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Terms of Service

NEWVIA SDN. BHD. Last Updated: 19 August 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and NEWVIA SDN. BHD. (SSM Business Registration No. 202601032040 (1694135-H)), a private limited company incorporated in Malaysia with its registered address at 7-2, Plaza Danau 2, Jalan 2/109f, Taman Danau Desa, 58100 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia ("NewVia", "we", "us", or "our"), governing your access to and use of the websites located at newvia.ai and app.newvia.ai, and all associated software, applications, APIs, and services (collectively, the "Services").

By creating an account, clicking "I agree", or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you must not access or use the Services.

1. Definitions

2. Description of the Services

NewVia provides business-to-business (B2B) Software-as-a-Service, including workflow automation tools, booking and scheduling functionality, client and business management features, payment facilitation via third-party payment gateways, reporting dashboards, and related integrations. The Services are provided on a subscription basis and are intended for business and professional use.

We may enhance, modify, or discontinue features of the Services from time to time, provided that no such change materially degrades the core functionality of a paid plan during a paid Subscription Term.

3. Eligibility and Account Registration

3.1 Eligibility. You must be at least eighteen (18) years of age and capable of forming a binding contract to use the Services. The subscription plans described in Section 5 are intended for business and professional use. Where NewVia makes additional features or marketplace functionality available to other categories of users, supplemental terms disclosed for those features will apply.

3.2 Registration. You agree to provide accurate, current, and complete information during registration and to keep such information up to date. We may refuse registration, suspend, or reclaim usernames at our reasonable discretion.

3.3 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your Account, whether or not authorized by you. You must (a) use strong passwords, (b) restrict credential sharing, and (c) notify us immediately at support@newvia.ai of any suspected unauthorized access or security breach. NewVia is not liable for any loss arising from unauthorized use of your Account resulting from your failure to safeguard credentials.

4. Acceptable Use Policy

You agree that you and your Authorized Users will not, and will not permit any third party to:

(a) send spam, unsolicited bulk communications, phishing messages, or any communication in violation of applicable anti-spam or telecommunications laws; (b) upload, transmit, or distribute content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or that infringes any third party's intellectual property, privacy, or other rights; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure of the Services, except to the extent such restriction is prohibited by applicable law; (d) use scrapers, crawlers, bots, or any automated means to access, extract, or index the Services or any data therein without our prior written consent; (e) probe, scan, or test the vulnerability of the Services, circumvent authentication or security measures, or interfere with the integrity or performance of the Services or the data contained therein; (f) resell, sublicense, rent, lease, or provide the Services to third parties as a service bureau or on a timesharing basis, except as expressly permitted under your plan; (g) use the Services to develop a competing product or service, or copy any features, functions, or graphics of the Services; (h) use the Services in connection with any activity prohibited by the acceptable use or restricted business policies of our third-party payment gateway providers; or (i) use the Services in violation of any applicable law or regulation, including data protection, export control, and sanctions laws.

We may investigate suspected violations and may suspend or terminate Accounts engaged in prohibited conduct, with or without notice, in addition to any other remedies available to us.

5. Plans, Free Trial, and Billing

5.1 Freemium Plan

The Freemium Plan is a perpetual free tier providing base feature access as described on our pricing page. No payment card is required to register for or maintain the Freemium Plan. We reserve the right to modify the features and usage limits of the Freemium Plan at any time.

5.2 Growth Plan and 21-Day Free Trial

The Growth Plan is a paid subscription tier that includes a one-time twenty-one (21) day free trial ("Trial") for new eligible Accounts. During the Trial, you have access to Growth Plan features at no charge. NewVia may offer additional paid plans (such as an Enterprise Plan) as described on our pricing page; the terms of this Section 5 apply to all paid plans unless expressly stated otherwise.

5.3 Trial Expiration and Automatic Downgrade

At the end of the 21-day Trial, if you have not authorized a paid subscription or your subscription is not otherwise activated or renewed, your Account will automatically downgrade and revert to the Freemium Plan without any charge or financial penalty. Features exclusive to the Growth Plan will cease to be available upon downgrade, and any data associated with Growth-only features may become inaccessible (but will not be immediately deleted) until you upgrade.

5.4 Paid Subscriptions and Auto-Renewal

If you authorize a paid subscription (including by providing payment details during or after the Trial), your Growth Plan will commence and will automatically renew at the end of each Subscription Term at the then-current rates, unless cancelled in accordance with our Refund & Cancellation Policy before the renewal date. You authorize us and our payment gateway providers to charge your designated payment method for all applicable fees, taxes, and charges on a recurring basis.

5.5 Fees, Taxes, and Price Changes

All fees are stated exclusive of applicable taxes (including SST, VAT, GST, or withholding taxes), which you are responsible for paying. We may change subscription pricing with at least thirty (30) days' prior notice; price changes take effect at your next renewal.

Upgrades and Downgrades. Plan upgrades take effect immediately: the unused portion of fees already paid for your current plan is applied as a prorated credit toward the price of the new plan, the difference is charged to your payment method immediately, and your billing cycle resets to the upgrade date. Prorated upgrade credits may only be applied toward the upgraded plan and are not redeemable or refundable as cash. Downgrades take effect at the end of the current billing period, and no refund or credit is provided for the remainder of that period.

5.6 No Refunds

All payments are strictly non-refundable once billed or processed, including for partial billing periods, unused features, or unused time, as further detailed in our Refund & Cancellation Policy, which is incorporated into these Terms by reference.

6. Payment Processing and PCI-DSS Compliance

All payments for the Services are processed by third-party payment gateway providers, which may include Stripe, Airwallex, HitPay, and Razorpay (each a "Payment Processor"). By making a payment, you agree to the applicable Payment Processor's terms of service and privacy policy.

NewVia does not collect, store, or process full payment card numbers, CVV/CVC codes, or other sensitive cardholder authentication data on its own servers. Card details are transmitted directly to and handled by our Payment Processors, each of which is certified to PCI-DSS Level 1, the highest level of certification under the Payment Card Industry Data Security Standard. NewVia receives only limited transaction metadata (such as tokenized references, card brand, last four digits, transaction status, and billing outcomes) necessary for billing administration, receipts, and fraud prevention.

7. Customer Data and Intellectual Property

7.1 Your Data. As between the parties, you retain all rights, title, and interest in and to Customer Data. You grant NewVia a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display Customer Data solely to the extent necessary to provide, secure, and improve the Services and to comply with law.

7.2 Our IP. NewVia and its licensors retain all rights, title, and interest in and to the Services, including all software, designs, trademarks, and documentation. No rights are granted to you other than as expressly set out in these Terms.

7.3 Feedback. If you provide suggestions or feedback, we may use them without restriction or obligation to you.

7.4 Responsibility for Customer Data. You represent and warrant that you have all rights and lawful bases (including any required consents) to submit Customer Data to the Services, and that Customer Data does not violate applicable law or third-party rights.

8. Privacy and Data Protection

Our collection and use of personal data is governed by our Privacy Policy and Cookie & Tracking Policy, each incorporated into these Terms by reference. We process personal data in accordance with the Malaysian Personal Data Protection Act 2010 ("PDPA") and, where applicable, the EU General Data Protection Regulation ("GDPR").

9. Suspension and Termination

9.1 By You. You may cancel your subscription or close your Account at any time via Account Settings > Billing or by emailing support@newvia.ai, subject to the Refund & Cancellation Policy.

9.2 By Us. We may suspend or terminate your access to the Services (in whole or in part), with notice where practicable, if: (a) you materially breach these Terms (including the Acceptable Use Policy) and fail to cure within seven (7) days of notice, or immediately for breaches incapable of cure; (b) payment of fees is overdue; (c) your use poses a security risk or legal exposure to NewVia, other customers, or third parties; or (d) required by a Payment Processor, regulator, or law.

9.3 Effect of Termination. Upon termination or expiry: (a) your right to access the Services ceases (subject to any paid-through period under the Refund & Cancellation Policy); (b) you may request an export of Customer Data within thirty (30) days, after which we may delete Customer Data in accordance with our data retention practices; and (c) accrued payment obligations survive. Sections 5.6, 6, 7, 10, 11, 12, and 13 survive termination.

10. Disclaimers; Service Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWVIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEWVIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO SERVICE LEVEL AGREEMENT (SLA), UPTIME GUARANTEE, OR SERVICE CREDIT IS PROVIDED UNLESS EXPRESSLY AGREED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY NEWVIA. You are solely responsible for maintaining backups of Customer Data to the extent the Services permit export.

11. Limitation of Liability

11.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NEWVIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO NEWVIA FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WHERE NO AMOUNTS HAVE BEEN PAID (INCLUDING USE OF THE FREEMIUM PLAN OR TRIAL), NEWVIA'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED MALAYSIAN RINGGIT (RM 100).

11.2 Exclusion of Indirect Damages. IN NO EVENT SHALL NEWVIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Carve-Outs. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.

12. Indemnification

You shall defend, indemnify, and hold harmless NewVia and its directors, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data; (b) your breach of these Terms or applicable law; or (c) your or your Authorized Users' use of the Services in violation of the Acceptable Use Policy.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes) are governed by and construed in accordance with the laws of Malaysia, without regard to conflict-of-laws principles. The parties irrevocably agree that the courts of Malaysia shall have exclusive jurisdiction to settle any such dispute or claim, and each party submits to the jurisdiction of such courts.

14. General Provisions

14.1 Changes to Terms. We may update these Terms from time to time. Material changes will be notified via the Services or email at least fourteen (14) days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14.2 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of government, labour disputes, internet or utility failures, and denial-of-service attacks.

14.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

14.4 Entire Agreement; Severability; Waiver. These Terms, together with the policies incorporated by reference and any Orders, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in full force. A failure to enforce any provision is not a waiver of the right to do so later.

14.5 Notices. Notices to NewVia must be sent to support@newvia.ai or by post to NEWVIA SDN. BHD., 7-2, Plaza Danau 2, Jalan 2/109f, Taman Danau Desa, 58100 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia. Notices to you may be sent to the email address associated with your Account.

15. Contact

NEWVIA SDN. BHD. (202601032040 (1694135-H)) 7-2, Plaza Danau 2, Jalan 2/109f, Taman Danau Desa, 58100 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia Email: support@newvia.ai