End User Licence Agreement (EULA)

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the JaGaApp 2.0, JaGaCount, their associated upgrades, patches, and updates and related services and any such other products currently provided or which will be provided (the “JaGa Product”) by RED IDEAS SDN BHD, or any one of its subsidiaries or affiliated companies, including without limitation INTELLECTUAL PROPERTY REGISTER PTE LTD (collectively referred to as “RED IDEAS").

This EULA sets out the basis on which RED IDEAS makes the JaGa Product available to you (“User” or ”You”) and on which You may use them. RED IDEAS’s Privacy Policy and Terms of Use which can be found on https://jagasolution.com/privacy-policy/ and https://jagasolution.com/terms-of-use/, form an integral part of this EULA. By installing or using the JaGa Product, You hereby agree to accept and to be bound by this EULA, the Terms of Use and the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the JaGa Product.

This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this EULA conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

RED IDEAS reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 8.

1. GRANT OF LICENSE

1.1 RED IDEAS grants You a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable and non-assignable license to install and/or use the JaGa Product (in whole or in part), for such time until either You or RED IDEAS terminates this EULA. You must in no event use, nor allow others to use the JaGa Product without obtaining a licence to do so from RED IDEAS. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the JaGa Product on certain hardware. THIS JAGA PRODUCT IS LICENSED TO YOU, NOT SOLD. As applicable, certain parts of the JaGa Product service may be using third party features, some of which are managed by third-party providers for which additional terms may apply.

1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the JaGa Product or any of its parts commercially; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this JaGa Product, in whole or in part; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this JaGa Product; and (iv) export or re-export this JaGa Product or any copy of adaptation in violation of any applicable laws or regulations.

1.3 While using the JaGa Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the JaGa Product which are not meant to be exhaustive and can be modified at any time by RED IDEAS. In all cases, You may only use the JaGa Product according to anticipated use of the JaGa Product.

1.4 For example purposes, and without limiting RED IDEAS’s rights to take action against You, You may not:

a. create, use, share and/or publish by any means in relation to the JaGa Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any Intellectual Property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the JaGa Product, or their accessibility to other users, or the functioning of the partner networks of the JaGa Product, or attempt to do any of the above;
c. decompile or disassemble the JaGa Product, whether in the whole or in part and not attempt to do such things;
d. reverse engineer or access the JaGa Product application in order to (i) build a competitive product or service; or (ii) build or develop a product using similar ideas, features, functions or graphics of the JaGa Product; or (iii) copy any ideas, features, functions or graphics of the JaGa Product;
e. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the JaGa Product, and/or organise, participate in or be involved in any way in an attack on RED IDEAS’s servers and/or the JaGa Product and/or those of its service providers and partners;
f. create, supply or use alternative methods of using the JaGa Product, for example server emulators;
g. transmitting or communicating any material or content which, in the sole and exclusive discretion of RED IDEAS, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
h. harassing or threatening any other users in the JaGa Product;
i. make inappropriate use of the help service or the emergency assist or send untruthful reports to RED IDEAS’s personnel; and
j. falsely claim to be an employee or representative of RED IDEAS or its partners and/or agents.

1. OWNERSHIP
   All title, ownership rights and Intellectual Property rights in and to the JaGa Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the JaGa Product, individually or in combination) and any and all copies thereof are owned by RED IDEAS, its affiliates and/or subsidiaries. The JaGa Product is protected by copyright, trade dress, patent, and trademark laws of Malaysia, Singapore, Indonesia and/or any other relevant jurisdictions, international conventions, and all other relevant Intellectual Property and proprietary rights, and applicable laws. RED IDEAS also reserve all rights not expressly granted in this EULA. This JaGa Product may contain certain licensed materials and, in that event, RED IDEAS may protect their rights in the event of any violation of this EULA. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without RED IDEAS’s prior permission. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved. This license confers no title or ownership in the JaGa Product and should not be construed as a sale of any rights in the JaGa Product.
2. ACCESS TO THE JAGA PRODUCT

3.1 JAGA PRODUCT ACCESS AND SERVICES
a. To use the JaGa Product, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the JaGa Product, the response time or access to certain features may depend on the capacities of Your mobile terminal and communication network. RED IDEAS, its affiliates and/or subsidiaries may in no case be held responsible for reduced User comfort.
b. Certain features of the JaGa Product may require the use of location data sent by Your mobile device, on which the JaGa Product is installed and activated in order to provide location-based services such as the JaGa Location function (“Location-based Services”). To access these Location-based Services, you must enable the appropriate location services settings on Your mobile device, which may use a combination of GPS, Wi-Fi and/or Bluetooth to determine Your present location. If You choose to disable the location services of Your mobile device, You may not be able to use the Location-based Services. RED IDEAS, its affiliates and/or subsidiaries shall not be responsible for any failure in the performance of any of the Location-based Services due to circumstances beyond its control, including but not limited to, network outages, interruptions of wireless communication services and attempts to use the JaGa Product while in an area that has sporadic, limited or no network coverage. The JaGa Product and/or Location-based Services are not a replacement for 999 or 112 or any other public emergency response services. If You are in immediate danger, are suffering a medical emergency or are the victim of a crime, You should call 999 or 112 immediately and do not rely on the JaGa Product or any of the Location-based Services. Please note that location data may not always be accurate, and RED IDEAS, its affiliates and/or subsidiaries disclaim any and all warranties related to Location-based Services.

c. Some of the JaGa Product may provide You with a range of features (some of which may be subjected to additional costs), including but not limited to:

i. JaGa Home/JaGa Location Emergency Assist. Using Your mobile device as a broadcast facility aid to setup an emergency contact list with the mobile phone contact details of Your family members or other relevant individuals, who will be sent text messages via SMS or other applicable means, to alert them of a possible intrusion in Your home and/or other applicable emergency situations designated by You. To prevent inadvertent or unintentional misuse of the Emergency Assist function which may affect the overall security of a particular residential community which uses the JaGaSolution Community Agreement (“Community”), each such Community will be allocated a predetermined number of Emergency Assist activations monthly that will be shared between all End Users of that Community. Any activation by an End User after the predetermined number of activations have been used will incur an additional cost per activation at a rate that has been agreed between all End Users of the Community. An End User shall only be permitted to activate the Emergency Assist function once every ten (10) minutes.

ii. Directory. A list of contacts with details such as names and contact numbers included by You and/or Your neighbourhood moderators to enable responsive and prompt communication to and/or from Your property’s security guard house.

iii. Visitor Registration. You may pre-register Your visitors for a speedier entry while maintaining the security and privacy of Your visitors and/or You may scan or be scanned via a specific QR code make available at the entrance prior to You entering other premises.

iv. Verified Account. You may choose to be a verified account holder by uploading and submitting a copy of your personal identification document and a photo of yourself. As a verified account holder, You will no longer need to present your identification card to the security guard when visiting other community premises.

v. Facilities Booking. You may conveniently book the BBQ pits, badminton courts or any other communal facilities included by your neighbourhood moderators using the JaGa Product services.

vi. Community Form. Enables all community forms included by Your neighbourhood moderators, such as access card requests and renovations to be filled up in-app.

vii. Marketplace. The JaGa Product provide a marketplace for You to sell and/or purchase services and/or goods.

viii. Guard Tracking. A real time cloud-based system that helps monitor and/or vindicate the guards and their action via live GPS tracking, dynamic routing and/or producing reports.

ix. Access Card System. Integration of access card system to enable better management of security for Your community.

x. Billing. Your neighbourhood batch billing such as the management fees, service charges and/or sinking fund will be made available should the Community subscribes to JaGaCount. By subscribing to JaGaCount, the Community may generate unique hyperlink, also known as “Unit Weblink” that provides access to information related to specific property units, enabling the functions of viewing statements and lists of invoices. You may also make payments directly to the management office via this “Unit Weblink”. This generated “Unit Weblink” is an open URL (no additional authentication is required to view the content once the link is obtained) but private to individual unit owners. You may request the management office to re-generate the “Unit Weblink” if it is believed to be compromised or if you require a new link for any reason. RED IDEAS disclaims that the integrity and security of this unique “Unit Weblink” are solely the responsibilities of the unit owners and RED IDEAS shall not be held liable for any misuse, unauthorized access, or sharing of the URL/ “Unit Weblink” by the owners or third parties. It is strongly recommended that unit owners manage and distribute the URL/ “Unit Weblink” with discretion to prevent unauthorized access.

3.2 MOBILE DEVICE SETTINGS AND UNINSTALL PROCEDURES. As part of the installation process of the JaGa Product, You may be changing Your mobile device settings. By using and accessing the JaGa Product, You agree that You have approved of such changes which may include, without limitation, to allowing software updates of the JaGa Product once a new version is released and show notifications from the JaGa Product; and allowing RED IDEAS’s access to location-based information. To uninstall the JaGa Product, You may use the standard uninstall procedures offered by Your mobile device’s operating system.

3.3 COLLECTION OF PERSONAL DATA. In order to provide You with a better user experience, adapted services and JaGa Product support, RED IDEAS may collect and store Data about You in relation to Your use of the JaGa Product, Your connection information and/or Your visit. Certain Data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to RED IDEAS and RED IDEAS will not reveal Your Personal Data to third parties except when expressly authorised by You to do so or in accordance to RED IDEAS Privacy Policy or in special circumstances. RED IDEAS may be under a duty to disclose or share Your Personal Data in order to comply with a legal obligation, or in order to protect RED IDEAS’s rights and those of other users and third parties. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, RED IDEAS reserves the right to collect, store and use anonymous data about You. For further information concerning RED IDEAS’s use of Your Personal Data, please refer to the Privacy Policy.

3.4 ANALYTICS TOOLS. RED IDEAS may collect information concerning Your use of the JaGa Product which may contain the following, without limitation, mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the said JaGa Product, click statistics, feature usage, purchase history and other similar information. The analytics tools may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information. Standing alone, this information is not personal data, however, if RED IDEAS combines any of this information with Personal Data, RED IDEAS will treat this information as Personal Data pursuant to our Privacy Policy.

3.5 USE OF ARTIFICIAL INTELLIGENCE. RED IDEAS may apply into use any automated systems or algorithms, whether self-developed or sourced from third-parties, designed for, inter alia, data analysis and insights generation, personalised recommendations and content, and automated customer service support (“Artificial Intelligence” or “AI”) within JaGa Product or any part of it. AI systems may be used to collect and process data and personal data to improve its functionalities and other operational purposes, as outlined in the Privacy Policy. By using and/ or accessing JaGa Product, you acknowledge that any outputs generated from the AI are provided on “as is” basis and may not always be contextually accurate of which may involve probabilistic estimations or assumptions. You acknowledge and agree that you shall bear sole responsibilities for any actions, decisions or outcomes resulting from reliance on the AI outputs in JaGa Product. RED IDEAS disclaims all liabilities for losses and damages arising from usage, errors or inaccuracies in AI outputs, AI-generated content and decisions made by you based on such AI outputs and AI-generated content.

1. REPRESENTATIONS AND WARRANTIES
   By using and/or accessing the JaGa Product, You hereby acknowledge and agree (expressly warrant, represent, covenant and certify) that:
   a. You will only use the JaGa Product for lawful purposes;
   b. You will only use the JaGa Product for the purpose for which it is intended to be used;
   c. Your use and access of the JaGa Product are solely at your own risk;
   d. You will not use the JaGa Product to cause nuisance, annoyance, inconvenience or make fake activations of the Emergency Assist function;
   e. You will not impair the proper operation of the network used to provide the JaGa Product by any means whatsoever;
   f. You will not copy or distribute any part of the JaGa Product or other related content without the written permission of RED IDEAS;
   g. You will only use the JaGa Product for Your own personal use and will not resell it or lease any part of its features and/or functions to a third party;
   h. You will keep secure and confidential Your account password or any identification which allows access to the JaGa Product;
   i. You agree that the JaGa Product are provided on an “as is”, “as available” and “reasonable effort” basis only and RED IDEAS does not guarantee that any or all parts of the JaGa Product will be able to satisfy and meet Your requirements;
   j. All information that you provide to RED IDEAS is true, complete and accurate. You agree that RED IDEAS will not be held responsible for any failure of a feature or function of the JaGa Product which may result from any inadvertence or mistake on Your part to provide accurate or complete relevant information (for example, the failure to include the appropriate international dialing codes for overseas mobile numbers or wrong address). You acknowledge that if your information is incorrect, inaccurate, not current or incomplete in any respect, RED IDEAS has the right but not the obligation to terminate this EULA and Your use of the JaGa Product at any time with or without notice;
   k. You will follow all instructions and documentation, if any, provided by RED IDEAS to you in relation to the proper use of the JaGa Product;
   l. You acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with Your use of the JaGa Product, such as your mobile or wireless service provider’s fees, and that You are solely responsible for the payment of any and all such fees;
   m. You consent to the collection, use, sharing and/or transfer of your personally identifiable information, including the transfer and processing of your information, as outlined in the Privacy Policy;
   n. You shall not allow any other party to access the JaGa Product and alter, change or modify any of the information and/or settings without Your express authorization; and
   o. If you are using the JaGa Product on an iOS product, you agree to and acknowledge the “Notice Regarding Apple” below.
2. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
   You expressly acknowledge that use of the JaGa Product is at your own risk. To the fullest extent permissible under applicable law, the JaGa Product is supplied on an “as is”, “as available” and “as reasonable” basis. RED IDEAS, its affiliates and/or subsidiaries do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to (a) its conformity, accuracy, currentness, completeness, reliability or security; (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; or (d) Your satisfaction of any information or features available through the JaGa Product, or the quality or consistency of the JaGa Product. RED IDEAS does not warrant that the JaGa Product will be uninterrupted or error-free; that defects will be corrected; that any information displayed or distributed through the JaGa Product or in the documentation will be accurate or complete; or that the JaGa Product is free of errors, viruses, bugs, malware or other harmful or defect components. You assume all responsibility for selecting the JaGa Product to achieve your intended results, and for the installation of, use of, and results obtained from the JaGa Product. To the fullest extent permissible under applicable law, in no event will RED IDEAS, its affiliates and/or subsidiaries be liable for loss or damage suffered in connection with the use of the JaGa Product or any related third party service. This includes without limitation, all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise; direct loss; accidental loss; incidental loss; consequential loss; and indirect loss. arising out of or in connection with Your access or use of, or inability to access or use of, the JaGa Product and any information available therefrom, even if RED IDEAS has been advised of the possibility of such liability, and notwithstanding any failure of essential purpose of any limited remedy. In no event will RED IDEAS’s total cumulative liability arising from or related to Your use of the JaGa Product, whether in contract or tort, exceed Ringgit Malaysia Five (RM5.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Further, RED IDEAS shall not be liable for failing to perform any of its obligations which may result from any condition beyond its reasonable control, including but not limited to, domain name server issues, labour strikes or shortages, riots, insurrection, fire, flood or other acts of God, communication or power failures, lost or unavailable network connections, incomplete or delayed computer transmissions, or internet disturbances. You acknowledge and agree that the entire risk arising out of Your use of the JaGa Product remains solely and absolutely with You and You shall have no recourse whatsoever against RED IDEAS, its affiliates and/or subsidiaries.
3. INDEMNITIFICATION
   You are solely responsible for any damage caused to RED IDEAS, its affiliates and/or subsidiaries, other users of the JaGa Product or any other individual or legal entity as a result of Your violation of this EULA. You hereby agree to defend, indemnify and keep indemnified RED IDEAS and its affiliates, officers, directors, employees, agents, business partners and licensors against any and all claims, actions, suits, losses, proceedings, and all related liabilities, damages, settlements, penalties, costs or expenses (including, but not limited to reasonable attorneys’ fees and other dispute resolution expenses) incurred by RED IDEAS directly or indirectly attributable to Your fault and/or resulting from (a) a violation of any provision of this EULA; or (b) your use or misuse of the JaGa Product.
4. TERM AND TERMINATION
   The EULA is effective from the earlier of the date You download or use the JaGa Product, until terminated according to its terms. You and RED IDEAS may terminate this EULA, at any time, for any reason. You may terminate the EULA by uninstalling and discontinuing Your use of the JaGa Product. Termination by RED IDEAS will be effective upon (a) notice to You; or (b) termination of Your account (if any); or (c) at the time of RED IDEAS’s decision to discontinue offering and/or supporting the JaGa Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. All rights and licenses granted to You under this EULA will terminate immediately upon your breach of the EULA. Upon termination for any reason, You must immediately uninstall the JaGa Product.
   
   Sections entitled Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification and Miscellaneous shall survive any termination of this EULA.
5. CHANGES TO THIS EULA OR TO THE JAGA PRODUCT
   RED IDEAS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the EULA link located on the JaGa Product or on https://jagasolution.com/. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 7 and must immediately uninstall the JaGa Product. Your continued use of the JaGa Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
   
   RED IDEAS may modify the JaGa Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the JaGa Product. You agree that the JaGa Product may install or download the modifications automatically. You agree that RED IDEAS may stop to support previous versions of the JaGa Product upon availability of an updated version.
6. MISCELLANEOUS
   9.1 This EULA, the terms of use and all policies referenced herein constitute the entire agreement between RED IDEAS and You concerning the subject matter hereof.
   9.2 The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
   9.3 This EULA shall be governed by and interpreted under the laws of Malaysia regardless of your country of origin or where you use and/or access the JaGa Product. All actions relating to this EULA and the JaGa Product shall be brought in a court of competent jurisdiction in Malaysia.
   9.4 The failure of either party to enforce any rights granted under this EULA or to take action against the other party in the event of any breach of this EULA shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
   9.5 If for any reason a court of competent jurisdiction finds any provision of this EULA or any portion of it to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible and the remainder of this EULA shall continue in full force and effect.
   9.6 You may not assign your rights under this EULA to any party without RED IDEAS’s consent in writing.
7. NOTICE REGARDING APPLE
   You acknowledge that this EULA is between you and RED IDEAS only, not with Apple Inc. (“Apple”), and Apple is not responsible for the JaGa Product and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the JaGa Product. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the JaGa Product. Apple is not responsible for addressing any claims by you or any third party relating to the JaGa Product or your use and/or access of the JaGa Product, including, but not limited to (i) product liability claims; (ii) any claim that the JaGa Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party’s claim that your use and access of the JaGa Product infringe that third party’s intellectual property rights. You agree to comply with any applicable third party’s terms, when using and accessing the JaGa Product. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party’s beneficiary of this EULA.
   
   

Last Updated: 10th December 2024.