12.13 As between the parties, the Client is responsible, as the data user, for determining whether any incident is notifiable and for making any notification to the relevant authority and to affected End Customers.

12.14 Our liability (if any) for any data incident is in all cases subject to clause 15, including the aggregate cap in clause 15.3.

Sub-Processors and Cross-Border Transfer

12.15 The Client acknowledges and agrees that, in providing the Service, we engage Third-Party Service Providers as sub-processors, including hosting and server providers, database providers (such as Supabase / PostgreSQL), Third-Party AI Providers (such as DeepSeek, Qwen / Alibaba Cloud and Google Gemini) and transactional or notification email providers.

12.16 Such sub-processors operate under their own terms and may store, process or otherwise handle data, including End-Customer Personal Data, at locations outside Malaysia (which may include, for example, jurisdictions such as China, in the case of certain AI providers). The Client consents to the engagement of such sub-processors and to the transfer, storage and processing of such data outside Malaysia for the purpose of providing the Service.

12.17 The Client is responsible for ensuring that it has a lawful basis and all necessary consents under the PDPA for such cross-border transfer and sub-processing, and for issuing any related notices to End Customers.

12.18 We will make available, on request, a current list of sub-processors and the general categories of data they process and their locations, and we will give the Client reasonable notice (for example, via the Service or by email) before adding or replacing a sub-processor that processes End-Customer Personal Data.

12.19 Subject to clause 15, we are not responsible or liable for the acts, omissions, security practices or availability of any sub-processor, which are outside our control.

AI Training Position

12.20 Inputs and content submitted to the Service may be transmitted to Third-Party AI Providers and processed under their respective terms. We do not ourselves use End-Customer Personal Data to train our own artificial-intelligence models. The Client is responsible for ensuring that its End-Customer notices and consents cover such third-party processing.

Published Privacy Policy

12.21 We publish a privacy policy at https://bigbigred.com/privacy describing how personal data is handled within the Service, including the End-Customer Personal Data we process on the Client's behalf. The Client may refer or link to that policy in its own privacy notices, but it does not replace, and the Client remains responsible for, the Client's own notices, consents and other data-user obligations under this clause 12.

13. Retention, Deletion and Data After Expiry

13.1 The Service is not intended to operate as a system of record, archive or backup. Generated Content and certain records are retained only for short periods (for example, Generated Content for approximately seven (7) days, and complaint records and Generated Content accompanied by improvement feedback for approximately thirty (30) days), after which they may be automatically deleted.

13.2 On or at any time after the end of the Access Period, the Client's access to the Service ends, and we may deactivate, make inaccessible and permanently delete the Client's account, stored data and Generated Content, including End-Customer Personal Data, without further notice. We are under no obligation to retain, export or return any data or Generated Content after the Access Period ends. This clause is subject to any retention required by applicable law and to our deletion obligations as a data processor.

13.3 The Client is solely responsible for maintaining its own copies and backups of any data it requires, including by exporting such data before the end of the Access Period. Where the Service provides an export function, the Client may use it during the Access Period; any export assistance beyond standard functionality may be provided at our discretion and at the Client's cost. Subject to clause 15, and to the fullest extent permitted by law, we are not liable for any loss of, or inability to access, data resulting from such deletion or from the Client's failure to retain its own copies.

14. Intellectual Property and Generated Content

14.1 The Service and all software, source code, object code, prompts, models, algorithms, databases, designs, user interfaces, text, graphics, documentation and other materials comprising or relating to it, and all intellectual property rights in them, are and remain owned by us and our licensors. The names "BigBigRed", "BIGBIGRED DIGITAL SOLUTIONS", our logos and all related marks are our trade marks. No rights are granted to the Client except as expressly set out in these Terms.

14.2 Subject to the Client's compliance with these Terms and payment of the Fee, we grant the Client a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service for the Client's internal business purposes during the Access Period only. This right ends automatically on expiry or termination of the Access Period.

14.3 As between us and the Client, the Client may use the Generated Content for the Client's own lawful business purposes. We make no assignment of, and the Client obtains no exclusive ownership in, the Generated Content. To the extent any rights subsist in the Generated Content, we grant the Client only a non-exclusive licence to use it for the Client's lawful business purposes. The Client is solely responsible for the Generated Content and its use, publication and distribution, including for reviewing it before use and for ensuring it is accurate, genuine, lawful and compliant with all applicable Third-Party Platform terms and laws.

14.4 The Generated Content is produced by third-party artificial-intelligence systems. We do not warrant that the Generated Content is original, accurate, complete, non-infringing or unique. The Client acknowledges that the same or substantially similar Generated Content may be produced for, and used by, other clients and End Customers, and the Client obtains no right to prevent such use. We grant no warranty of title, originality or non-infringement in respect of the Generated Content.

14.5 The Client grants us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, display and otherwise use the Client's data, content, inputs, business information and other materials submitted to or through the Service, solely as necessary to provide, maintain, secure and improve the Service and to comply with law.

14.6 Unless the Client opts out by written notice to us (using the contact details in clause 24.6), the Client grants us a non-exclusive, royalty-free licence to use and display the Client's business name, logo and business description as a customer reference in our marketing materials, website and proposals. This licence is limited to factual identification of the Client as a customer (with no implication of any specific result, consistent with clause 11), does not extend to any End-Customer data, and is revocable by the Client at any time on written notice with prospective effect.

14.7 If the Client provides any suggestions, ideas, feedback or recommendations about the Service ("Feedback"), we may use and exploit the Feedback freely and without restriction, attribution, compensation or obligation of any kind, and the Client assigns to us all rights it may have in such Feedback.

15. Limitation of Liability

15.1 Every exclusion or limitation of our liability in these Terms is subject to this clause 15. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any other liability the exclusion or limitation of which is prohibited under applicable Malaysian law (including the Consumer Protection Act 1999).

15.2 Subject to clause 15.1, and to the fullest extent permitted by law, we, our licensors, suppliers, directors, officers, employees and agents will not be liable, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for any:

(a) indirect, incidental, special, consequential, punitive or exemplary loss or damage; or

(b) loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputation, loss of opportunity, loss of contracts, business interruption, or loss of, damage to or corruption of data,

in each case whether or not foreseeable and even if we have been advised of the possibility of such loss or damage.

15.3 Subject to clause 15.1, and to the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Service, the Generated Content, the Order and these Terms (whether in contract, tort (including negligence), breach of statutory duty, statute or otherwise) shall not exceed the lower of (a) the total Fee actually paid by the Client to us under the Order giving rise to the claim, and (b) Ringgit Malaysia Five Hundred (RM500). This is an aggregate cap on all claims taken together, and not a cap per claim or per event.

15.4 We have no liability for any loss or damage arising from: (a) any act, omission, content, decision, policy or action of any Third-Party Platform, including the removal, rejection, moderation, delisting, ranking down, reduced visibility, suspension, restriction or termination of the Client's account, content or business listing, as further provided in clause 6; (b) the Client's, any Authorised User's or any End Customer's use of, or inability to use, the Service or Generated Content; (c) any breach of Third-Party Platform terms or applicable law by the Client, its Authorised Users or End Customers; or (d) any matter for which the Client is responsible under these Terms. This clause is subject to clause 15.1.

15.5 The exclusions and limitations in this clause 15 apply to all claims, whatever the cause or basis of liability, and reflect a reasonable allocation of risk that is reflected in the Fee. Each provision of this clause 15 operates separately; if any is held unenforceable, the remaining provisions continue to apply.

15.6 The limitations and exclusions in this clause 15 apply only to our liability to the Client. They do not limit (a) the Client's obligation to pay the Fee or any other amount due to us; (b) the Client's indemnification obligations under these Terms; or (c) any amount the Client must reimburse us (including under clause 17.5). The Client's indemnity obligations are not subject to any cap.

15.7 To the fullest extent permitted by law, and subject to clause 15.1, any claim arising out of or in connection with the Service or these Terms must be commenced within twelve (12) months after the cause of action arises, failing which it is permanently barred.

16. Indemnification

16.1 To the fullest extent permitted by law, the Client will indemnify, defend and hold harmless us, our licensors, suppliers, directors, officers, employees and agents from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, fines, penalties, costs and expenses (including legal and professional costs and expenses on a solicitor-and-client (indemnity) basis, to the extent permitted by the applicable rules of court) arising out of or in connection with:

(a) the Client's, any Authorised User's or any End Customer's access to or use of the Service or the Generated Content;

(b) any content generated, submitted, published or distributed using the Service, including any claim that it is false, misleading, deceptive, not based on a genuine experience, defamatory, in breach of confidence, or infringing of any intellectual property, privacy, publicity or other right of any person;

(c) any breach by the Client, its Authorised Users or End Customers of these Terms, the applicable Order, any Third-Party Platform's terms or policies, or any applicable law;

(d) any breach of data-protection or privacy law in respect of End-Customer or other personal data, including any failure by the Client to obtain a lawful basis or consent, to issue privacy notices, or to handle data-subject requests, and including any regulatory fine or penalty imposed on us arising from the Client's PDPA non-compliance;

(e) any dispute between the Client and any End Customer, Authorised User or third party, including any dispute concerning a complaint, the loyalty program, or any point, voucher, reward or balance; and

(f) any third-party claim that Generated Content or any content posted using the Service is defamatory, infringing or unlawful, including our legal costs of defending any such claim even if ultimately unfounded.

16.2 In respect of any claim subject to this indemnity: (a) we will notify the Client of the claim without undue delay; (b) we may, at our option, either control the defence and settlement of the claim with counsel of our choice at the Client's cost, or require the Client to do so; and (c) the Client must not settle any claim in a manner that admits liability or fault on our part, or imposes any non-indemnified obligation on us, without our prior written consent. A failure to notify promptly does not relieve the Client of its obligations except to the extent the Client is materially prejudiced by the delay.

16.3 This indemnity survives the expiry or termination of the Access Period and these Terms.

17. Fees, Payment and Taxes

17.1 In consideration of the Fee, we grant the Client the right to access and use the Service for the Access Period, subject to these Terms.

17.2 The Fee is a single, one-time charge for the entire Access Period. It is payable in full and in advance. The Service is not a subscription, and no recurring, periodic or instalment charges apply, and no late-payment charges or interest arise, unless expressly stated otherwise in the Order.

17.3 Payment in full of the Fee is a condition of access. We are under no obligation to activate, provision or provide access to the Service until we have received payment of the Fee in full and in cleared funds. The Client must pay the Fee using the payment method and within any timeframe stated in the Order. All amounts are stated and payable in Malaysian Ringgit (MYR) unless the Order states otherwise.

17.4 Taxes. The Fee is exclusive of all applicable taxes, duties, levies and charges, including any sales and service tax (SST) or other indirect tax now or later imposed. The Client is responsible for and must bear all such taxes (other than taxes on our net income). Where we are required to collect or account for any such tax, it will be added to the Fee and payable by the Client.

17.5 Chargebacks and payment disputes. The Client must not initiate any chargeback, payment reversal or dispute in respect of any Fee properly due. If the Client initiates a chargeback or reversal, or if any payment is reversed, recalled or fails after access has been enabled, we may immediately suspend or terminate access without notice and without refund, and the Client must reimburse us on demand for the disputed amount together with any related fees, charges and reasonable costs (including administrative and legal costs) we incur. The Access Period does not pause during any such suspension. A wrongful chargeback is a material breach of these Terms.

18. Access Period, Renewal, Non-Refundable and Termination

Access Period

18.1 The Access Period is the fixed term stated in the Order (for example, one (1), two (2) or three (3) years). Access begins on activation of the Client's account (which occurs only after the Fee is received in full) and ends automatically at the end of the Access Period, without the need for any notice.

18.2 Continuity of access throughout the Access Period is subject to the Client's compliance with these Terms. We may suspend, restrict or terminate access for breach as set out in this clause 18, and any such suspension or termination does not extend the Access Period or entitle the Client to any refund or extension.

18.3 The Access Period does not pause, toll or extend by reason of the Client's non-use of the Service, any suspension arising from the Client's breach, or any service interruption outside our reasonable control (including any Force Majeure Event).

No Auto-Renewal

18.4 The Service does not auto-renew. Access ends automatically at the end of the Access Period and the Client is under no obligation to renew. Either party may decline to renew.

18.5 Any renewal or further term is at the parties' discretion and takes effect only if the parties agree a new Order. We are under no obligation to offer renewal. Pricing for any renewal or new term will be at our then-current rates and on terms determined at our discretion, and may differ from the Fee for the initial Access Period.

Non-Refundable

18.6 The Fee is fully earned on receipt and is non-refundable in whole and in part once paid. By way of example and without limitation, no refund, credit or set-off is due if the Client stops using the Service, uses only part of the available features or platforms, allows access to lapse or expire, or has access suspended, restricted or terminated for breach of these Terms.

18.7 The Client acknowledges that the Fee reflects the one-time, prepaid, fixed-term nature of the Service and has been priced accordingly.

18.8 The non-refundable nature of the Fee applies to any cessation of access caused by the Client (including non-use, lapse, or suspension or termination for the Client's breach), and to any change, suspension or discontinuation of, or action by, any Third-Party Platform or Third-Party Service Provider, or any Force Majeure Event.

18.9 If, however, we permanently discontinue the Service in its entirety (other than for the Client's breach, a Force Majeure Event, or a cause attributable to a third party outside our control) before the end of the Access Period, our sole liability and the Client's sole remedy is, at our option, a pro-rata refund of the Fee for the unexpired portion of the Access Period, or the provision of a materially equivalent replacement service. This reflects a fair allocation appropriate to the prepaid nature of the Fee and does not give rise to any further claim. The discontinuation of a single feature or add-on (as distinct from the entire Service) does not trigger this clause.

18.10 This Non-Refundable part of clause 18 applies to the fullest extent permitted by law and does not exclude or limit any refund or remedy that cannot lawfully be excluded under applicable Malaysian law.

Suspension and Termination

18.11 We may suspend, restrict or terminate the Client's access to the Service (or any account or Authorised User) immediately and without liability where: (a) the Client breaches these Terms, the applicable Order or any acceptable-use restriction, including by generating non-genuine, misleading, unlawful or infringing content; (b) we reasonably suspect such a breach or any unlawful, fraudulent or harmful use; (c) required by law, regulation or a Third-Party Platform; or (d) necessary to protect the Service, our systems, other users or any third party.

18.12 On expiry or termination of the Access Period for any reason: (a) all rights and licences granted to the Client under these Terms end immediately and the Client must cease all use of the Service; (b) we may disable and delete the Client's account, data and Generated Content in accordance with clause 13 and applicable law; and (c) the Client remains liable for all amounts due in respect of the period before termination.

18.13 Save as expressly provided in clause 18.9, the Fee is non-refundable, and no refund, credit or other compensation is payable on any expiry or termination, including any termination by us for the Client's breach. This applies to the fullest extent permitted by law and does not exclude or limit any refund or remedy that cannot lawfully be excluded under applicable Malaysian law.

19. Confidentiality

19.1 "Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is identified as confidential or that would reasonably be understood to be confidential given its nature or the circumstances of disclosure.

19.2 The Receiving Party will: (a) use the Disclosing Party's Confidential Information only for the purpose of performing or exercising its rights and obligations under these Terms; and (b) protect it using at least the same degree of care it uses for its own confidential information of a similar nature, and in any event no less than a reasonable degree of care.

19.3 Confidential Information does not include information that: (a) is or becomes publicly available other than through breach of these Terms; (b) was lawfully known to the Receiving Party without an obligation of confidentiality before disclosure; (c) is lawfully received from a third party without restriction; or (d) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

19.4 The Receiving Party may disclose Confidential Information to the extent required by law, court order or regulatory authority, provided that, where lawfully permitted, it gives the Disclosing Party reasonable prior notice.

19.5 The confidentiality obligations in this clause 19 continue for the Access Period and for three (3) years thereafter, except that obligations in respect of Personal Data and trade secrets continue for so long as the information remains confidential or as required by law. These obligations are in addition to, and do not limit, the parties' respective obligations in respect of End-Customer Personal Data under clause 12 and applicable law.

20. Account Security

20.1 The Client is responsible for maintaining the confidentiality and security of all login credentials for its account and for those of its Authorised Users (including branch sub-account logins), and for all activity that occurs under its account or any Authorised User account, whether or not authorised by the Client.

20.2 The Client must ensure that credentials are not shared with or disclosed to any unauthorised person, and that each Authorised User complies with these Terms.

20.3 The Client must notify us promptly, using the contact details in clause 24.6, on becoming aware of any actual or suspected unauthorised use of, or compromise of credentials for, its account or any Authorised User account. Subject to clause 15, and to the fullest extent permitted by law, we are not liable for any loss arising from any unauthorised access to or use of the Client's account where the Client has not safeguarded its credentials.

21. Acceptable Use; Prohibited Conduct

21.1 The Client must use, and ensure that its Authorised Users and End Customers use, the Service only for lawful purposes and in accordance with these Terms, the applicable Order, all applicable laws and the terms, policies and guidelines of each Third-Party Platform on or for which the Service is used.

21.2 The Client must not, and must not permit or enable any Authorised User, End Customer or other person to, use the Service to generate, draft, submit, publish or distribute any content that:

(a) is false, inaccurate, misleading or deceptive, or that does not reflect a genuine End Customer and that End Customer's own genuine and honest experience of the Client's business;

(b) is unlawful, defamatory, harassing, threatening, obscene, hateful, infringing of any intellectual property, privacy or other right, or otherwise objectionable; or

(c) breaches the terms, policies or guidelines of any Third-Party Platform or any applicable law.

21.3 The Client must not use the Service in respect of any business, premises, brand or listing that the Client does not own or lawfully operate, and must not impersonate any person or misrepresent its affiliation with any person or business.

21.4 The Client must not, and must not permit any other person to:

(a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive or access the source code, prompts, models or underlying structure of the Service, except to the extent this restriction is expressly prohibited by applicable law;

(b) scrape, harvest, crawl, data-mine or extract data from the Service by automated or other means;

(c) rent, lease, lend, sell, resell, sublicense, distribute, host or otherwise make the Service available to, or use it for the benefit of, any third party except as expressly permitted by the Order;

(d) share, transfer or disclose any login credentials, or permit access to the Service by any person other than the Client and its Authorised Users;

(e) exceed, circumvent, disable or interfere with any usage limit, access control, security feature, tier restriction or other limitation of the Service;

(f) introduce any virus, malware or other harmful code, or otherwise interfere with, disrupt, overload, attack or impair the integrity, security or performance of the Service or any server, network or system used to provide it; or

(g) use the Service in any manner that could damage, disable or impair the Service or interfere with any other party's use of it.

21.5 We may (but are not obliged to) monitor use of the Service and investigate any suspected breach of this clause 21, and may remove or disable access to any content or account in connection with any actual or suspected breach.

22. Service Availability, Changes and Discontinuation

22.1 We may, at any time and at our discretion, modify, update, enhance, suspend, withdraw, schedule maintenance for, or discontinue the Service or any feature, plan, tier or part of it (including the platforms supported and the availability of any add-on such as the loyalty program, complaints capture or review-reply feature), in whole or in part, with or without notice.

22.2 We will use reasonable efforts to limit undue disruption and, where reasonably practicable, to give notice of significant planned changes or maintenance. However, subject to clause 15, and to the fullest extent permitted by law, we accept no liability for any unavailability, interruption, downtime, modification, suspension, withdrawal or discontinuation of the Service or any feature, or for any loss arising from it.

22.3 The Service may be temporarily unavailable due to maintenance, upgrades, third-party failures, telecommunications or internet faults, or other causes within or outside our control. Subject to clause 18.9, no such unavailability entitles the Client to any refund, credit, extension or compensation. This applies to the fullest extent permitted by law and does not exclude or limit any refund or remedy that cannot lawfully be excluded under applicable Malaysian law.

23. Force Majeure

23.1 We will not be liable or in default for any delay or failure to perform any obligation under these Terms to the extent caused by any event or circumstance beyond our reasonable control (a "Force Majeure Event"), including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, change of law, strikes or labour disputes, failure or unavailability of power, telecommunications, internet, hosting, database, AI model or other third-party services, cyber-attacks, and any failure of suppliers or sub-processors.

23.2 We will use reasonable efforts to notify the Client of a Force Majeure Event that materially affects the Service and to resume performance as soon as reasonably practicable. A Force Majeure Event does not entitle the Client to any refund, credit, compensation or extension of the Access Period.

23.3 If a Force Majeure Event continues for a prolonged period, we may suspend or terminate the affected part of the Service without liability.

24. No Warranty and General Provisions

No Warranty; "As Is"

24.1 To the fullest extent permitted by law, the Service and the Generated Content are provided on an "as is" and "as available" basis, with all faults and without warranties or conditions of any kind, whether express, implied, statutory or otherwise. To the fullest extent permitted by law, we, on our own behalf and on behalf of our licensors and suppliers, expressly disclaim all warranties and conditions, whether express or implied, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. Without limiting the foregoing, we do not warrant that: (a) the Service or Generated Content will meet the Client's requirements or expectations; (b) the Service will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components; (c) any errors or defects will be corrected; or (d) the Generated Content will be accurate, reliable, genuine, lawful, complete or fit for any purpose. This clause is subject to clause 15.1.

Compliance with Laws; Anti-Bribery

24.2 Each party will comply with all applicable laws in connection with these Terms. The Client represents, warrants and undertakes that it has not and will not, in connection with these Terms or the Service, engage in any activity that would constitute an offence under the Malaysian Anti-Corruption Commission Act 2009 (including section 17A) or any other applicable anti-bribery, anti-corruption, sanctions or anti-money-laundering law, and that it will maintain adequate procedures to prevent such conduct. The Client acknowledges that the availability of certain Third-Party Service Providers may be restricted by applicable law, sanctions or export controls outside our control.

Amendments

24.3 We may update or modify these Terms from time to time. As provided in clause 2.6, the version of these Terms referenced at the time of the Client's Order governs that Order for its Access Period; amended Terms apply only on renewal or to a new Order. Notwithstanding the foregoing, we may make operational or non-material changes, or changes required by law, during the Access Period, and we will make the current version available and, where reasonably practicable, notify the Client of material changes (for example, by email or via the Service).

Assignment

24.4 We may assign, novate, transfer, sub-contract or otherwise deal with any or all of our rights and obligations under these Terms without the Client's consent. The Client may not assign, transfer, sub-license or otherwise deal with any of its rights or obligations under these Terms without our prior written consent.

Severability, Waiver and Entire Agreement

24.5 If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable or, if it cannot be so modified, severed, and the remaining provisions continue in full force and effect. No failure or delay by us in exercising any right or remedy operates as a waiver of it, and no single or partial exercise of any right or remedy prevents any further exercise of it or of any other right or remedy; a waiver is only effective if given in writing. These Terms, together with the applicable Order and any document expressly referenced in them, constitute the entire agreement between the parties in respect of the Service and supersede all prior agreements, representations, understandings and communications. The Client confirms that it has not relied on any statement or representation not expressly set out in these Terms.

Notices

24.6 Notices to us may be given via WhatsApp to +60 11-1100 8325 or by email to the address we notify to the Client for this purpose. Notices to the Client may be given by email, via the Service, or to the contact details in the Order. WhatsApp may be used for routine operational communications; however, any notice of breach, termination, data incident or legal dispute must also be sent by email. A notice is deemed received: if by email, at the time of sending (absent a bounce-back or delivery-failure message); and if by WhatsApp, when delivered. The parties consent to receiving communications electronically and agree that electronic communications satisfy any legal requirement that communications be in writing.

Relationship of the Parties and Third Parties

24.7 The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between them, and neither party may bind the other or hold itself out as having authority to do so.

24.8 Consistent with the doctrine of privity of contract under Malaysian law, a person who is not a party to these Terms has no right to enforce any of their provisions. The Client agrees that it will not bring any claim against our licensors, suppliers, directors, officers, employees or agents in respect of any matter arising out of or in connection with these Terms or the Service, and the Client acknowledges that we hold the benefit of the exclusions, limitations and indemnities in these Terms on behalf of, and for the benefit of, those persons.

Survival

24.9 Any provision which by its nature should survive expiry or termination will survive, including (without limitation) the provisions on: AI-Generated Content (clause 5); third-party platforms and third-party service providers, including the third-party platform exclusions (clause 6); genuine-experience and platform-compliance responsibility (clause 7); the complaints feature (clause 8); the loyalty program (clause 9); no guaranteed results (clause 11); data protection, retention and deletion (clauses 12 and 13); intellectual property and the Feedback assignment (clause 14); limitation of liability and the contractual time-bar (clause 15); indemnification (clause 16); accrued payment, reimbursement and chargeback obligations and any pro-rata refund mechanic (clauses 17 and 18); confidentiality (clause 19); account security (clause 20); acceptable use (clause 21); and governing law and jurisdiction (clause 24.11).

Dispute Resolution

24.10 Before commencing any proceedings, the parties will first attempt in good faith to resolve any dispute arising out of or in connection with these Terms or the Service within thirty (30) days of one party notifying the other (using the notice channels in clause 24.6). If the dispute is not resolved within that period, either party may, at its election, refer the dispute to arbitration administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, conducted in the English language before a single arbitrator in accordance with the AIAC Arbitration Rules, or pursue the dispute in the courts of Malaysia in accordance with clause 24.11. This clause does not prevent either party from seeking urgent injunctive or interim relief from a court.

Governing Law and Jurisdiction; Contact

24.11 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of Malaysia. Subject to clause 24.10, the parties submit to the exclusive jurisdiction of the courts of Malaysia.

24.12 Questions and notices concerning these Terms or the Service may be directed to BIGBIGRED DIGITAL SOLUTIONS via WhatsApp at +60 11-1100 8325 or by email to the address we notify to the Client.