Terms & Conditions

Last Updated: 11 July 2026
These Terms & Conditions (“Terms”) govern your access to and use of the Xilnex cloud retail management platform, including the Xilnex point-of-sale software, back-office applications, mobile applications, integrations (including the Xilnex app for Lark), related hardware, and support services (collectively, the “Service”), provided by Xilnex Holdings Sdn. Bhd. (Company Registration No. 200701041800 (799832-T)) (formerly known as Web Bytes Sdn. Bhd.), a company incorporated in Malaysia with its principal place of business at Unit 70-3-71, D’Piazza Mall, Jalan Mahsuri, Bayan Baru, 11900 Pulau Pinang, Malaysia (“Xilnex”, “we”, “us”, “our”).

By creating an account, subscribing to, installing, or using the Service — including installing or authorising the Xilnex app from the Lark App Directory — you (“Merchant”, “you”, “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.

SECTION A – GENERAL TERMS

1. Application of Terms

1.1 These Terms apply from the earlier of: (a) the date you create a Xilnex account; (b) the date you first access or use the Service; or (c) the date you accept a Xilnex order form, quotation, or subscription plan.
1.2 You warrant that you are at least 18 years of age, are acquiring the Service for business purposes, and have authority to bind the business entity on whose behalf you use the Service.
1.3 If you use the Service on behalf of a company or other legal entity, “you” refers to that entity, and these Terms bind that entity.

2. Changes to These Terms

2.1 We may amend these Terms from time to time. We will notify you of material changes by email to your registered address, by notice within the Service, or by posting the updated Terms on our website at least thirty (30) days before they take effect (except changes required by law, which may take effect immediately).
2.2 Your continued use of the Service after the effective date of any change constitutes acceptance of the amended Terms. If you do not agree to a change, you may terminate your subscription in accordance with clause B3 before the change takes effect.

3. Definitions

  • “Data” means all data, content, and information (including Personal Information, sales records, inventory, customer records, and transaction data) entered into or stored in the Service by you or on your behalf.
  • “Analytical Data” means anonymised and aggregated data derived from Data or from your use of the Service, which does not identify you or any individual.
  • “Fees” means the Subscription Fees, hardware charges, implementation and training charges, and any other charges payable under your subscription plan or order form.
  • “Personal Information” means personal data as defined under the Personal Data Protection Act 2010 (Malaysia) (“PDPA”) or other applicable data protection law.
  • “Subscription Period” means the monthly or annual period for which you have subscribed and paid.
  • “Third-Party Services” means products, services, platforms, or APIs not provided by Xilnex, including Lark (Lark Technologies Pte. Ltd. and its affiliates), payment gateways, e-commerce marketplaces, delivery platforms, and accounting systems.
  • “Force Majeure” means any event beyond a party’s reasonable control, including natural disaster, epidemic, war, terrorism, riot, government action, power or telecommunications failure, and failure of third-party hosting or network providers.

4. Provision of the Service

4.1 We grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your Subscription Period, subject to these Terms and payment of the Fees.
4.2 We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, availability is not guaranteed. Access may be interrupted for scheduled maintenance (for which we will endeavour to give advance notice), emergency maintenance, Force Majeure, or failures of Third-Party Services.
4.3 We may enhance, modify, or discontinue features of the Service. If we discontinue a material feature that you have paid for, we will give you reasonable notice.
4.4 Support is provided in accordance with your subscription plan through our designated support channels.
4.5 Beta features. We may make pre-release or beta features available to you on an optional basis. Beta features are provided “as is”, may be modified or withdrawn at any time, are excluded from any warranty or availability commitment, and must be treated as our Confidential Information.

5. Your Use of the Service

5.1 You must: (a) use the Service only for lawful, internal business purposes; (b) keep your login credentials secure and confidential; (c) ensure your staff and authorised users comply with these Terms; and (d) comply with all applicable laws, including licensing, consumer protection, tax, and data protection laws applicable to your business.
5.2 You must not: (a) resell, sublicense, rent, or make the Service available to any third party except as permitted; (b) copy, modify, reverse engineer, or create derivative works of the Service; (c) use the Service to store or transmit malicious code, or infringing, unlawful, or offensive material; (d) attempt to gain unauthorised access to the Service or its related systems; (e) use the Service to sell goods or services that are illegal in your jurisdiction; or (f) use the Service in a manner that degrades its integrity or performance.
5.3 You are responsible for all activity that occurs under your account, whether or not authorised by you, until you notify us of any compromise of your credentials.
5.4 You are responsible for procuring and maintaining, at your own cost, the internet connections, devices, and operating environment needed to access the Service.

6. Data, Privacy & PDPA

6.1 You own your Data. You retain all rights, title, and interest in the Data. You grant us a licence to host, copy, process, transmit, and display the Data solely as necessary to provide the Service, provide support, comply with law, and as otherwise permitted by these Terms.
6.2 We will process Personal Information in accordance with the PDPA and our Privacy Policy, which forms part of these Terms.
6.3 You warrant that you have obtained all necessary consents from your customers, employees, and other individuals whose Personal Information you enter into the Service, and that your collection and our processing of that Personal Information complies with applicable law. You indemnify us against claims arising from your breach of this warranty.
6.4 Analytical Data. We may create and use Analytical Data to operate, improve, benchmark, and develop the Service. Analytical Data belongs to us and will not identify you or any individual.
6.5 Backups. We maintain routine backups as part of the Service, but you remain responsible for maintaining your own copies of Data that you require for legal, tax, or accounting purposes. To the maximum extent permitted by law, we are not liable for loss of Data except where caused by our wilful misconduct.
6.6 Cross-border processing. You consent to Data being hosted and processed on cloud infrastructure that may be located outside Malaysia, subject to safeguards consistent with applicable data protection law.
6.7 Data return and deletion. For thirty (30) days after termination, you may request an export of your Data in a standard format. After that period, we may permanently delete the Data, except where retention is required by law.

7. Intellectual Property

7.1 We (and our licensors) own all intellectual property rights in the Service, including software, systems, documentation, and trademarks. Nothing in these Terms transfers any such rights to you.
7.2 Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation.
7.3 You grant us a licence to use your business name and logo to identify you as a customer in our marketing materials. You may withdraw this permission by written notice.

8. Confidentiality

8.1 Each party must keep confidential all non-public information disclosed by the other party in connection with the Service, and use it only for purposes of these Terms.
8.2 This obligation does not apply to information that: (a) is or becomes public through no fault of the recipient; (b) was lawfully known to the recipient before disclosure; (c) is independently developed; or (d) must be disclosed by law or regulatory authority (with notice to the discloser where lawful).

9. Warranties & Disclaimers

9.1 We warrant that we will provide the Service with reasonable care and skill.
9.2 Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all other warranties, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement. Where any warranty is implied by law and cannot be excluded, our liability for its breach is limited in accordance with clause 11.
9.3 You acknowledge that the Service is acquired for the purposes of a business and, to the extent permitted by law, consumer protection legislation does not apply.
9.4 We do not warrant that the Service will be error-free or uninterrupted, or that it will meet all of your requirements. You are responsible for verifying the accuracy of reports and outputs before relying on them for business, tax, or regulatory decisions.

10. Third-Party Services & Integrations (including Lark)

10.1 The Service interoperates with Third-Party Services, including the Xilnex app for Lark, payment gateways, marketplaces, delivery platforms, and accounting software. Your use of any Third-Party Service is governed by that provider’s own terms and privacy policy, and you are responsible for complying with them.
10.2 Lark integration. When you install or authorise the Xilnex app from the Lark App Directory: (a) you authorise Xilnex to exchange Data between your Xilnex account and your Lark workspace to the extent of the permissions you approve at installation (for example: identity, messaging/notifications, and document scopes); (b) we access only the Lark data reasonably required to deliver the integration’s features, and we do not sell such data; (c) your use of Lark itself remains subject to Lark’s User Terms of Service and Privacy Policy; and (d) either you or we may disable the integration at any time without affecting your core Xilnex subscription.
10.3 We are not responsible for the availability, performance, security, or data practices of any Third-Party Service, or for any loss arising from changes to, or discontinuation of, a Third-Party Service’s APIs. If a Third-Party Service ceases to make its platform available to us on reasonable terms, we may cease providing the relevant integration without liability, and will give notice where practicable.
10.4 Data synchronised through integrations may be subject to delay or failure. You are responsible for verifying the accuracy and completeness of synchronised records.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, neither party is liable to the other for any indirect or consequential loss, or for loss of profits, revenue, business, anticipated savings, goodwill, or data, however arising.
11.2 To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Service in any twelve (12) month period is limited to the total Fees paid by you in that twelve (12) month period. Where any warranty or condition is implied by law and cannot be excluded, our liability for breach of that implied warranty or condition is limited to RM500 per claim.
11.3 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or wilful misconduct; or (c) any liability that cannot be excluded by law.
11.4 Your obligations to pay Fees and your indemnity obligations are not subject to the cap in clause 11.2.

12. Indemnity

You indemnify us against all claims, losses, damages, and costs (including reasonable legal fees) arising from: (a) your Data or your use of the Service in breach of these Terms or applicable law; (b) your goods or services sold using the Service; (c) your breach of clause 6.3 (data consents); or (d) claims by your customers, staff, or authorised users, except to the extent caused by our breach of these Terms.

13. Suspicious or Fraudulent Activity

We may suspend or restrict your account, or refuse to process particular transactions or activities, where we reasonably suspect fraud, unlawful activity, or a security threat. You must cooperate with any reasonable investigation. Where lawful, we will notify you of the reason for suspension and restore access once resolved.

14. General

14.1 Force Majeure. Neither party is liable for failure to perform (other than payment obligations) caused by Force Majeure.
14.2 Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
14.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
14.4 Notices. Notices may be given by email to your registered email address, by notice within the Service, or by post to the registered addresses. Notices are deemed received one business day after email transmission.
14.5 Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder remains in force.
14.6 Entire agreement. These Terms, together with your order form/subscription plan and our Privacy Policy, constitute the entire agreement between the parties regarding the Service, and supersede prior agreements on the same subject.
14.7 No waiver. A failure to enforce any provision is not a waiver of it.
14.8 Survival. Clauses 6 (Data), 7 (IP), 8 (Confidentiality), 11 (Liability), 12 (Indemnity), and 15 (Governing Law), and any payment obligations accrued before termination, survive termination.
14.9 Language. These Terms are drawn up in English. If translated, the English version prevails.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia.

 

SECTION B – SUBSCRIPTION, FEES & TERMINATION

B1. Subscription Fees & Payment

B1.1 Fees are set out in your order form or subscription plan and are payable in advance for each Subscription Period (monthly or annual).
B1.2 Except as expressly stated in these Terms or required by law, all Fees are non-refundable and non-transferable, including where: (a) you change your mind or cease trading; (b) you downgrade or stop using the Service mid-cycle; (c) your business is sold or transferred; or (d) your account is terminated for breach.
B1.3 All Fees are exclusive of Sales and Service Tax (SST) and any other applicable taxes, which will be added at the prevailing rate. We will issue tax invoices in accordance with Malaysian law.
B1.4 We may revise Fees by giving you at least thirty (30) days’ written notice. Revised Fees apply from your next Subscription Period. If you do not accept a Fee revision, you may terminate under clause B3.1 before it takes effect.
B1.5 If you dispute an invoice, you must notify us within fourteen (14) days of the invoice date, failing which the invoice is deemed accepted. Undisputed amounts remain payable when due.
B1.6 If Fees are overdue, we may: (a) charge late interest at 1.5% per month on overdue amounts; (b) suspend the Service after seven (7) days’ notice; and (c) set off amounts you owe against any amounts we owe you.

B2. Hardware

B2.1 Hardware (POS terminals, printers, cash drawers, scanners, and peripherals) sold by us is subject to the manufacturer’s warranty or, where stated in your order form, a twelve (12) month limited warranty against defects in materials and workmanship from the date of delivery.
B2.2 The hardware warranty does not cover: accident, misuse, liquid damage, electrical surge, unauthorised repair or modification, removal of serial numbers, consumables, or normal wear and tear. Our sole obligation under warranty is, at our option, to repair, replace, or refund the purchase price of the defective item. An extended warranty may be available for purchase at our published rates; extended warranties are non-transferable and exclude peripherals and consumables.
B2.3 All hardware sales are final. Risk in hardware passes to you on delivery; title passes on full payment.

B3. Term, Termination & Suspension

B3.1 Your subscription continues for the Subscription Period and renews automatically unless either party gives notice of non-renewal at least thirty (30) days before the end of the current Subscription Period.
B3.2 Either party may terminate immediately by written notice if the other party: (a) commits a material breach that is not remedied within ten (10) days of written notice; or (b) becomes insolvent, enters liquidation, or has a receiver appointed.
B3.3 We may suspend the Service (in whole or part) immediately where reasonably necessary to: (a) address a security threat; (b) respond to suspected fraud or unlawful use; (c) comply with law; or (d) address non-payment under clause B1.6.
B3.4 On termination: (a) your right to use the Service ceases; (b) accrued Fees remain payable and no refund is due for any unused portion of a Subscription Period (except where you terminate for our uncured material breach, in which case we will refund the unused pro-rata portion of prepaid Fees); and (c) Data export and deletion are handled under clause 6.7.

 

SECTION C – CONTACT
Xilnex Holdings Sdn. Bhd. (Company Registration No. 200701041800 (799832-T))Headquarters: Unit 70-3-71, D’Piazza Mall, Jalan Mahsuri, Bayan Baru, 11900 Pulau Pinang, MalaysiaRegional office: G-21, PJ Midtown, Jalan Kemajuan, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia
  • Support: info@xilnex.com | +604 611 0162
  • Legal / notices: info@xilnex.com (Attn: Legal)
  • Website: https://xilnex.com
  • Privacy Policy: see the Xilnex Privacy Policy (published alongside these Terms)
If you have installed the Xilnex app from the Lark App Directory, these Terms and our Privacy Policy govern your use of that app. Lark is a product of Lark Technologies Pte. Ltd.; Xilnex is not affiliated with Lark, and your use of Lark is governed by Lark’s own terms.