This EULA Terms of Service document is essential for any organization providing software or digital services in Malaysia. It serves as a legally binding agreement between the service provider and end users, incorporating specific requirements of Malaysian legislation such as the Personal Data Protection Act 2010, Consumer Protection Act 1999, and Electronic Commerce Act 2006. The document should be used when launching new software products or digital services in Malaysia, updating existing terms of service, or expanding operations into the Malaysian market. It covers crucial aspects including license grants, usage rights, data protection, privacy policies, warranty disclaimers, and liability limitations, all aligned with Malaysian legal requirements. The agreement is structured to protect both the provider's interests and user rights while ensuring compliance with Malaysian digital commerce and consumer protection regulations.
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Key Requirements PROMPT example:
EULA Terms Of Service
"I need a EULA Terms of Service for my new mobile gaming app launching in Malaysia in March 2025, which will include in-app purchases and user data collection for gameplay optimization."
1. Parties: Identifies the software provider/service provider and the user/licensee
2. Background: Brief context about the software/service and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Scope of the license, usage rights, and restrictions
5. Acceptable Use: Permitted and prohibited uses of the software/service
6. Intellectual Property Rights: Declaration of ownership and IP rights protection
7. User Obligations: User responsibilities and compliance requirements
8. Privacy and Data Protection: Data collection, processing, and protection policies in compliance with PDPA 2010
9. Disclaimers and Warranties: Extent of warranties provided and disclaimers of liability
10. Limitation of Liability: Limits on provider's liability in accordance with Malaysian law
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction
13. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Subscription Terms: For subscription-based services, detailing payment terms, renewal, and cancellation
2. Third-Party Services: When the software/service integrates with third-party services
3. User Content: When users can create, upload, or share content through the service
4. API Usage Terms: When providing API access as part of the service
5. Enterprise User Terms: Special terms for enterprise or business users
6. Beta Testing Terms: For software/services offering beta or preview features
7. Geographic Restrictions: When service availability varies by region
8. Hardware Requirements: When specific hardware is required to use the software
1. Privacy Policy: Detailed privacy and data protection policies required by PDPA 2010
2. Acceptable Use Policy: Detailed guidelines on acceptable and prohibited uses
3. Service Level Agreement: Technical specifications and service level commitments
4. Fee Schedule: Pricing details and payment terms for paid services
5. Technical Requirements: Detailed technical specifications and system requirements
6. Data Processing Agreement: Detailed terms for processing personal data in compliance with PDPA
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
E-commerce
Digital Services
Mobile Applications
Cloud Computing
Enterprise Software
Financial Technology
Healthcare Technology
Education Technology
Gaming and Entertainment
Internet of Things
Telecommunications
Relevant Teams
Legal
Compliance
Product Development
Information Security
Privacy
Customer Success
Operations
Risk Management
Software Development
Technical Support
Business Development
User Experience
Relevant Roles
Legal Counsel
Privacy Officer
Compliance Manager
Software Development Manager
Product Manager
Chief Technology Officer
Chief Legal Officer
Chief Information Security Officer
Risk Manager
Customer Success Manager
Operations Director
Business Development Manager
Product Owner
Digital Services Manager
IT Director
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