Terms of Service

Agreement

By accessing or using https://klicktify.com and any services, software, APIs, dashboards, or applications provided by Klicktify Sdn Bhd (Company Registration No. 202601000123 (1456789-X)) ("Klicktify", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"), our Acceptable Use Policy (/legal/acceptable-use), and our Privacy Policy (/legal/privacy). If you do not agree to these Terms, do not use the service.

Amendments

We may amend these Terms at any time by posting the updated version on this page with a revised "Last Updated" date. Material changes will be communicated by email to registered account holders or through a notice in the platform. Your continued use of the service after any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

Priority of Documents

If there is a conflict between these Terms and any other document referenced herein, these Terms prevail unless the other document expressly states otherwise. The Data Processing Agreement (/legal/dpa) governs the processing of Member data by Merchants and takes precedence over these Terms with respect to data processing matters.

Minimum Requirements

To create a Klicktify account, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding contract; (c) not be prohibited from using the service under the laws of Malaysia; and (d) provide accurate, complete, and current information at all times.

Account Types

Klicktify offers two distinct account types:

• Merchant Account: a café or business owner account used to create and manage a loyalty programme, view member analytics, and administer rewards. Merchants are authenticated using NextAuth.
• Member Account: a loyalty programme participant account used to earn points, view tier status, and redeem rewards at Merchants. Members are authenticated using a separate member authentication session.

One individual may hold both a Merchant account and a Member account. These are separate accounts with separate credentials and sessions.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@klicktify.com if you become aware of any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials.

Klicktify as a Technology Provider

Klicktify is a technology platform. We provide the infrastructure, software, QR check-in system, points engine, tier management, and reward redemption tools that enable a Merchant to operate a loyalty programme. Klicktify is not a party to the commercial relationship between a Merchant and a Member. Specifically:

• Klicktify does not set the reward values, redemption thresholds, or terms of any individual Merchant's loyalty programme. Those are determined by each Merchant.
• Klicktify does not guarantee that a Member will receive a particular reward or that a reward will be available at any given time.
• Klicktify is not responsible for a Merchant's acts or omissions, including a Merchant's decision to close its programme, modify its reward catalogue, or fail to honour a redemption.
• Disputes between a Member and a Merchant regarding rewards, quality of service, or programme terms are a matter between those two parties.

Merchants' Own Obligations

Each Merchant is solely responsible for: (a) the accuracy and legality of the content it publishes on the platform; (b) ensuring its loyalty programme complies with all applicable Malaysian laws, including consumer protection and fair-trading laws; (c) the offers, rewards, and promotions it makes to Members; (d) the personal data it processes about its Members; and (e) the accuracy of any tax receipts or invoices issued to Members.

Account Registration and Verification

Merchants must provide accurate business information at registration, including a valid business registration number, and must promptly update their profile if information changes. We reserve the right to suspend or terminate accounts where the provided information is materially false or misleading.

Loyalty Programme Compliance

Each Merchant is responsible for ensuring its loyalty programme complies with the Malaysian Consumer Protection Act 1999, the Trade Descriptions Act 1972, the PDPA 2010, and any other applicable Malaysian law. This includes ensuring that advertised rewards and offers are genuine and available, that points earned are honoured in accordance with the programme's stated rules, and that any advertising of the loyalty programme is not misleading.

QR Code Management

The Merchant is responsible for securely displaying QR codes at its venue and ensuring that QR codes are not tampered with or misused. The Merchant must immediately report any suspected fraud, tampering, or misuse of QR codes to security@klicktify.com.

Member Data Handling

Merchants who access Member personal data through the Klicktify platform do so as independent data controllers. Each Merchant must comply with its own obligations under the PDPA with respect to the personal data of its Members, including maintaining appropriate security measures, limiting access to authorised staff, and not using Member data for purposes incompatible with the loyalty programme without the Member's consent. See also the Data Processing Agreement at /legal/dpa.

Accurate Information

Members must provide accurate and complete information when joining a Merchant's loyalty programme and must promptly update their profile if that information changes.

QR Code and Account Use

Members must use their own Klicktify account and QR code for personal loyalty transactions. Sharing your QR code with others, using another Member's account, or attempting to generate fraudulent check-ins is a violation of these Terms and the Acceptable Use Policy at /legal/acceptable-use and may result in immediate account suspension or termination and forfeiture of points.

Redemption Integrity

Members must redeem rewards in good faith. Attempting to manipulate the redemption system, redeem fraudulent rewards, or collude with Merchant staff to obtain rewards dishonestly is prohibited and may result in account termination and legal action.

Prohibited Conduct

You must not use Klicktify to:

• Violate any applicable Malaysian or international law or regulation.
• Infringe the intellectual property rights of Klicktify, other users, or any third party.
• Collect, harvest, or scrape Member or Merchant data from the platform without authorisation.
• Use automated bots, scripts, or other software to interact with the QR check-in or reward redemption system.
• Share, transfer, or sell your account access or QR code to others.
• Take screenshots or copies of QR codes for use by persons who are not the legitimate account holder.
• Attempt to reverse-engineer, decompile, or disassemble the Klicktify platform or software.
• Introduce malware, viruses, or other harmful code into the platform.
• Attempt to gain unauthorised access to other users' accounts, Klicktify's systems, or any third-party systems.
• Use the platform to facilitate fraud, money laundering, or terrorist financing.
• Harass, defame, or intimidate other users.
• Obstruct or interfere with the operation of the platform or its associated services.

Acceptable Use Policy

The full Acceptable Use Policy is available at /legal/acceptable-use and forms part of these Terms by reference. Violation of the Acceptable Use Policy may result in warnings, temporary suspension, permanent account termination, and referral to law enforcement authorities.

Nature of Points

Points earned through Klicktify's loyalty platform ("Points") are virtual credits issued by each Merchant as part of its individual loyalty programme. Points are not currency, are not legal tender, have no cash value, and are not the property of the Member. Points do not constitute a financial instrument, a stored value, or a payment instrument under any applicable law. Klicktify does not hold points on behalf of Members or Merchants and does not guarantee any monetary value for points.

Points Programme Rules

Each Merchant sets its own rules for how points are earned and redeemed, including:

• The points value assigned to each purchase or check-in.
• The minimum and maximum points per transaction.
• Tier thresholds and associated benefits.
• Reward catalogue and redemption requirements.
• Points expiry policies (if any).

Klicktify is not a party to these rules and is not responsible for their content or enforcement. Questions about a Merchant's points rules should be directed to the Merchant.

Points Expiry

Points may expire in accordance with the Merchant's programme rules. If a Merchant's programme specifies a points expiry period (for example, 12 months of inactivity), the Member's points will be subject to that expiry. Klicktify will process the Merchant's expiry rules as instructed by the Merchant but accepts no responsibility for the fairness or legality of a Merchant's expiry policy. Merchants are encouraged to comply with the PDPA and applicable consumer protection laws when setting expiry terms.

Points Transfers

Points earned at one Merchant cannot be transferred to another Merchant's programme, cannot be exchanged between Members, and cannot be converted to cash or any other monetary value through Klicktify.

Tiers

Klicktify supports a bronze, silver, gold, and ruby tier system. The tier a Member achieves is calculated by the points engine based on accumulated points at each Merchant's programme. Tier benefits are determined by the Merchant. Klicktify does not guarantee any specific tier benefits and is not responsible for a Merchant's tier programme.

Available Plans

Klicktify offers the following subscription plans for Merchant accounts:

Free Plan

The Free plan is free for your first 10 members. No credit card is required. Members beyond 10 will prompt you to upgrade; exceeding the plan limit significantly may result in temporary restrictions until you upgrade or reduce your member count.

Billing and Renewals

Paid plans (Growth and Scale) are billed monthly in advance. Payments are processed by Stripe. Your subscription will automatically renew at the start of each billing cycle unless you cancel before the renewal date.

Upgrades

Upgrades take effect immediately. You will be charged a prorated amount for the remainder of the current billing period, and the full new plan fee from the next billing cycle.

Downgrades

Downgrades take effect at the end of the current billing period. If your current member count or feature usage exceeds the limits of the lower plan, you may need to reduce usage before the downgrade takes effect.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to your current plan's features until the end of the billing period. After cancellation, your account will revert to the Free plan. You will not receive a refund for any unused portion of the billing period.

Refunds

Except as required by applicable law, all fees are non-refundable. If you believe you have been charged in error, please contact billing@klicktify.com within 30 days of the charge. We will investigate and, where a genuine billing error is found, issue a correction.

Fee Changes

We may change the fees for any plan at any time. For changes to the fees for a paid plan, we will provide at least 30 days' notice by email or through the platform before the change takes effect. The changed fees will apply from the next billing cycle after the notice period. If you do not agree to the new fees, you may cancel your subscription before the next billing cycle.

Late Payment

If a payment fails, we will notify you and attempt to retry the payment. If the payment is not received within 7 days of the due date, we may suspend your account and restrict access to paid features. We reserve the right to charge a reasonable fee for failed payment recovery.

Suspension by Klicktify

We may suspend your account without prior notice if: (a) we reasonably believe your account has been compromised or is being used for fraudulent activity; (b) you are in material breach of these Terms or the Acceptable Use Policy; (c) your subscription payment is overdue; or (d) we are required to do so by law or a regulatory authority. Suspension means loss of access to the platform but not necessarily deletion of your data.

Termination by Klicktify

We may terminate your account if: (a) you commit a serious or repeated breach of these Terms; (b) you engage in conduct that causes reputational harm to Klicktify or other users; (c) we are required to do so by law; or (d) the platform service is discontinued. Termination results in permanent loss of access to the platform.

Termination by You

You may terminate your account at any time by contacting support@klicktify.com or through your account settings. Cancellation of a paid subscription does not automatically delete your account; you must separately request account deletion. Upon termination, your account data will be retained and deleted in accordance with our Privacy Policy.

Effect of Termination on Points

Upon termination of your account, any points balance in your account may be forfeited at our sole discretion, except as required by applicable law. Members whose Merchant's programme is terminated should contact the Merchant directly regarding any outstanding points or rewards.

Platform Provided As-Is

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, KLICKTIFY PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE.

No Liability for Merchant Programmes

KLICKTIFY IS NOT LIABLE FOR: (A) THE ACTS OR OMISSIONS OF ANY MERCHANT, INCLUDING A MERCHANT'S DECISION TO MODIFY, SUSPEND, OR DISCONTINUE ITS LOYALTY PROGRAMME; (B) THE QUALITY, SAFETY, OR LEGALITY OF ANY GOODS OR SERVICES OFFERED BY A MERCHANT; (C) THE ACCURACY OF ANY INFORMATION PROVIDED BY A MERCHANT; OR (D) ANY DISPUTE BETWEEN A MEMBER AND A MERCHANT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MALAYSIAN LAW, KLICKTIFY SHALL NOT BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES; OR (C) DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM. IN ANY CASE, KLICKTIFY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KLICKTIFY IN THE 12 MONTHS PRECEDING THE CLAIM.

Exceptions

The limitations in this section do not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of obligations implied by the Sale of Goods Act 1957 or analogous legislation; or (d) any other liability that cannot be limited or excluded by law.

Your Indemnity to Klicktify

You agree to indemnify, defend, and hold harmless Klicktify, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including legal fees), and expenses arising from: (a) your breach of these Terms or the Acceptable Use Policy; (b) your use of the platform in a manner not authorised by these Terms; (c) any claim by a third party arising from your Merchant programme, your products or services, or your interactions with Members; or (d) your violation of any applicable law.

Klicktify's IP

All intellectual property rights in the Klicktify platform, including the software, design, logos, trademarks, QR code generation technology, points engine, and documentation, are owned by Klicktify or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the platform without Klicktify's prior written consent.

Merchant Content

Merchants retain ownership of all content they upload to the platform, including logos, café images, menu items, reward descriptions, and promotional materials. By uploading content, you grant Klicktify a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, and display that content solely for the purpose of providing the platform service.

Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia for all disputes arising out of or in connection with these Terms, without prejudice to Klicktify's right to seek injunctive or other equitable relief in any jurisdiction.

Negotiated Resolution

Before commencing any litigation, the parties agree to attempt to resolve any dispute through good-faith negotiation. A party wishing to initiate the negotiation process must send a written notice describing the dispute to legal@klicktify.com. The other party must respond within 14 business days. If the dispute is not resolved within 30 days of the initial notice, either party may proceed to litigation.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Klicktify's prior written consent. Klicktify may assign these Terms in connection with a corporate restructuring, merger, acquisition, or sale of all or substantially all of its assets.

Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, Cookie Policy, Data Processing Agreement, and any plan-specific terms, constitute the entire agreement between you and Klicktify with respect to the subject matter hereof and supersede all prior and contemporaneous communications and proposals.

Waiver

The failure of Klicktify to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Questions About These Terms

If you have any questions about these Terms of Service, please contact us at legal@klicktify.com.