Terms of Service

Last updated: June 5, 2024

1. Introduction

Welcome to Nazca. These Terms of Service ("Terms") govern your access to and use of the Nazca website, services, and applications (collectively, the "Services"). Please read these Terms carefully, as they constitute a legally binding agreement between you and Sunray Agency ("we," "us," or "our"), the operator of Nazca at nazca.my.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

In these Terms, the following definitions apply:

  • "Account" means a registered user account on our platform.
  • "Content" means any text, graphics, images, music, software, audio, video, information or other materials uploaded, downloaded or appearing on the Services.
  • "User" means a person who accesses or uses the Services.
  • "App Submission" means any mobile or desktop application, software, or digital product submitted to our platform.
  • "Subscription" means a recurring payment plan for premium services on our platform.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" shall refer to that entity.

4. Account Registration

To access certain features of our Services, you may need to create an Account. When you create an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

5. App Submissions

Our platform allows Users to submit and discover mobile and desktop applications. By submitting an app to our platform, you represent and warrant that:

  • You are the owner of the app or have the necessary rights to submit it.
  • The app does not infringe upon the intellectual property rights or other rights of any third party.
  • The app complies with all applicable laws and regulations.
  • The app does not contain any malicious code, viruses, or other harmful components.
  • All information provided about the app is accurate, current, and complete.

We reserve the right to remove any App Submission at our sole discretion, with or without notice.

6. Pricing and Payments

We offer various pricing plans for premium features on our platform. By subscribing to a premium plan, you agree to pay all fees in accordance with the pricing and payment terms presented to you at the time of purchase. Payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in our Refund Policy.

All prices are subject to change, and we reserve the right to modify our pricing plans at any time. We will provide you with reasonable notice of any changes to our pricing plans.

7. Intellectual Property Rights

The Services and their original content, features, and functionality are owned by Sunray Agency and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You retain ownership of any Content you submit to the Services. By submitting Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with providing the Services.

8. User Conduct

You agree not to use the Services to:

  • Violate any applicable law or regulation.
  • Infringe upon the rights of others, including intellectual property rights.
  • Upload or transmit viruses, malware, or other malicious code.
  • Interfere with or disrupt the Services or servers or networks connected to the Services.
  • Engage in any form of automated data collection, including scraping or data mining.
  • Post false, misleading, or deceptive content.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Engage in any activity that could harm minors.
  • Harass, abuse, or harm another person.
  • Use the Services for any illegal or unauthorized purpose.

We reserve the right to terminate your access to the Services for violations of this section.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNRAY AGENCY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL SUNRAY AGENCY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

10. Indemnification

You agree to defend, indemnify, and hold harmless Sunray Agency, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by Sunray Agency. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Sunray Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Termination

We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Services or contact us to request Account deletion.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Asian International Arbitration Centre (AIAC). The arbitration shall take place in Kuala Lumpur, Malaysia, in the English language, and the arbitral decision may be enforced in any court.

16. Entire Agreement

These Terms constitute the entire agreement between you and Sunray Agency regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

17. Contact Us

If you have any questions about these Terms, please contact us at support@nazca.my.

For questions about our Terms of Service, please contact us.