Terms of Service

By accessing or using the Ethytude(the “Platform”), including any features, APIs, or related services, you (“Customer” or “User”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms in full, you must not access or use the Platform.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. References to “you” include both you personally and the entity you represent.

The Ethytudeis a cloud-based software-as-a-service (“SaaS”) solution that provides digital workflow management tools for anti-bribery management systems, including modules for risk registers, gift and hospitality declarations, conflict of interest declarations, due diligence, whistleblowing, training records, audits, and related documentation.

The Platform is intended to assist organisations in organising, recording, and managing compliance-related documentation and internal workflows. It is a record-keeping and workflow facilitation tool only.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

You must provide accurate, current, and complete information during registration and maintain the accuracy of that information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately at legal@jcss.com.my upon becoming aware of any unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

Each subscription plan limits the number of active login users. You are responsible for ensuring your use remains within the limits of your plan. Exceeding the seat cap may result in suspension of the ability to add further users until your plan is upgraded.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;
• Upload or transmit false, misleading, or fraudulent compliance records;
• Attempt to gain unauthorised access to any part of the Platform or its infrastructure;
• Reverse-engineer, decompile, or attempt to extract source code from the Platform;
• Resell, sublicense, or otherwise commercially exploit the Platform without our written consent;
• Interfere with or disrupt the integrity or performance of the Platform or any data it contains;
• Use automated means to access the Platform in a manner that exceeds normal usage patterns.

We reserve the right to suspend or terminate access immediately and without notice if we reasonably believe you have breached this section.

The Ethytude is a documentation and workflow management tool. It does not constitute legal advice and does not guarantee that your organisation will achieve, maintain, or demonstrate compliance with any law, regulation, standard, or certification, including but not limited to:

• ISO 37001:2025 (Anti-Bribery Management Systems);
• The Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”), including s.17A;
• Any other applicable anti-bribery, anti-corruption, or corporate governance legislation;
• Any certification, accreditation, or audit requirement.

The adequacy of your anti-bribery procedures, the outcome of any regulatory investigation, prosecution, civil claim, audit, or certification exercise is determined solely by the relevant authority or body — not by your use of this Platform.

We strongly recommend that you obtain independent legal and professional advice regarding your specific compliance obligations. Nothing in the Platform, its documentation, or any communications from us constitutes legal or professional advice.

To the maximum extent permitted by applicable law:

The Platform is provided “AS IS” and “AS AVAILABLE” without any warranty of any kind, express or implied. We expressly disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Platform will meet your specific compliance, legal, or business requirements;
• Warranties that the Platform will be uninterrupted, error-free, secure, or free of harmful components;
• Warranties as to the accuracy, reliability, completeness, or timeliness of any content, data, or output generated by the Platform;
• Warranties that defects will be corrected or that the Platform is free of viruses or other harmful components.

No advice, information, or statement — whether oral or written — obtained from us or through the Platform shall create any warranty not expressly stated in these Terms.

Exclusion of consequential and indirect damages

To the fullest extent permitted by applicable law, in no event shall JCSS Consultancy PLT, its directors, officers, employees, agents, contractors, licensors, or service providers be liable for any:

• Indirect, incidental, special, exemplary, punitive, or consequential damages;
• Loss of profits, revenue, business, data, goodwill, or anticipated savings;
• Regulatory fines, penalties, or sanctions imposed by any authority (including MACC);
• Legal costs, defence costs, or damages arising from any criminal or civil proceeding;
• Losses arising from your failure to achieve, maintain, or demonstrate regulatory compliance;
• Losses caused by system downtime, data loss, security breaches, or unauthorised access;
• Losses arising from reliance on any output, report, or document generated by the Platform;
• Any other loss or damage, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.

Cap on aggregate liability

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform — whether in contract, tort, breach of statutory duty, or otherwise — shall not exceed the total fees actually paid by you to us in the twelve (12) calendar months immediately preceding the event giving rise to the claim.

Where you are using the Platform during a free trial period, our aggregate liability shall not exceed RM 500 (Malaysian Ringgit five hundred only).

The limitations in this section apply even if we have been advised of the possibility of such damages, and even if any remedy set forth herein fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain types of liability — in such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless JCSS Consultancy PLT and its directors, officers, employees, agents, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Platform;
• Any data, content, or information you submit, upload, or transmit through the Platform;
• Your violation of these Terms or any applicable law or regulation;
• Your failure to maintain adequate anti-bribery procedures or to meet your legal obligations;
• Any claim by a third party, including any regulatory authority, arising from your use of the Platform;
• Any misrepresentation made by you in connection with the Platform.

We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defence of such claim.

You retain ownership of all data and content you submit to the Platform (“Customer Data”). By submitting Customer Data, you grant us a limited, non-exclusive licence to process it solely for the purpose of providing and improving the Platform.

We implement commercially reasonable technical and organisational security measures. However, we cannot guarantee absolute security. You acknowledge that no method of transmission over the internet or method of electronic storage is 100% secure. We shall not be liable for any security breach, data loss, or unauthorised access unless directly caused by our gross negligence or wilful misconduct.

You are solely responsible for ensuring that any personal data you submit complies with applicable data protection laws, including Malaysia's Personal Data Protection Act 2010 (“PDPA”). We process personal data as a data processor on your behalf and in accordance with our Privacy Policy.

Upon termination of your subscription, we will retain your data for 30 days during which you may request an export. After that period, we may delete your data. We are not liable for any loss of data following this retention period.

The Platform, including all software, design, trademarks, logos, documentation, and content (excluding Customer Data), is the exclusive property of JCSS Consultancy PLT and its licensors. Nothing in these Terms transfers any intellectual property rights to you.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes in accordance with these Terms. This licence does not include any right to copy, modify, create derivative works, redistribute, or commercially exploit the Platform.

We may suspend or terminate your access to the Platform immediately and without notice if:

• You breach any provision of these Terms;
• Your payment is overdue and remains unpaid after 14 days of notice;
• We are required to do so by law or a court order;
• We reasonably believe continued access poses a risk to the Platform, other users, or third parties.

You may terminate your subscription at any time through the billing portal. No refunds will be issued for any unused portion of a billing period except where required by law.

Upon termination, all licences granted to you immediately cease. Provisions of these Terms that by their nature should survive termination — including Sections 5, 6, 7, 8, 9, 10, and 13 — shall survive termination.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by email or by prominent notice within the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Platform before the effective date of the changes.

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall first be submitted to good-faith negotiation. If not resolved within 30 days, the dispute shall be referred to and finally resolved by the courts of Malaysia, and both parties irrevocably submit to the exclusive jurisdiction of those courts.

Notwithstanding the above, we reserve the right to seek injunctive or other equitable relief in any competent court to protect our intellectual property or confidential information.

For questions about these Terms, please contact: