Terms of Service

These Terms govern your access to and use of the Services. They incorporate by reference the following documents, each as amended from time to time (together with these Terms, the "Agreement"): the Privacy Policy, the Cookie & Tracking Policy, the Acceptable Use Policy, the Data Processing Agreement, the Refund & Cancellation Policy and the AI & Content Disclaimer, together with any order form, plan description or checkout page you accept.

If there is a conflict, the following order of precedence applies (highest first): (a) a signed order form or written agreement expressly varying these Terms; (b) the Data Processing Agreement, solely in respect of the processing of personal data; (c) these Terms; (d) the other incorporated policies; and (e) documentation and help content.

If you accept these Terms on behalf of a company, organisation or other legal entity, you represent and warrant that you have authority to bind that entity, and "Customer", "you" and "your" refer to that entity. If you do not have such authority, you must not accept these Terms or use the Services.

You agree that these Terms may be accepted electronically and that electronic acceptance, records and communications have the same legal effect as signed paper documents, including for the purposes of the Electronic Commerce Act 2006 (Malaysia) and equivalent laws in other jurisdictions.

In these Terms, the following capitalised words have the meanings below:

Headings are for convenience only. "Including" and similar words mean "including without limitation". References to a law include that law as amended or re-enacted and any subsidiary legislation.

DCK VISIBILITY 360 is an AI visibility and growth platform for businesses. Depending on your plan, the Services may include: website analysis and crawling; technical SEO scoring and diagnostics; keyword and competitor research using search-results data; rank tracking; AI visibility checks that query third-party AI Providers and record whether and how your brand is mentioned or cited; AI-assisted generation of articles, social posts, metadata and other content; publication of content to your website, a DCK VISIBILITY 360-hosted blog on your domain, and your Connected Accounts; submission of published URLs to search engines; analytics and conversion tracking via the Tracking Script; performance reports; and related support.

We may add, change, suspend or remove features, integrations, AI Providers, data sources, limits and plan contents at any time, including to respond to changes made by third-party platforms, legal or security requirements, or cost changes. If we materially reduce the core functionality of a paid plan during a paid billing period, you may cancel and, as your sole remedy, receive a pro-rata refund of prepaid Fees for the unused remainder of that period.

Features labelled "beta", "preview", "experimental", "early access" or similar, and any free Services (including HALO Reports and free tools), are provided as is, may be changed or withdrawn without notice, may be subject to additional terms and are excluded from any support or service commitment.

No service-level agreement. Unless we have agreed a written service-level agreement with you, we do not commit to any availability, uptime, response or resolution time. We will use commercially reasonable efforts to keep the Services available, but they may be interrupted for maintenance, upgrades, emergencies or reasons outside our control.

Support is provided by email, in-app channels or WhatsApp during our normal business hours in Malaysia, on a commercially reasonable efforts basis, unless your plan states otherwise.

Custom AI bot development, consultations, onboarding concierge and other professional services ("Additional Services") are governed by these Terms together with any proposal, quotation or statement of work we agree with you, which prevails for the Additional Services it describes.

Business use only. The Services are offered exclusively to businesses, organisations and professionals for purposes relating to their trade, business, craft or profession. You confirm that you are not acting as a consumer. To the maximum extent permitted by law, consumer-protection legislation that applies only to consumers (including, where applicable, the Consumer Protection Act 1999 (Malaysia)) does not apply to your use of the Services.

Age. You and every User must be at least 18 years old and have legal capacity to enter into contracts. The Services are not directed at children and must not be used by anyone under 18.

You must provide accurate, current and complete registration, billing and website information and keep it up to date. We may verify your identity, business details or ownership or control of any website or Connected Account (for example by DNS record, meta tag, file upload or OAuth), and we may refuse, suspend or limit any website, account or feature that cannot be verified.

You are responsible for: (a) keeping your credentials, API keys and recovery codes confidential; (b) all activity under your account, whether or not authorised by you; (c) the acts and omissions of your Users as if they were your own; and (d) promptly notifying us at privacy@dckvisibility360.com of any actual or suspected unauthorised access. We are not liable for any loss caused by unauthorised use of your credentials.

Agencies. If you use the Services on behalf of your clients, you represent and warrant that you have each client's authority to connect its websites and accounts, to deploy the Tracking Script, to publish content for it and to share its data with us; you remain fully responsible to us for all use of the Services for your clients; and your clients are not third-party beneficiaries of these Terms. You must not resell or white-label the Services without our prior written agreement.

You must not create accounts by automated means, create multiple accounts to evade limits, a suspension, or the eligibility rules of a promotion or our money-back guarantee, or share a single User login among multiple individuals.

Plans. Our current standard plan is DCK VISIBILITY 360 Growth, for 1 website, at MYR 1,000 per month (a launch promotional price; regular price MYR 2,999 per month), billed monthly with a minimum term of 3 months (Section 5.13), with the features and limits described on our pricing page or checkout at the time of purchase. Unless stated otherwise, all prices are quoted in Malaysian Ringgit (MYR) and exclude applicable Malaysian taxes (Section 5.4). We may also offer add-ons and custom plans.

Automatic renewal. Each Subscription renews automatically for successive monthly billing periods at the then-current Fees — during the Minimum Term (Section 5.13) and afterwards — until it ends in accordance with these Terms. By subscribing, you authorise us and our payment processors to charge your selected payment method (or to invoice you, where you pay by invoice) at the start of each billing period, without further action by you, until your Subscription ends.

Payment processors. Payments are processed by Stripe and PayPal (each a "Payment Processor") under their own terms and privacy policies, which you must accept. Payments are processed by DCK VISIBILITY 360's payment providers (Stripe, PayPal) and may appear on your card or account statement under the merchant name shown at checkout. We do not receive or store your full card number. We are not responsible for the acts or omissions of any Payment Processor. If you purchase through Apple's App Store or Google Play, the store's terms govern that payment and any refund (see Annex A).

Taxes. Fees exclude all applicable Malaysian taxes, including Sales and Service Tax (SST) on digital services, and any value added tax, goods and services tax, digital-services tax, withholding tax or similar taxes in your country, which you must pay in addition where they apply. If you are required by law to withhold any tax, you must gross up your payment so that we receive the full amount invoiced. You are responsible for providing accurate tax-identification and location information.

Price changes. We may change our Fees or plan contents. We will give you at least 30 days' notice of any increase in the Fees for your existing Subscription, by email or in-app. The new Fees apply from your next renewal after the notice period. If you do not agree, you must cancel before that renewal; continuing your Subscription constitutes acceptance.

Plan changes. Upgrades take effect immediately and may be prorated by the Payment Processor. Downgrades take effect at the next renewal and may reduce features, limits or data available to you; we are not liable for any resulting loss of content, data or functionality.

Usage limits and fair use. Each plan includes limits (for example, numbers of websites, prompts, AI visibility checks, articles, publications, API calls or AI spending budgets). We may enforce limits technically, throttle or queue activity, or pause automation when a limit is reached. Unused allowances do not roll over and have no cash value. We may suspend or charge for use that materially exceeds what is reasonable for your plan.

Late or failed payment. If a payment fails, we and the Payment Processor may retry the charge. If payment is not received within 14 days of the due date, we may suspend automation, publishing or your account until payment is made, and we may charge late-payment interest at 1% per month (or the maximum rate permitted by law, if lower) and recover our reasonable collection costs.

Refunds and cancellation. Except as expressly stated in our Refund & Cancellation Policy (including our 14-day money-back guarantee for first-time subscribers) or required by law, all Fees are non-refundable and non-creditable, including for partial billing periods, unused allowances, downgrades or periods of non-use. You may give notice of cancellation at any time in Profile → Billing or by contacting us; cancellation takes effect at the end of the then-current billing period or, if later, at the end of the Minimum Term (Section 5.13).

Chargebacks. You agree to contact us before initiating any chargeback or payment dispute. A chargeback or dispute that we consider unjustified is a material breach of these Terms; we may suspend your account pending resolution and you remain liable for the disputed amount and for any fees we incur.

Coupons and promotions. Coupons, discounts and promotional pricing are subject to the conditions stated when offered, have no cash value, cannot be combined unless stated, and may be withdrawn at any time before redemption. We may reverse benefits obtained through misuse.

All amounts are payable in the currency shown at checkout (normally Malaysian Ringgit, MYR). You are responsible for any bank, currency-conversion or cross-border fees charged by your bank or Payment Processor.

Minimum Term. DCK VISIBILITY 360 Growth is billed monthly with a minimum term of 3 consecutive months starting on the date of your first successful payment (the "Minimum Term"). You accept the Minimum Term at checkout before you pay. During the Minimum Term:

• (a)you agree to pay the monthly Fee for each of the 3 monthly billing periods of the Minimum Term, and we will continue to charge (or invoice) each monthly Fee when due;
• (b)you may give notice of cancellation at any time, but it takes effect at the end of the Minimum Term — your account shows the date on which the Subscription will end, and you keep access to the Services until then;
• (c)renewals, plan changes and repeated or delayed payment notifications do not restart or extend the Minimum Term.

After the Minimum Term. Your Subscription continues month to month and you can cancel anytime; cancellation then takes effect at the end of the monthly billing period you have paid for. A refund approved under the 14-day money-back guarantee in our Refund & Cancellation Policy ends the Subscription, including any remaining Minimum Term, on the date of the refund. We may waive all or part of the Minimum Term at our discretion; any waiver must be confirmed by us in writing or shown in your account.

Monthly content target. DCK VISIBILITY 360 Growth includes up to 480 content units per calendar month for one website, where a content unit is one published article, one published social post on one platform, or one published translation. This figure is a monthly maximum, not a minimum or guaranteed quantity. The full amount becomes available from your second month of service, while your channels are connected and either automatic publishing is switched on or you approve content regularly; during the first month new websites are ramped up gradually to protect their search standing. Content is produced only when it passes our quality checks, and the content delivered each month is shown in your dashboard.

We may provide free HALO Reports, website analyses, previews and similar materials to prospective customers. These are provided free of charge, for information only, without any warranty, and are based on automated, point-in-time samples that may be incomplete or inaccurate. They are not an offer to provide any particular result.

By requesting a HALO Report or other free material you confirm that you are authorised to request it for the website and business concerned, and you agree that we may contact you about it in accordance with the consent you gave and our Privacy Policy. We may limit, cache or refuse requests to prevent abuse.

Your Customer Content. As between you and us, you retain all rights in your Customer Content. You grant us and our Affiliates and subprocessors a worldwide, non-exclusive, royalty-free, sublicensable (to service providers) licence to host, copy, store, process, transmit, analyse, adapt, translate, display, publish and distribute your Customer Content as necessary to provide, secure, support and improve the Services, to comply with law and to enforce the Agreement.

Ownership of AI Output. Subject to your compliance with the Agreement and payment of the Fees, and to the terms of the relevant AI Providers, we assign to you whatever right, title and interest we may have in the AI Output generated for you. You acknowledge that: (a) AI Output may not be protected by copyright or other intellectual-property rights in some jurisdictions; (b) due to the nature of AI models, AI Output may be similar or identical to output generated for other customers or third parties, and you obtain no exclusive rights in such similar output; and (c) we do not warrant that AI Output is original, accurate, non-infringing or fit for any purpose.

Aggregated and de-identified data. We may collect and use data about the operation and use of the Services, and may derive aggregated or de-identified data from Customer Content, AI visibility checks and AI Output (for example, statistics about which content attributes are associated with citations by AI platforms in an industry or language), provided that such data does not identify you, your Users or any individual. We own such data and may use it for any lawful purpose, including improving the Services and publishing benchmarks.

Your responsibility for content. You are solely responsible for your Customer Content and for all AI Output that you publish, approve, allow to be published under Auto-Publish, download, distribute or otherwise use. You must review AI Output for accuracy, legality, originality, compliance with advertising, consumer-protection, sector-specific and platform rules, and suitability before relying on it. AI Output may contain errors, outdated or invented facts, references to real people, businesses or competitors, or statements that could be defamatory, misleading or infringing. We do not fact-check AI Output.

Disclosure. You are responsible for any labelling or disclosure of AI-generated content required by law, by advertising standards or by the policies of the platforms on which it is published.

No editorial control. We act as a technology provider. We are not the author, editor or publisher of Customer Content or AI Output, and we do not endorse it. We have no obligation to monitor or review content, but we may do so and may refuse to generate, unpublish, remove, disable or modify any content at any time if we believe it breaches the Agreement or law, or exposes us, other customers or third parties to harm.

Backups. You are responsible for maintaining your own copies of Customer Content and AI Output. Except as required by law or the Data Processing Agreement, we have no liability for the loss or corruption of any content.

Search engines, AI platforms and social networks are operated by third parties who control their own algorithms, models, indexes, ranking signals, citation behaviour and policies, change them frequently and without notice, and personalise results by user, location, language, device, account and time. Results also depend on your market, competitors, website, budget and actions that are outside our control.

Visibility scores, HALO scores, indices, estimates, forecasts, projections, traffic or lead values and ROI calculations are estimates produced by our methodologies and assumptions; AI visibility checks and rank tracking are point-in-time samples obtained through APIs and data providers and may differ from what any particular person sees. Our AI & Content Disclaimer explains which figures are measured, sampled or estimated. Any case study, example or past result is illustrative only and is not an indication of the results you will achieve.

You agree that you have not relied on any representation, statement or forecast about results that is not expressly set out in these Terms, and that no refund, credit or liability arises from a failure to achieve any ranking, visibility, traffic, lead, sales or revenue outcome.

Authorisation. By connecting a website, hosted blog or Connected Account to a publishing feature, you authorise and instruct us, as your limited agent and on your behalf, to create, schedule, publish, update, republish and (where supported) remove content on that destination, to submit published URLs and sitemaps to search engines (including via IndexNow and Google Search Console), and to take the related technical actions described in the Documentation, in each case in accordance with your plan and settings.

Approval Modes. Where your plan allows, you may choose between: (a) Review, in which AI Output is held in an approval queue and published only after you (or a User) approve it; and (b) Auto-Publish, in which AI Output that passes our automated quality checks is published without individual approval. Plan defaults and available modes are shown in the Platform. Approval by any of your Users is treated as your approval.

Auto-Publish is a standing pre-authorisation. If you enable or keep Auto-Publish (including where it is the default for your plan and you do not switch it off), you (a) give a standing instruction and pre-approval for every item published under it; (b) accept that content will go live without human review by you or by us; (c) accept full responsibility for that content as its publisher, as if you had approved each item individually; and (d) agree to monitor what is published and to use the Review mode, unpublish tools or your own platform controls if you do not wish to accept that risk.

Our automated quality checks are heuristic, are designed to assess structure and completeness, and do not verify factual accuracy, legality, originality or compliance. Passing a quality check is not an approval, review or endorsement by us.

We do not guarantee that any publication will occur at a particular time, will be formatted as intended, will not be duplicated, will remain live, or will be accepted, indexed or displayed by the destination platform or by search engines. Where technically possible we provide tools to unpublish or restore prior versions, but removal from third-party platforms, caches, search indexes, AI training data or archives is outside our control.

Hosted blogs. If we host a blog for you on your domain or subdomain (for example via a CNAME and our CDN provider), you remain responsible for the domain and for all content served on it. Our hosting of that content is subject to the Acceptable Use Policy, and we stop serving it while your Subscription is paused (Section 22.6) and may stop serving it on suspension or termination of your account, subject to the export window in Section 22.

The Services interoperate with third-party platforms and services, including Google (Search Console, Analytics, Business Profile, Gemini), Microsoft (Bing Webmaster Tools), Meta (Facebook, Instagram, Threads, WhatsApp), LinkedIn, Telegram, WordPress, Shopify, Cloudflare, Stripe, PayPal and AI Providers (together, "Third-Party Platforms"). Your use of each Third-Party Platform is governed by its own terms, policies and developer rules, which you must comply with. These may include, for example, Google's spam policies, Meta's Platform Terms and Community Standards, LinkedIn's User Agreement and the WhatsApp Business Messaging Policy.

By connecting a Connected Account, you authorise us to access, store (in encrypted form, in the case of access tokens and credentials) and use the data and permissions you grant, solely to provide the Services. You may disconnect a Connected Account at any time, after which related features will stop working.

Third-Party Platforms are not our subprocessors for your account relationship with them, are not under our control and are not our agents. We are not responsible or liable for: their availability, accuracy, data, policies, API changes, rate limits, pricing or withdrawal of access; any suspension, restriction, demotion or termination of your Third-Party Platform accounts or pages; or any loss arising from their acts or omissions. If a Third-Party Platform changes or withdraws functionality, we may modify or discontinue the affected feature without liability.

References to Third-Party Platforms and their trademarks are for identification only and do not imply any affiliation with, sponsorship by or endorsement by them.

You may deploy the Tracking Script only on websites that you own or control, or for which you have the owner's written authority. You must not modify the Tracking Script to collect additional data, and you must not use it on pages directed at children or on pages that process special-category or sensitive data (for example, health, financial account or government-identifier forms).

For personal data of Visitors collected through the Tracking Script, you are the controller (data user) and we act as your processor (data processor) under the Data Processing Agreement. You are solely responsible for: (a) providing Visitors with all legally required notices (including a privacy notice and cookie notice that describe the Tracking Script); (b) obtaining any consent required by law before the Tracking Script is loaded or stores or reads information on a Visitor's device (including under the EU ePrivacy Directive, the UK PECR, the Malaysian and Singapore Personal Data Protection Acts and the CCPA), for example through a consent-management platform; and (c) honouring Visitors' requests and choices.

The Tracking Script is designed to minimise personal data: it anonymises IP addresses before storage and does not read or transmit the values entered into form fields. These design features do not relieve you of your obligations under Section 11.2.

You authorise us to crawl and analyse the websites you register and your competitors' publicly available pages as part of the Services. You are responsible for ensuring that crawling of your own websites does not breach any agreement you have with your hosting provider.

AI visibility checks are performed by sending prompts (for example, questions a buyer might ask, and your brand or competitor names) to AI Providers through their official application programming interfaces or through licensed search-data providers, and recording the responses, mentions and citations returned at that time. We do not access consumer chat interfaces by automated scraping. Responses obtained through APIs may differ from those shown to consumers in the AI Providers' own apps.

Content generation and analysis use AI Providers' models. Your prompts, inputs and Customer Content may be transmitted to AI Providers for this purpose, subject to their terms and to our Privacy Policy. You must not submit to the Services any data that you are not permitted to share with AI Providers, and you must comply with the usage policies of the AI Providers that we notify to you or that are incorporated by reference in the Acceptable Use Policy.

We may change the AI Providers, models, model versions, prompts and methodologies we use at any time, which may change outputs, scores and historical comparisons.

Participation in the Backlink Network is optional and off by default. A website participates only if you expressly opt it in, and you may opt out at any time in the Platform. While a website participates, you authorise us to place contextual content and links to other participating websites on it (including on your hosted blog) and to place links to your website on other participating websites, subject to the relevance, frequency and anchor-text safeguards described in the Documentation.

You warrant that each website you opt in is owned or controlled by you, is lawful, and does not contain or promote adult, gambling, weapons, illegal, deceptive or otherwise prohibited content, and that you will not offer or accept payment to or from other participants for links outside the programme.

Risk acknowledgement. Search engines may treat link exchanges or networks as contrary to their guidelines and may ignore, devalue or take manual or algorithmic action against links or websites. You participate entirely at your own risk. We make no warranty as to any benefit from the Backlink Network and are not liable for any loss of rankings, traffic, penalties or other consequences of participation.

We may refuse, pause, remove or reverse any placement or participant, including through a per-site kill switch, at our sole discretion. On opt-out, we will use reasonable efforts to remove placements within a reasonable period but cannot guarantee removal from third-party caches or indexes.

You must comply, and ensure your Users comply, with the Acceptable Use Policy. Without limiting it, you must not, and must not permit anyone to, use the Services to:

• (a)publish or distribute spam, scaled low-value content intended to manipulate search rankings, doorway pages, cloaked content or other material that breaches search-engine or platform spam policies;
• (b)create, publish or send illegal, defamatory, obscene, hateful, harassing, fraudulent, deceptive or misleading content, including false or unsubstantiated claims about products, services, health, finance or competitors, or fake reviews or testimonials;
• (c)infringe or misappropriate any intellectual-property, privacy, publicity or other right of any person;
• (d)send unsolicited commercial email or messages in breach of the CAN-SPAM Act, the Personal Data Protection Act 2010 (Malaysia), the Spam Control Act 2007 and Do Not Call provisions (Singapore), the EU ePrivacy rules, the WhatsApp Business Messaging Policy or similar laws;
• (e)connect, track, crawl or publish to any website or account that you do not own or control or are not authorised to use;
• (f)scrape, crawl, harvest or systematically extract data from the Services, or use them to build or benchmark a competing product;
• (g)copy, frame, modify, decompile, disassemble, reverse engineer or attempt to derive the source code, models, prompts or methodologies of the Services, except to the extent such restriction is prohibited by law;
• (h)probe, scan or test the vulnerability of the Services, or bypass, disable or interfere with any security, authentication, usage limit, paywall or technical restriction (except through our responsible-disclosure process); or
• (i)introduce malware, overload or disrupt the Services, or access them by automated means other than our published interfaces.

You represent, warrant and undertake that:

• (a)you have all rights, licences, consents and authority necessary to submit the Customer Content, to connect each website and Connected Account, to deploy the Tracking Script and to grant the licences and authorisations in these Terms;
• (b)your Customer Content, and your instructions to us, do not and will not infringe any third-party right or breach any law, regulation, contract or platform policy;
• (c)you have a lawful basis, have given all required notices and have obtained all required consents for any personal data you provide to us or that we process on your behalf, including Visitor data and any lead, prospect or contact data;
• (d)all claims made in content you publish through the Services (including AI Output you approve or allow to be auto-published) are true, substantiated and lawful in each jurisdiction in which they are published;
• (e)you will comply with all laws applicable to your business and to your use of the Services, including data-protection, consumer-protection, advertising, anti-spam, export-control and sanctions laws; and
• (f)you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and you are not a person identified on any applicable sanctions or restricted-party list.

You will defend, indemnify and hold harmless DCK Media & Business Consulting, its Affiliates and their respective directors, officers, employees, contractors, agents, licensors and subprocessors (the "DCK VISIBILITY 360 Indemnitees") from and against any and all claims, demands, actions, investigations, losses, damages, liabilities, fines, penalties, settlements, costs and expenses (including reasonable legal fees) arising out of or relating to:

• (a)your Customer Content, or any AI Output that you publish, approve, allow to be published under Auto-Publish, or otherwise use or distribute;
• (b)any claim that content published to your websites, hosted blogs or Connected Accounts is defamatory, misleading, infringing, unlawful or harmful;
• (c)your websites, products, services, advertising or business, and your dealings with Visitors, customers, prospects, clients or other third parties;
• (d)your deployment of the Tracking Script or your processing of personal data, including any failure to provide notices or obtain consents;
• (e)your participation in the Backlink Network;
• (f)your use of Third-Party Platforms or breach of their terms;
• (g)for agencies, any claim by your clients relating to the Services; or
• (h)your or your Users' breach of the Agreement or of any law, or your negligence, wilful misconduct or fraud.

We will notify you of a claim for which we seek indemnity (although delay in notice does not relieve you of your obligations except to the extent you are materially prejudiced). We may, at our option, control the defence and settlement of the claim with counsel of our choice at your expense, or require you to do so. You must not settle any claim that imposes any obligation or admission on a DCK VISIBILITY 360 Indemnitee without our prior written consent. Your obligations under this Section 16 are not subject to the limitations in Section 24.

DCK Media & Business Consulting and its licensors own all right, title and interest, including all intellectual-property rights, in and to the DCK VISIBILITY 360 Materials. Except for the limited rights expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel or otherwise, and all rights are reserved.

Subject to your compliance with the Agreement and payment of the Fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during your Subscription to access and use the Services, and to install and use the Apps on devices you own or control, solely for your internal business purposes and in accordance with the Documentation and your plan limits.

You may embed the Tracking Script on your authorised websites and use reports exported from the Services for your internal business purposes and to share with your clients (for agencies), provided you do not remove proprietary notices or misrepresent their source. Our name, logos and product names are our trademarks and may not be used without our prior written consent, except to refer accurately to the Services.

If you or your Users provide suggestions, ideas, enhancement requests, bug reports or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to use, modify, commercialise and otherwise exploit the Feedback for any purpose without restriction, attribution or compensation. Feedback is not your Confidential Information.

"Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is marked or identified as confidential or that a reasonable person would understand to be confidential, including our non-public pricing, product roadmaps, methodologies, prompts and security information. It excludes information that: (a) is or becomes public through no fault of the Recipient; (b) was lawfully known to the Recipient without restriction before disclosure; (c) is lawfully received from a third party without restriction; or (d) is independently developed without use of the Discloser's Confidential Information.

The Recipient will use the Discloser's Confidential Information only to perform or exercise its rights under the Agreement, will protect it with at least reasonable care, and will disclose it only to its and its Affiliates' personnel, contractors, subprocessors and professional advisers who need to know it and are bound by confidentiality obligations at least as protective. The Recipient may disclose Confidential Information where required by law, regulator or court order, after giving the Discloser prompt notice where lawful.

These obligations continue for three years after termination of the Agreement and, for trade secrets and security information, for as long as they remain confidential.

Our collection and use of personal data as a controller is described in our Privacy Policy and Cookie & Tracking Policy. Where we process personal data on your behalf as a processor, the Data Processing Agreement applies and forms part of these Terms.

We implement appropriate technical and organisational measures designed to protect data, including encryption of Connected Account tokens and credentials at rest, hashing of passwords and access codes, multi-factor authentication for our administrators and anonymisation of Visitor IP addresses. However, no method of transmission or storage is completely secure and we do not guarantee that data will never be accessed, disclosed, altered or destroyed by a breach of our safeguards.

We may immediately suspend or restrict all or part of the Services (including automation, publishing, Auto-Publish, Connected Accounts, the Tracking Script, the Backlink Network or your whole account), with or without notice, if we reasonably believe that:

• (a)you have failed to pay any amount when due, or have initiated a chargeback or payment dispute;
• (b)you or your Users have breached the Agreement, including the Acceptable Use Policy;
• (c)your use poses a security, legal, reputational or operational risk to us, the Services, other customers, Third-Party Platforms or any person;
• (d)suspension is required by law, a court, a regulator or a Third-Party Platform; or
• (e)your account has been compromised or is being used fraudulently.

Where practicable, we will notify you of the suspension and its reason and restore the Services once the cause has been resolved. Fees continue to accrue during suspension caused by you. We are not liable for any loss arising from a suspension made in accordance with this Section.

The Agreement starts when you first accept these Terms or use the Services and continues until all Subscriptions have ended and your account is closed.

By you. You may give notice of cancellation of your Subscription at any time in Profile → Billing or by contacting us. Cancellation takes effect at the end of the current billing period or, if your Subscription is still within its Minimum Term, at the end of the Minimum Term (Section 5.13); the monthly Fees for the Minimum Term remain payable. You may delete your account at any time as described on our Account & Data Deletion page.

By us. We may terminate the Agreement or any Subscription: (a) for convenience on 30 days' notice, in which case we will refund any prepaid Fees for the unused period after termination; (b) immediately on notice if you materially breach the Agreement (including any breach of Sections 5, 11, 14 or 15) and, where the breach is capable of remedy, fail to remedy it within 7 days of notice; (c) immediately if you become insolvent, enter into liquidation, receivership, administration or any arrangement with creditors, or cease business; or (d) immediately where required by law or by a Third-Party Platform on which the Services materially depend.

On termination or expiry:

• (a)all rights and licences granted to you end and you must stop using the Services and remove the Tracking Script from your websites;
• (b)automation, publishing and AI visibility checks stop, and we may stop serving hosted blogs;
• (c)all unpaid Fees become immediately due, and no Fees are refunded except as stated in Section 22.3(a), the Refund & Cancellation Policy or as required by law;
• (d)for 30 days after termination (other than termination for your breach), you may request an export of your Customer Content and AI Output in the formats then available; after that, we may delete it in accordance with our Privacy Policy and the Data Processing Agreement, subject to retention required by law; and
• (e)content already published to your websites or Third-Party Platforms remains there unless you remove it.

Sections 2, 5 (in respect of amounts due), 7.2–7.7, 8, 15, 16, 17, 18, 19, 22.4, 22.5, 23, 24, 26, 30 and any other provision that by its nature should survive, survive termination.

Service pause and restoration. When your Subscription has ended (because it was cancelled, expired, was ended by us, or remained unpaid after the payment reminders described in Section 5) and no other Subscription is active on your account, your account stays open but the Services are paused automatically: hosted blogs and other pages we serve for you go offline and show that the site is unavailable, the Tracking Script stops collecting data, and automation, scheduled publishing, featured placements and AI visibility checks stop. Content already published to your own website or Third-Party Platforms stays there. We keep the content of a paused service for 12 months after the pause began. If no Subscription has been renewed by then, we delete that content: generated articles and blog posts, media files, social posts and assets, reports, keyword, AI visibility and proof-of-impact data, featured banner creatives, crawl data and the stored tokens of Connected Accounts. Your user accounts stay open, so you can sign in and subscribe again and start fresh, and we keep invoices, payment and billing records, Subscription history and audit logs for the periods in our Privacy Policy. We email the account owner 60, 30 and 7 days before the deletion date, and once more when the deletion is done. If you renew a Subscription for the same account before that date, the deletion is cancelled and everything is restored and comes back online automatically. If you close your account or the Agreement is terminated, Section 22.4 applies instead.

Without limiting Section 23, we do not warrant that: (a) the Services will be uninterrupted, timely, secure or error-free; (b) any data, report, score, check, ranking or estimate will be accurate, complete, current or reproducible; (c) AI Output will be accurate, lawful, original, non-infringing or suitable for publication; (d) the Services will be compatible with any website, theme, plugin, platform or device; (e) any defect will be corrected; or (f) the Services will achieve any result described in Section 8.

Nothing in the Services constitutes legal, financial, tax, medical or other professional advice. You should obtain independent professional advice before acting on any information provided through the Services.

Where any warranty or condition cannot lawfully be excluded, our liability for its breach is limited, at our option and to the extent permitted by law, to re-supplying the relevant Services or paying the cost of having them re-supplied.

Exclusion of indirect losses. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DCK MEDIA & BUSINESS CONSULTING, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE, FOR ANY:

• (a)indirect, incidental, special, consequential, exemplary or punitive loss or damage;
• (b)loss of profits, revenue, sales, business, contracts, opportunity, anticipated savings or goodwill;
• (c)loss of search rankings, AI visibility, traffic, leads, followers, reputation or data;
• (d)loss arising from content published to your websites, hosted blogs or Connected Accounts, including under Auto-Publish, or from defamation, accuracy, infringement or regulatory claims relating to such content;
• (e)loss arising from any act or omission of a Third-Party Platform, AI Provider or Payment Processor, including suspension of your accounts with them; or
• (f)cost of procurement of substitute goods or services,

Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE SERVICES (INCLUDING THE DATA PROCESSING AGREEMENT), FOR ALL CLAIMS AND CAUSES OF ACTION COMBINED, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM. IF YOU HAVE NOT PAID ANY FEES (FOR EXAMPLE, FOR FREE SERVICES OR HALO REPORTS), OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED FIVE HUNDRED MALAYSIAN RINGGIT (MYR 500).

Non-excludable liability. Nothing in the Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, where applicable law so provides, for gross negligence or wilful misconduct. Where applicable law permits liability to be limited but not excluded, our liability is limited to the minimum extent required by that law.

Basis of the bargain. You acknowledge that the Fees reflect the allocation of risk in this Section 24 and Sections 8, 16 and 23, that these provisions are reasonable in the context of a business-to-business agreement, and that we would not provide the Services without them. The limitations apply even if any limited remedy fails of its essential purpose.

Your liability for Fees, for your indemnification obligations, for breach of Sections 11, 14 or 15 and for infringement or misappropriation of our intellectual-property rights is not limited by this Section 24.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labour disputes (other than of our own staff), government action, sanctions, failure or degradation of internet, telecommunications, hosting, cloud, power or CDN providers, cyber-attacks (including denial-of-service attacks) despite reasonable safeguards, and changes to, outages of or withdrawal of access to Third-Party Platforms or AI Providers. Our obligations are suspended for the duration of the event. If an event continues for more than 60 days, either party may terminate the affected Subscription on written notice and you will receive a pro-rata refund of prepaid Fees for the unused period.

The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by the laws of Malaysia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before commencing any proceedings, the party raising a dispute must notify the other in writing with reasonable details, and the parties will attempt in good faith to resolve it through senior representatives for 30 days.

Courts. Subject to Sections 26.4 and 26.5, the courts of Kuala Lumpur, Malaysia have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement, and each party irrevocably submits to that jurisdiction.

Arbitration at our election. Notwithstanding Section 26.3, we may, at our sole option, by written notice to you given at any time before or within 30 days after service on us of court proceedings, elect that a dispute be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (AIAC) in accordance with the AIAC Arbitration Rules in force at the time. The seat of arbitration will be Kuala Lumpur, Malaysia; the tribunal will consist of a sole arbitrator; and the language will be English. The arbitration and any award will be confidential. If we make such an election, any court proceedings commenced in respect of that dispute will be stayed in favour of arbitration. You acknowledge that this option is exercisable by us only.

Nothing in this Section prevents us from seeking urgent injunctive or other interim relief, or from bringing proceedings to recover unpaid Fees or to protect our intellectual property or Confidential Information, in any court of competent jurisdiction.

To the maximum extent permitted by law, all claims must be brought in a party's individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

We may amend these Terms and the incorporated policies from time to time. The updated version will be posted at the same address with a new "last updated" date and version number.

For material changes that adversely affect your rights, we will give at least 30 days' notice by email to the account owner or by in-app notice before they take effect, except where changes are required sooner by law or to address security or abuse, in which case they take effect immediately. If you do not agree to a change, you must cancel your Subscription before it takes effect; your continued use of the Services after the effective date constitutes acceptance.

We may require you to re-accept updated Terms before you can continue using the Services.

We may give notices to you by email to the address associated with your account, by in-app message or by posting on the Platform. Notices by email are deemed received 24 hours after sending, unless we receive a delivery-failure message. You are responsible for keeping your email address current.

Legal notices to us must be sent by email to privacy@dckvisibility360.com and by courier or registered post to DCK Media & Business Consulting, Level 8, Vertical Corporate Tower B, 8, Jalan Kerinchi, Bangsar South City, 59200 Kuala Lumpur, Wilayah Persekutuan, Malaysia, marked "Attention: Legal". Notices are effective on receipt. Day-to-day support requests should be sent to support@dckvisibility360.com.

If you participate in our partner, affiliate or referral programme, the programme terms we provide to you apply in addition to these Terms. Commissions are payable only on Fees actually received and not refunded, reversed or charged back; we may withhold, adjust or claw back commissions relating to refunds, chargebacks, fraud, self-referrals or breach of the programme terms. Partners are independent contractors and must not make any representation or guarantee on our behalf, including any guarantee of results.

Assignment. You may not assign, transfer or novate the Agreement or any rights under it without our prior written consent. We may assign or transfer the Agreement, in whole or in part, to an Affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of all or part of our business or assets, on notice to you. Subject to this, the Agreement binds and benefits the parties and their permitted successors and assigns.

Entire agreement. The Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, proposals, representations and understandings. Each party acknowledges that it has not relied on any statement, representation or warranty not expressly set out in the Agreement. Any terms in your purchase order or other documents are rejected and have no effect.

Severability. If any provision is held invalid, illegal or unenforceable, it will be enforced to the maximum extent permissible and modified to the minimum extent necessary, and the remaining provisions remain in full force and effect.

No waiver. A failure or delay in exercising any right is not a waiver of it, and a single or partial exercise does not prevent further exercise.

Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency (other than the limited publishing agency in Section 9), fiduciary or employment relationship.

Third-party rights. Except for the DCK VISIBILITY 360 Indemnitees under Section 16 and for Apple and Google as provided in Annex A, no person other than the parties has any right to enforce any term of the Agreement.

Subcontracting. We may use subcontractors and subprocessors to provide the Services and remain responsible for their performance as required by the Agreement.

Anti-corruption and export. Each party will comply with applicable anti-bribery laws, including the Malaysian Anti-Corruption Commission Act 2009. You must not export, re-export or provide access to the Services in breach of any applicable export-control or sanctions law.

Publicity. Unless you tell us otherwise in writing, we may identify you as a customer by name and logo on our website and in sales materials. We will not publish case studies containing your results without your consent.

Language. These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails in case of inconsistency, to the extent permitted by law.

Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). We, not Apple or Google, are solely responsible for the Apps and their content.

Scope of licence. The licence granted to you for an App is a limited, non-transferable licence to use the App on Apple-branded products or Android devices that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions or the Google Play Terms of Service (as applicable), except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where the store permits.

Maintenance and support. We are solely responsible for providing any maintenance and support services for the Apps as specified in these Terms or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the Apps.

Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of an App obtained from the Apple App Store to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the disclaimers and limitations in these Terms.

Product claims. We, not Apple or Google, are responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of them, including: (a) product-liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (which the Apps do not use). These Terms do not limit our liability to you beyond what is permitted by applicable law.

Intellectual-property claims. In the event of any third-party claim that an App or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by these Terms.

Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (b) you are not listed on any United States Government list of prohibited or restricted parties.

Developer name and address. Questions, complaints or claims with respect to the Apps should be directed to: DCK Media & Business Consulting (Registration No. 202503147640 (PG0572109-H)), a business registered in Malaysia, Level 8, Vertical Corporate Tower B, 8, Jalan Kerinchi, Bangsar South City, 59200 Kuala Lumpur, Wilayah Persekutuan, Malaysia; email privacy@dckvisibility360.com.

Third-party terms. You must comply with applicable third-party terms of agreement when using the Apps (for example, your wireless data service agreement), and with the terms of the app store from which you obtained the App.

Third-party beneficiary. Apple and Apple's subsidiaries, and Google, are third-party beneficiaries of these Terms as they relate to the Apps obtained from their respective stores and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

In-app purchases. If we offer Subscriptions through in-app purchase, payment, renewal, cancellation and refunds for those purchases are processed by Apple or Google under their terms, and you must manage or cancel them through your Apple ID or Google Play account settings. Deleting your account or the App does not cancel an app-store subscription.

Sign-in. If we offer sign-in with a third-party or social login service in an App, we will also offer an equivalent privacy-focused option (such as Sign in with Apple) where required by the app store's rules, and the relevant provider's terms apply to its use.

Account deletion. You can initiate deletion of your account from within the App (Profile → Delete account) or as described on our Account & Data Deletion page.

Updates and permissions. We may release updates that are required to continue using an App. Apps may request device permissions (such as notifications or camera access for uploads); you can manage permissions in your device settings, but some features may not work without them. Data handled by the Apps is described in our Privacy Policy and in the privacy disclosures on each app store listing.