Terms of Service

By accessing, registering for, or using the HexaOS platform ("Platform"), operated by Smile Creator Sdn Bhd (Company No. [Registration Number]), a private limited company duly incorporated under the laws of Malaysia ("the Company", "we", "us", or "our"), you ("Subscriber") hereby acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), together with all policies, guidelines, and supplementary terms incorporated herein by reference, as amended from time to time at the sole discretion of the Company. If you do not accept these Terms in their entirety, you are not authorised to access or use the Platform and must immediately cease all such access or use. These Terms constitute a legally binding agreement between the Company and the Subscriber and shall be enforceable to the fullest extent permitted by the laws of Malaysia.

The Platform is a Software-as-a-Service ("SaaS") clinic management solution designed for use by dental and medical clinics operating within Malaysia and such other jurisdictions as the Company may designate from time to time. The Platform provides, inter alia, tools for appointment scheduling and management, patient record administration, billing and invoicing, laboratory request reconciliation, doctor payroll computation, and patient communication via the Meta WhatsApp Business Cloud API ("WhatsApp API"), for use by both single-branch clinic operators and multi-branch clinic groups. The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, or discontinue any feature or functionality of the Platform, in whole or in part, at any time, provided that the Company shall endeavour to provide reasonable advance notice of material changes affecting Subscriber workflows.

By entering into these Terms, the Subscriber represents, warrants, and undertakes on a continuing basis that: (a) all patient records, medical and clinical notes, billing records, and other clinical data entered into the Platform by the Subscriber's authorised personnel are and shall remain the sole responsibility of the Subscriber, and the Company shall bear no liability whatsoever for the accuracy, completeness, or lawfulness of such data; (b) the Subscriber shall at all times comply with all applicable laws and regulations governing the collection, storage, and processing of patient data, including without limitation Malaysia's Personal Data Protection Act 2010 ("PDPA 2010"), and all applicable healthcare data regulations; (c) the Subscriber shall maintain and enforce appropriate security policies governing the use of login credentials by its authorised personnel and shall ensure that access to the Platform is restricted exclusively to individuals duly authorised by the Subscriber; and (d) the Subscriber shall not misuse the Platform, attempt to gain unauthorised access to any part of the Platform or its underlying systems, attempt to reverse-engineer or decompile any component of the Platform, or use the Platform for any purpose that is unlawful, fraudulent, or contrary to these Terms.

The Platform's integration with the Meta WhatsApp Business Cloud API is provided subject to the following conditions, which the Subscriber acknowledges and accepts: (a) the Subscriber shall at all times comply with Meta's WhatsApp Business Policy (as published at www.whatsapp.com/legal/business-policy and as amended from time to time by Meta Platforms, Inc.), and any breach of such policy by the Subscriber shall be the Subscriber's sole responsibility and may result in suspension or termination of the Subscriber's WhatsApp Business Account by Meta; (b) the Subscriber shall obtain all necessary consents from patients prior to initiating WhatsApp communications via the Platform, in compliance with the PDPA 2010 and Meta's messaging consent requirements; (c) the Subscriber shall not use the Platform's WhatsApp integration to transmit unsolicited messages, promotional content not authorised under Meta's policies, content that is defamatory, obscene, or otherwise unlawful, or any content that could expose the Company or Meta to regulatory or legal liability; (d) WhatsApp conversation charges, as determined by Meta's then-current pricing schedule, are levied directly by Meta Platforms, Inc. and are entirely separate from and not included within the Subscriber's Platform subscription fees; and (e) the Company shall not be liable for any interruption, delay, or failure of WhatsApp messaging services arising from Meta's infrastructure, any modification of Meta's policies or API specifications, or any suspension or termination of the Subscriber's WhatsApp Business Account by Meta.

The Platform is made available to Subscribers on a subscription basis, subject to the following terms: (a) subscription fees applicable to the Subscriber's chosen plan are set out in the applicable subscription agreement and are payable in advance on a monthly or annual basis, as agreed between the parties; (b) failure by the Subscriber to maintain payment of subscription fees when due may result in the suspension of access to the Platform, subject to such grace periods as the Company may determine at its discretion; (c) the Subscriber may terminate its subscription at any time by providing written notice to the Company, whereupon access to the Platform shall continue until the expiry of the then-current billing period, after which access shall cease and no refund shall be payable in respect of any unused portion of the prepaid period; (d) upon termination of a subscription, whether by the Subscriber or by the Company, the Subscriber may submit a written request for a full export of all clinic data held within the Platform, which the Company shall provide within fourteen (14) business days of receipt of such request; and (e) the Company shall provide Subscribers with not less than thirty (30) days' advance written notice of any material change to subscription fees.

To the maximum extent permitted by applicable Malaysian law, the following limitations and exclusions of liability shall apply: (a) the Company and its directors, officers, employees, and agents shall not be liable for any loss, damage, or liability arising from any patient data entered, modified, deleted, or otherwise processed by the Subscriber's personnel using the Platform; (b) the Company shall not be liable for any clinical decisions, medical outcomes, diagnoses, or treatment outcomes arising from or connected with information stored, generated, or displayed within the Platform; (c) the Company shall not be liable for any interruption, failure, or error in WhatsApp messaging services arising from Meta's infrastructure, policy changes, or any action taken by Meta in respect of the Subscriber's account; (d) the Company's total aggregate liability to the Subscriber for any and all claims arising from or connected with the use of the Platform, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total subscription fees actually paid by the Subscriber in the twelve (12) calendar months immediately preceding the event giving rise to the claim; and (e) the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity, whether or not the Company has been advised of the possibility of such damages.

All intellectual property rights subsisting in the Platform, including without limitation its software, source code, object code, design elements, user interface, trademarks, service marks, and branding, are and shall remain the sole and exclusive property of the Company or its licensors. Nothing in these Terms shall be construed as conferring upon the Subscriber any proprietary interest in the Platform or any component thereof beyond the limited, non-exclusive, non-transferable licence to use the Platform solely for the Subscriber's internal clinical operations during the term of the applicable subscription. Notwithstanding the foregoing, the Subscriber retains full ownership of all patient data, clinical records, and other clinic-specific data input into the Platform by the Subscriber's personnel, and the Company claims no proprietary interest in such data beyond that which is necessary for the provision of the Platform services.

These Terms shall be governed by, construed, and enforced in accordance with the laws of Malaysia, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, breach, or termination, shall be subject to the exclusive jurisdiction of the courts of Malaysia, and the parties hereby irrevocably submit to such jurisdiction. The parties agree that prior to the commencement of any formal legal proceedings, they shall make good faith efforts to resolve any dispute through direct communication and negotiation.

The Company reserves the right to amend, modify, or replace these Terms at any time at its sole discretion. In the event of a material change to these Terms, the Company shall provide Subscribers with not less than fourteen (14) days' advance notice of such change, by electronic mail to the registered email address of the Subscriber's account holder or by prominent in-Platform notice. The Subscriber's continued use of the Platform following the expiry of such notice period shall constitute the Subscriber's acceptance of the amended Terms. If the Subscriber does not accept the amended Terms, the Subscriber must notify the Company in writing prior to the expiry of the notice period and may terminate its subscription in accordance with Section 5 of these Terms.

All formal notices, requests, and correspondence required or permitted under these Terms shall be directed to Smile Creator Sdn Bhd by electronic mail at hello@hexaos.ai, with the subject line clearly identifying the nature of the communication. The Company shall acknowledge all formal notices within seven (7) business days of receipt. These Terms were last reviewed and updated on 1 August 2026 and supersede all prior terms of service, end-user licence agreements, and service agreements previously published by the Company in connection with the Platform.