These Terms & Conditions (“Terms”) govern your access to and use of the website at https://wsmart.io, the WSmart IoT platform, and related mobile applications including WSmart.io Alerts (together, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Who we are
The Services are operated by Woow Moment Limited (Hong Kong) and Woow Moment Sdn. Bhd. (Malaysia) (together, “we”, “us”, or “our”). References to “you” mean the individual or organisation using the Services.
2. Eligibility and accounts
You must be able to form a binding contract under applicable law to use the Services. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation. You are responsible for safeguarding account credentials, for activity under your account, and for providing accurate registration information. Notify us promptly of any unauthorised access.
3. Licence
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business or authorised organisational purposes. You may not sublicense, sell, lease, reverse engineer (except where mandatory law permits), or otherwise exploit the Services except as expressly allowed.
4. Acceptable use
You agree not to:
- Misuse the Services, probe or disrupt systems, or attempt unauthorised access;
- Upload unlawful, harmful, or infringing content;
- Interfere with other users or with the integrity of sensor data and alerts;
- Use the Services in violation of applicable laws or third-party rights.
5. Alerts and operational use
Alert notifications and monitoring features support operational awareness. Unless expressly agreed in a written contract, they are not a substitute for life-safety systems, emergency services, or independent operational controls. You are responsible for how your organisation configures thresholds, recipients, escalation paths, and response procedures.
6. Intellectual property
We and our licensors own all rights in the Services, including software, branding, documentation, and related materials. Except for the limited licence above, no rights are granted to you. Feedback you provide may be used by us without obligation to you.
7. Your data and privacy
Our collection and use of personal information is described in our Privacy Policy. You retain rights in data you submit to the Services, and you grant us a licence to host, process, and display that data as needed to provide and improve the Services and to comply with law.
8. Third-party services
The Services may rely on third-party providers, including Apple Push Notification service (APNs), Firebase Cloud Messaging (FCM), cloud hosting, and device manufacturers. Those services are subject to their own terms. We are not responsible for third-party outages, policy changes, or failures outside our reasonable control.
9. Fees
Paid features, subscriptions, or project fees (if any) are as agreed in an order form, quotation, or other written agreement with you. Unless otherwise stated, fees are non-refundable except where required by law. Unpaid amounts may result in suspension of access.
10. Disclaimers
The Services are provided “as is” and “as available”. Additional product and operational disclaimers are set out in our Disclaimer. To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of liability
To the fullest extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or relating to the Services is limited to the greater of (a) the fees you paid us for the Services in the twelve (12) months before the claim, or (b) Hong Kong Dollars one thousand (HKD 1,000). Nothing in these Terms excludes liability that cannot be limited under applicable law (including for fraud or personal injury caused by negligence where such exclusion is prohibited).
12. Indemnity
You agree to indemnify and hold harmless Woow Moment Limited, Woow Moment Sdn. Bhd., and our officers, employees, and agents from claims, losses, and expenses (including reasonable legal fees) arising from your misuse of the Services, your breach of these Terms, or your violation of law or third-party rights.
13. Suspension and termination
We may suspend or terminate access to the Services if you breach these Terms, if required by law, or if needed to protect the Services or other users. You may stop using the Services at any time. Provisions that by nature should survive (including IP, liability limits, indemnity, and governing law) will survive termination.
14. Changes
We may update these Terms from time to time. We will post the updated Terms on this page and revise the “Last Updated” date. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms, except where applicable law requires a different process.
15. Governing law
These Terms are governed by the laws of the Hong Kong Special Administrative Region. Courts of Hong Kong have exclusive jurisdiction, without prejudice to mandatory consumer protections that apply in your place of residence (including Malaysia where applicable).
16. Contact
If you have questions about these Terms, please contact us at:
Email: [email protected]
Website: https://wsmart.io