Terms & Conditions

Terms & Conditions

Our website address is:  https://proapp.my/

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are:
email address, first name, last name, gender, date of birth, phone number, company name, address, country, state, ZIP/Postal code, various types of Data, website, Cookies and Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.

All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Mode and place of processing the Data

Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

The use of the collected Data

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes:
Contacting the User and Analytics.

The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Additional information about Data collection and processing

Legal action

The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User’s Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

This Application does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

It incorporates standard commercial contracting provisions, references relevant Malaysian laws (such as the Personal Data Protection Act 2010 and the Contracts Act 1950), and defines typical service engagement rules (scope, revisions, intellectual property, hosting, warranties, and payments).


TERMS AND CONDITIONS

Last Updated: [10 October 2026]

Welcome to [PROAPP.MY – AGUNG LEGACY] (“Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at https://proapp.my (the “Site”) and the custom web application, software design, and development services we provide (collectively, the “Services”).

By accessing our Site, requesting a quotation, or engaging our Services, you (“Client”, “you”, or “your”) agree to be legally bound by these Terms. If you are entering into these Terms on behalf of a company, partnership, or other legal entity, you represent that you have the legal authority to bind that entity.

1. Definitions & Interpretation

* “Agreement” refers to these Terms, along with any accepted Project Proposal, Scope of Work (SOW), Quotation, Service Level Agreement (SLA), or formal contract executed between the parties.

* “Deliverables” means the custom code, web application features, user interfaces, database architecture, designs, documentation, or other items agreed to be provided under a specific project scope.

* “Intellectual Property (IP) Rights” means all patents, copyrights, design rights, trademarks, trade secrets, know-how, and proprietary technical concepts.

* “Client Materials” means any text, media, assets, APIs, access credentials, logos, branding, or proprietary data supplied by the Client for incorporation into or use with the Deliverables.

* “Third-Party Services” includes third-party software, libraries, APIs, plugins, cloud hosting providers, code repositories, or payment gateways.

2. Scope of Services & Project Proposals

* Project Initiation: Before beginning work, we will issue a formal Quotation or Statement of Work (SOW) outlining project objectives, features, milestones, deliverables, timelines, and costs.

* Acceptance: Work commences only upon formal written acceptance (including digital approval or confirmation via email) of the SOW/Quotation and receipt of the required initial deposit.

* Change Requests / Scope Creep: Any request for modifications, additions, or integrations outside the approved SOW will be evaluated as a “Change Request.” Additional features will incur extra fees and may adjust the delivery schedule. Work on change requests will only proceed following written approval of the revised cost and timeline.

3. Client Responsibilities & Cooperation

To ensure timely delivery, the Client agrees to:

* Provide necessary project content, assets, API keys, brand guidelines, and technical access promptly upon request.

* Appoint a single primary point of contact authorized to make binding project decisions and provide approvals.

* Review deliverables and provide structured feedback within the agreed review window (typically within 5 to 7 business days of milestone delivery).

* Ensure that all Client Materials supplied do not infringe on any third-party copyrights, trademarks, or local laws.

Note: Delays resulting from the Client’s failure to provide assets, credentials, or timely milestone approvals may result in project schedule adjustments and potential rescheduling fees.

4. Fees, Invoicing & Payment Terms

* Currency & Taxes: All fees are quoted in Malaysian Ringgit (MYR) unless expressly stated otherwise. Invoices may be subject to applicable taxes (such as Malaysian Sales and Service Tax / SST) as required by prevailing Malaysian tax law.

* Payment Milestone: The development of a project will be billed according to the specified milestones or (a minimum of 50% initial deposit for the development process, 50% upon project completion prior to handover, along with the transfer of source code).

* Payment Due Date: Invoices are due within [7 days] of issuance.

* Late Payments: Overdue balances may incur late interest at the rate of 1.5% per month (or the maximum permitted by Malaysian law) calculated daily from the due date until full payment is received. We reserve the right to pause active development or suspend access to staging environments until overdue payments are cleared.

* Non-Refundable Deposits: Initial deposits cover upfront planning, wireframing, and resource allocation, and are strictly non-refundable once project kickoff has commenced.

5. Review, Testing & Acceptance

* User Acceptance Testing (UAT): Upon milestone completion or project conclusion, we will make the web application available on a staging environment for testing.

* Acceptance Window: The Client will have [e.g., 10 business days] from deployment to staging to test the application against the specifications in the SOW and report any reproducible bugs or discrepancies in writing.

* Deemed Acceptance: If no written bug report or rejection is received within the acceptance window, or if the Client deploys the web application into a live production environment or exposes it to end users, the Deliverables are deemed fully accepted.

6. Intellectual Property & Ownership

* Final Deliverables: Subject to full and final payment of all outstanding invoices, the Company assigns to the Client all copyright and ownership rights in the bespoke, custom code and user interface developed specifically for the project.

* Company Pre-Existing IP / Frameworks: The Company retains all rights and ownership in its proprietary developer tools, foundational boilerplate libraries, reusable utility modules, starter kits, and general knowledge (“Background IP”). The Company grants the Client a perpetual, worldwide, non-exclusive, royalty-free license to use such Background IP solely as integrated within the finished web application.

* Open-Source & Third-Party Assets: Third-party libraries, frameworks, open-source packages (e.g., React, Laravel, Node.js packages), and commercial plugins remain governed by their respective licenses (e.g., MIT, Apache, GNU, or commercial vendor licenses).

* Portfolio Rights: Unless bound by a separate non-disclosure agreement (NDA), we reserve the right to reference the project, display visual mockups, and state our role in our professional portfolio, website, and promotional case studies.

7. Hosting, Deployment & Third-Party Dependencies

* Infrastructure: Unless explicit maintenance and cloud management contracts are signed, the Client is responsible for procuring, maintaining, and funding its own cloud infrastructure (e.g., AWS, DigitalOcean, Google Cloud, cPanel, or VPS providers).

* Third-Party APIs and Failures: We are not responsible for outages, rate limits, breaking updates, policy shifts, or service deprecations caused by third-party services (such as payment gateways like FPX/CHIPS/Toyyibpay/Stripe/iPay88, SMS/WhatsApp gateways, Google Maps, or external APIs).

8. Limited Warranty & Post-Launch Support

* Warranty Period: We provide a limited warranty period of [30 days] following project sign-off or production launch.

* Warranty Coverage: During this window, we will fix, at no additional charge, any verified bugs or code errors that cause the web application to deviate from the agreed specifications in the SOW.

* Exclusions: The warranty does not cover:

* Issues arising from unauthorized code edits by the Client or third parties.

* Server environment changes, operating system updates, or third-party API changes occurring after launch.

* New feature requests or design alterations.

* Maintenance Contracts: Ongoing monitoring, major framework upgrades, regular backups, security audits, and continuous feature updates require a separate monthly or annual Service Level Agreement (SLA).

9. Confidentiality & Personal Data Protection (PDPA 2010)

* Confidentiality: Both parties agree to protect each other’s confidential trade secrets, business processes, and project requirements, and will not disclose such information to third parties without prior written consent.

* Data Protection: Both parties agree to comply with the Personal Data Protection Act 2010 (PDPA) of Malaysia. To the extent the Company processes personal data on behalf of the Client during development or migration:

* The Company acts solely as a data processor adhering to the Client’s documented instructions.

* The Client warrants that all personal data supplied has been lawfully collected with necessary user consents.

10. Limitation of Liability

* To the maximum extent permitted by Malaysian law:

* The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to this Agreement or the use of the web application.

* The Company’s total aggregate liability under any claim, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by the Client to the Company for the specific project or phase giving rise to the claim.

* We do not guarantee that the operation of any software will be completely uninterrupted or error-free, or immune from sophisticated cyberattacks, brute-force intrusions, or zero-day vulnerabilities.

11. Termination

* Termination for Convenience: Either party may terminate an engagement by giving [14 days] written notice. Upon termination, the Client must pay for all work completed, hours logged, and non-cancellable expenses incurred up to the effective termination date.

* Termination for Cause: Either party may terminate immediately if:

* The other party commits a material breach of this Agreement and fails to remedy it within 14 days of receiving written notice.

* The other party becomes insolvent, enters liquidation, or ceases operations.

* Consequences of Termination: Upon receipt of full payment for work done to date, the Company will deliver all completed or partially completed files in their current state (“as-is”).

12. Governing Law & Dispute Resolution

* Governing Law: These Terms and any related agreements are governed by and construed in accordance with the laws of Malaysia (including the Contracts Act 1950).

* Dispute Resolution: In the event of any dispute or claim arising out of or relating to these Terms:

* The parties agree to first attempt to resolve the issue amicably through good-faith negotiation.

* If unresolved within 30 days, the parties submit to the exclusive jurisdiction of the Courts of Malaysia (or, if mutually agreed, arbitration through the Asian International Arbitration Centre / AIAC in Kuala Lumpur).

13. Miscellaneous

* Entire Agreement: These Terms, together with any signed SOW or Quotation, constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions or agreements.

* Severability: If any provision of these Terms is found to be invalid or unenforceable under Malaysian law, the remaining provisions will continue in full force and effect.

* Force Majeure: Neither party shall be liable for delays or failure to perform resulting from acts beyond reasonable control, including natural disasters, acts of government, strikes, telecommunication or power grid failures, or pandemics.

* Amendments: We reserve the right to update these Terms on our website from time to time. Continued use of our Site or Services after updates are posted constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions or concerns regarding these Terms and Conditions, please contact us at:

* Business Name: AGUNG LEGACY

* Registration / SSM No.: (003847578-M)

* Email: mail[at]proapp.my

* Phone / WhatsApp: +6016 6023307 / +6018 6699366