Terms of Service

1) Acceptance of Terms

By accessing or using KlerkIt, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are using KlerkIt on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use the Service.

2) Eligibility

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account and use KlerkIt. You may not use the Service if:

• you are prohibited from doing so under applicable law; or
• your account has been previously suspended or terminated by us.

3) Accounts & Security

• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You agree to notify us immediately at [email protected] if you suspect any unauthorised access or use of your account.
• We reserve the right to suspend or restrict access to your account if we reasonably believe it is necessary to protect you, other users, or the integrity of the Service (for example, in cases of suspected fraud, abuse, or security risks).

4) Acceptable Use

You agree that you will not use KlerkIt to:

• Upload, process, or store any unlawful, defamatory, fraudulent, or infringing content.
• Violate any applicable laws, regulations, or third-party rights.
• Probe, scan, or test the vulnerability of our systems or networks.
• Attempt to bypass, impair, or disrupt any security or authentication measures.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of KlerkIt, except to the extent such restriction is prohibited by law.
• Use the Service to send unsolicited marketing messages, spam, or harmful content.
• Resell, lease, or provide the Service to third parties as a service bureau unless expressly authorised in writing.

We may investigate and take appropriate action (including suspension or termination) if we believe you have violated this section.

5) Service Availability & Changes

We aim to provide a reliable and high-availability Service, but we do not guarantee that KlerkIt will be uninterrupted, timely, secure, or error-free.

• We may modify, suspend, or discontinue features, modules, or integrations (including beta or experimental features) with or without notice, provided that we will use reasonable efforts not to materially degrade the core functionality of your paid plan during an active subscription term.
• From time to time, we may perform maintenance that temporarily affects availability. Where practicable, we will schedule such maintenance outside of peak hours.

6) Plans, Pricing & Payment

• KlerkIt may offer different subscription tiers (for example, Starter, Compliance, and Compliance+). The specific features and pricing for each plan are described on our website or in-app and may be updated from time to time.
• Unless stated otherwise, subscriptions are billed in advance on a recurring basis (e.g. monthly) and will renew automatically unless cancelled before the next billing date.
• Payments are processed through secure third-party payment gateways. We do not store full card numbers or sensitive payment instrument details on our own servers.
• You authorise us and our payment processor to charge your selected payment method for subscription fees and any usage-based or add-on charges, plus applicable taxes where required by law.
• Any refunds are subject to our refund policy (if any) as communicated on our website or in the billing portal. Unless required by law, fees are generally non-refundable.

7) Intellectual Property

All rights, title, and interest in and to KlerkIt — including its software, user interface, designs, logos, text, and other content — are owned by Gainensoft Sdn Bhd or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your subscription term in accordance with these Terms.

You retain ownership of the documents, data, and content you upload or process through KlerkIt (“Your Data”). You grant us a limited licence to host, process, and display Your Data solely as necessary to operate and improve the Service and to comply with applicable law.

8) Data, Privacy & Backups

Your use of KlerkIt is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data.

• You are responsible for the accuracy, quality, and legality of Your Data and for obtaining any necessary consents from your customers, suppliers, or other data subjects.
• We implement reasonable technical and organisational measures to protect Your Data; however, you acknowledge that no system is completely secure.
• We may retain backup copies and logs for a limited period for business continuity, security, and compliance purposes as described in our Privacy Policy.
• Upon termination or cancellation, you may export Your Data within a reasonable period (typically 30 days), after which we may delete or anonymise it, subject to our legal obligations to retain certain records.
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9) AI, Automation & No Professional Advice

KlerkIt uses AI, OCR, and automated rules to assist with data extraction, classification, and e-Invoice–related workflows. While we strive for high accuracy, you understand and agree that:

• AI and automation outputs are provided on an “as-is” basis for your review and decision-making, and may contain errors, omissions, or misclassifications.
• KlerkIt does not provide accounting, tax, legal, or other professional advice. Any insights or suggestions generated by the Service are informational only and do not replace professional judgment.
• You and/or your appointed professionals remain fully responsible for reviewing, approving, and submitting any accounting entries, e-Invoices, or tax filings to authorities such as LHDN or other regulators.

10) Your Compliance Responsibilities

You are solely responsible for ensuring that your use of KlerkIt complies with all applicable laws, regulations, and requirements in your jurisdiction, including but not limited to:

• Tax laws and guidelines issued by LHDN or other tax authorities;
• e-Invoice rules, formats, and submission deadlines;
• Any sector-specific or industry compliance obligations.

We do not guarantee that use of KlerkIt will result in compliance with any particular law or regulation, and we are not liable for penalties, fines, or losses arising from your failure to comply.

11) Suspension & Termination

• You may cancel your subscription at any time through your account settings or by contacting us, subject to the billing terms above.
• We may suspend or terminate your access to the Service (in whole or in part) if you materially breach these Terms, misuse the Service, fail to pay fees when due, or if we are required to do so by law or a competent authority.
• Upon termination, your right to use the Service will cease. We will provide a reasonable grace period (typically 30 days) for you to export Your Data, unless immediate termination is required by law or necessary to prevent harm.

12) Disclaimer & Limitation of Liability

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the extent permitted by law, in no event shall Gainensoft Sdn Bhd be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

Where liability cannot be excluded, our total aggregate liability arising out of or relating to the Service and these Terms shall be limited to the amount you have paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

13) Indemnity

You agree to indemnify, defend, and hold harmless Gainensoft Sdn Bhd, its directors, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or third-party rights.

14) Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia.

15) Changes to Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. If we make material changes, we may provide additional notice (for example, via email or in-app notification). Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of them.