Terms of Service

1. What Oktavia Is

Oktavia is a back-office rental asset management and agreement-reminder platform used by Real Estate Negotiators (“RENs”) and related users to manage property owners, rental assets, tenancy agreements, and to schedule and dispatch follow-up reminders (including by WhatsApp and email). Oktavia is a software tool. We do not act as a party to any tenancy, agency, or property transaction between you and any third party, and we do not provide legal, tax, accounting, or professional advice.

2. Eligibility

By accessing or using the Services, you confirm that:

• you are at least 18 years old and can form a legally binding contract with us;
• if you use the Services on behalf of a company, agency, or other legal entity, you are authorised to bind that entity to these Terms, and “you” refers to both you and that entity; and
• you hold and will maintain any registration, licence, or authorisation required to carry out your real estate activities, including any applicable registration with the Board of Valuers, Appraisers, Estate Agents and Property Managers (LPPEH).

If we discover that a registered user does not meet these requirements, we may suspend or terminate the account.

3. Your Account

To use most of the Services you must create an account. You agree to provide information that is true, accurate, current, and complete, and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly if you believe your credentials have been compromised or your account has been accessed without authorisation. We may act on instructions received through your account and credentials, and we may suspend access where we reasonably believe unauthorised access has occurred.

4. Subscriptions, Fees, and Payments

Certain features of the Services are offered on a paid subscription basis. Fees, billing cycles, and plan features are described at the point of purchase. By subscribing, you authorise us and our third-party payment provider to charge the applicable fees. Payments are processed by our payment gateway, and your use of that gateway is subject to its own terms. You are responsible for any network, data, or app-store charges you incur in accessing the Services, and for any taxes applicable to your subscription other than taxes on our income.

We may run promotions, discounts, or voucher offers from time to time. Unless stated otherwise, such offers are subject to their stated validity and conditions, are non-transferable and non-exchangeable, cannot be exchanged for cash, and may be withdrawn or amended at our discretion.

5. Refunds

Except where required by law or expressly stated otherwise, subscription fees are non-refundable, and cancelling a subscription stops future renewals rather than refunding the current period. Refund requests are considered on a case-by-case basis in accordance with our Refund Policy.

6. Licence to Use the Services

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 purposes. This licence does not transfer any ownership of intellectual property in the Services or their content to you. Any rights not expressly granted are reserved.

7. Your Content and Data

The Services allow you to submit and store content and data, including property, owner, and tenant records, documents, photographs, messaging templates, and other materials (“Your Content”). As between you and us, you retain ownership of Your Content.

You grant us a worldwide, royalty-free licence to host, store, reproduce, and process Your Content solely to the extent necessary to operate and provide the Services to you, including transmitting reminders and messages you direct us to send. You are responsible for Your Content and for ensuring you have the necessary rights and consents to provide it to us and to have it processed as described, including consent from the individuals whose personal data it contains.

If you send us feedback, ideas, or suggestions about the Services, you agree that we may use them without restriction or obligation to you.

8. Sending Reminders and Messages

When you use the Services to send reminders or messages to property owners, tenants, or other recipients, you are solely responsible for the content of those messages and for ensuring that each recipient has agreed to be contacted by you and that your communications comply with all applicable laws, including anti-spam and data protection laws. You are also responsible for complying with the terms of any messaging channel you use through the Services, including the terms and policies of WhatsApp and its providers. You must not use the Services to send unlawful, harassing, deceptive, or unsolicited bulk communications. We may apply reasonable measures, such as blocked-word filtering and rate limits, but we do not review or guarantee delivery of your messages.

9. Acceptable Use

You agree to use the Services lawfully and in good faith. You must not:

• use the Services for any unlawful, harmful, or fraudulent purpose;
• access or use another person’s account, or create an account using a false identity;
• copy, modify, distribute, sell, resell, sublicense, or create derivative works from the Services or their content except as expressly permitted;
• reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law;
• use the Services, or their data, to build or support a competing product or service;
• use bots, scrapers, crawlers, or other automated means to access the Services or place an unreasonable load on our infrastructure;
• upload viruses or other harmful code, or interfere with or disrupt the Services or connected networks;
• harvest, collect, or misuse other users’ or third parties’ information or content without authorisation; or
• remove or obscure any proprietary notices, or misuse our brand, logos, or trademarks.

10. Intellectual Property

The Services, including all software, text, graphics, logos, and other content (other than Your Content), and all related intellectual property rights, are and remain the exclusive property of Oktavia, HOI Services Sdn Bhd, and its licensors. Some components may include open-source software, which is licensed under its own terms; to the extent of any conflict, those open-source terms govern that component. All trademarks, service marks, and logos displayed through the Services are the property of their respective owners and may not be used without prior written consent.

11. Third-Party Services and Links

The Services may integrate with or link to third-party services (for example, payment, messaging, email, or mapping providers) and websites that we do not own or control. We are not responsible for the content, policies, or practices of any third party, and your use of third-party services is at your own risk and subject to the relevant third party’s terms.

12. Service Availability and Changes

We are continually improving the Services and may add, change, suspend, or remove features at any time. We may also impose limits on certain features or restrict access to parts of the Services. Where we discontinue a Service in a way that materially affects you, we will, where reasonably possible, provide advance notice and a chance to retrieve Your Content. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis, and we disclaim all warranties and conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that any errors will be corrected. Any material obtained through the Services is accessed at your own discretion and risk, and you are responsible for any resulting damage or data loss. No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms.

14. Limitation of Liability

To the maximum extent permitted by law, Oktavia, HOI Services Sdn Bhd, its affiliates, and their respective officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, goodwill, data, or other intangible losses, arising out of or relating to your use of (or inability to use) the Services, including any unauthorised access to or alteration of your data, or the acts or omissions of any third party.

To the extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the greater of (a) MYR100 or (b) the amounts you paid to us for the Services in the six (6) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

15. Indemnity

You agree to defend, indemnify, and hold harmless Oktavia, HOI Services Sdn Bhd, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use or misuse of the Services, Your Content, your messages or communications sent through the Services, your breach of these Terms, or your violation of any law or any third-party right. This obligation survives the termination of these Terms.

16. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms, create risk or possible legal exposure for us, or if we discontinue the Services. On termination, your right to use the Services ceases. Provisions that by their nature should survive termination, including ownership, disclaimers, limitation of liability, and indemnity, will survive.

17. Privacy

Our collection and use of personal data in connection with the Services is described in our Privacy Policy. By using the Services, you acknowledge that you have read and understood it.

18. Changes to These Terms

We may modify these Terms from time to time, for example to reflect changes in the law or in the Services. When we do, we will revise the “Effective date” above, and the updated Terms take effect once posted. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. If there is a conflict between these Terms and any additional terms presented for a specific feature, the additional terms control for that feature.

19. Governing Law and Jurisdiction

These Terms and your use of the Services are governed by the laws of Malaysia, without regard to conflict-of-laws principles. You consent to the exclusive jurisdiction of the courts of Kuala Lumpur, Wilayah Persekutuan, Malaysia, for any dispute arising out of or relating to these Terms or the Services. We make no representation that the Services are appropriate or available for use outside Malaysia.

20. General

These Terms, together with the Privacy Policy and any additional terms referenced in them, constitute the entire agreement between you and us regarding the Services. We may assign or transfer our rights and obligations under these Terms; you may not do so without our prior written consent. If any provision is found to be invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it. These Terms do not create any third-party beneficiary rights.

21. Contact Us

If you have any questions about these Terms, please contact us: