TERMS OF SERVICE

Last updated: March 4, 2025

Your access/use of this website, mobile-site, micro-site, or mobile-application (including such products/services as may be made available on and/or through the websites, mobile-sites, micro-sites or mobile-applications by ProppyApp Co.) (collectively, the “Platforms”) are subject to the Terms of Use and our Privacy Policy, including any amendments thereto which ProppyApp Co., at its sole discretion, may make from time to time.

ProppyApp Co. reserves the right at any time, to change, modify or discontinue any aspect or feature of the Platforms, including, without limitation the contents, data and availability. You are advised to refer to these Terms each time you access/use the Platforms to ascertain and understand any additions, deletions, modifications, revisions and/or variations that may be made to these Terms from time to time, and you shall be deemed to have read, understood and accepted these Terms, including such additions, deletions, modifications, revisions and/or variations each time you access/use the Platforms.

If you do not agree to any of the Terms of Use and/or Privacy Policy, you shall immediately cease your access/use of the Platforms.

1. ProppyApp Co.

1.1. The Platforms are developed, owned, managed, and operated by ProppyApp Sdn. Bhd. [Registration No. 202101010561 (1410860-H)] (“ProppyApp Co.”) and/or its approved third-party vendors.

1.2. The Platforms are created with the intention of utilising and capitalising on the latest technologies to revolutionise the way we sell, buy, list, invest and manage our properties. We aim to provide a safe, trustworthy and credible platform for property, real estate and its related services and industries to communicate, transact and do business effectively, taking that technological quantum leap into the future.

1.3. These Terms of Service (“TOS”) shall cover your access/use to our feature in the SignaTrue Services in the Platforms (referred to as “SignaTrue” or “SignaTrue Services”). SignaTrue Services is an electronic signing feature that enables the uploading of documents, assignment of signees, placement of signature fields, and request for signatory.

2. Definitions

2.1. References to “you”, “your” or “yours” refer to any person using the Platforms. References to “we”, “us” or “our” refer collectively to ProppyApp Co.

3. Acceptance

3.1. These TOS constitute a legally binding agreement between you and ProppyApp Co. Your access/use of the SignaTrue Services constitutes your acceptance of these TOS.

4. SignaTrue User

4.1. Your access/use of the SignaTrue Services requires a registration process (as a user of the Platforms). In such cases where registration is required for the SignaTrue Services (as a user of the Platforms), you are identified as a “SignaTrue User”.

4.2. When you register as a SignaTrue User, we will ask you to provide your personal information including, without limitation to your name, address, identity card number, passport number, date of birth, gender, mobile phone number, a valid email address and a unique password.

4.3. Upon the completion of the applicable registration process, you, as a SignaTrue User, agree as follows: –

i. you shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account;

ii. you shall be responsible for all the access/use of the contents of your user account;

iii. you, as a SignaTrue User, may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a user account, ID or password to a third party without the prior consent of ProppyApp Co. ProppyApp Co. may suspend or terminate the account of a SignaTrue User or the transferee of a SignaTrue User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section;

iv. ProppyApp Co. reserves its right to suspend or terminate a SignaTrue User’s account at any time; and

v. ProppyApp Co. shall also reserve the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason whatsoever.

4.4. Save for cases of fraud or abuse which are not your fault, you accept that all use of the SignaTrue Services placed under your SignaTrue User account is your sole responsibility.

4.5. If you wish to delete your user account, please send us an email requesting the same. We may restrict, suspend or terminate your user account and/or use of SignaTrue Services if we reasonably believe that: –

i. someone other than you is using your user account; or

ii. where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

5. Disclaimer

5.1. SignaTrue Services is provided on an “as is” basis and to the fullest extent permitted by law are without warranty of any kind whatsoever, whether express or implied, including without limitation any implied warranties of accuracy, usefulness, operation, completeness, satisfactory quality, reliability, fitness for use, fitness for any particular purpose and non-infringement of third-party rights.

5.2. You acknowledge that electronic signatures may not be legally recognised in all jurisdictions, and it is your responsibility to ensure compliance with applicable laws when using SignaTrue Services.

5.3. We do not represent or warrant that the use of SignaTrue Services is free from any interruptions, system failures or other engines that may damage or interfere with the system. You acknowledge that electronic signing may be affected by internet connectivity issues, technical malfunctions, system maintenance, compatibility with the devices you use to access SignaTrue Services or unforeseen events beyond our control.

5.4. We do not warrant that any files or other data that you download from SignaTrue will be free from viruses, malware or destructive features.

6. Personal Data Protection

6.1. Your access/use of the SignaTrue Services is subject to the Malaysia Personal Data Protection Act 2010. Our Privacy Policy sets out the general terms in relation to the manner in which personal data is processed by ProppyApp Co.

6.2. If you do provide personal data to ProppyApp Co. by accessing/using the SignaTrue Services, you shall be deemed to have agreed, accepted and consented to the processing of the personal data by ProppyApp in the manner set out in the said Privacy Policy.

7. Use of Third-Party Services

7.1. We may integrate third-party services to facilitate data upload and retrieval, including but not limited to document, picture and video uploads to ProppyApp Co.

7.2. Any data or information received from third-party services will be stored securely in encrypted storage, and will only be accessible by the data owner (the user who uploads the data) and the authorized users that were granted access by the owner.

7.3. We will not transfer, use, or sell any user data to third parties for any purpose.

7.4. As a SignaTrue User, you may choose whether to use third-party services when utilising SignaTrue Services. The integration of third-party services serves as an additional or alternative option for you to upload data from an online source. You may also upload data from other sources, including but not limited to your local drive or the file manager of your device.

7.5. In connection with the integration of Google Drive, ProppyApp Co. complies with the Google API Services User Data Policy, including the Limited Use requirements, ensuring that any user data accessed through Google Drive is handled securely and used only as permitted under the applicable policies.

8. Term and Termination

8.1. The Term of you as a SignaTrue User will commence from the date you register a user account in the Platforms and shall continue until the day you decide to stop using the Platforms. We may terminate or suspend the SignaTrue Services offered by us at any time, including in the event of your actual or suspected unauthorised use of the SignaTrue Services. If we terminate or suspend your access to the SignaTrue Services, you agree that ProppyApp Co. shall have no liability or responsibility to you and ProppyApp Co. will not refund any fee (if applicable) that you have paid.

9. Warranty and Indemnity

9.1. By accessing and using SignaTrue Services, you unconditionally warrant and undertake to us, that you will not use SignaTrue Services for any mala fide purpose or unlawful activities in breach of these Terms or any rights of a third party, including but not limited to:

i. interfering with, disabling, overburdening, disrupting or destroying the functionality or use of SignaTrue, or the networks or servers connected to SignaTrue;

ii. “hacking” or attempting to gain unauthorised access to SignaTrue;

iii. disassembling, reverse engineering, decompiling or modifying SignaTrue;

iv. distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

v. attempting to impersonate any other person or entity;

vi. accessing or using a SignaTrue User Account without such user’s express permission;

vii. transmitting any information that is defamatory, infringing, harassing, abusive, threatening, harmful, vulgar, obscene, privacy invading or offensive; and

viii. engaging in any activity prohibited under these TOS.

9.2. If you upload a document and assign signees on SignaTrue, you warrant that you have the necessary authority to assign signees. ProppyApp Co. shall not be liable for any disputes arising from the assignment of a signee without proper authorisation and any errors in the placement of signatures.

9.3. You acknowledge that you are responsible for ensuring the validity of all signatures affixed to the documents uploaded on SignaTrue. ProppyApp Co. shall not be liable for any disputes arising from the invalidity of a signature.

9.4. You agree and acknowledge to defend, indemnify (and keep fully indemnified) and hold ProppyApp Co., its subsidiaries, agents, directors, officers, employees and/or assignees, harmless from and against any claims, damages, costs, judgments, losses or expenses (including but not limited to loss of goodwill, reputation and legal costs on a solicitor and client basis) arising out of any breach by you of any of these TOS however occasioned, or any infringement of any rights of another in connection with your use of SignaTrue.

9.5. You further agree that ProppyApp Co. shall not be liable to you for any loss of profit, goodwill, business opportunity, anticipated savings, and credit rating or for any indirect or consequential loss or damage suffered or flowing from your use of SignaTrue whatsoever.

10. Confidentiality

10.1. Personal data held by us will be kept confidential in accordance with these TOS pursuant to any applicable law that may from time to time be in force.

10.2. Any questions, comments, suggestions, feedback or information other than personal data sent, uploaded or posted through our Platforms or the SignaTrue Services, or any part thereof by you will be deemed voluntarily submitted or provided to us on a non-confidential and non-proprietary basis.

10.3. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely without further reference to you.

11. Waiver and Severability

11.1. No failure or delay by ProppyApp Co. in exercising any right, power or remedy under these TOS shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy in the future. Without limiting the foregoing, no waiver by ProppyApp Co. of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of these TOS is or becomes illegal, invalid or unenforceable in any respect, then such offending provision shall be deemed to be severed from these TOS and the legality, validity and enforceability of the remaining provisions of these TOS shall not be affected or impaired thereby and shall remain in full force and effect.

12. Limitation of Liability

12.1. In no event shall ProppyApp Co. be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, without limitation to, negligence or otherwise) caused through the access/use, or the inability to access/use, of the SignaTrue Services, the contents, data or third-party products/services.

12.2. Under no circumstances, including, without limitation to any negligence, shall ProppyApp Co. be liable for any indirect, special, consequential or incidental damages that result from the access/use of, or the inability to access/use the SignaTrue Services, the contents, data or third-party products/services, even if ProppyApp Co., its directors, officers, employees, affiliates and agents have been advised of, or should have foreseen, the possibility of such damages.

13. Governing Law and Dispute Resolution

13.1. These TOS shall be governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction.

13.2. Any disputes, actions, claims or causes of action arising out of or in connection with these TOS shall be referred to the Asian International Arbitration Centre (“AIAC”) in accordance with the AIAC Arbitration Rules as modified or amended from time to time (“Rules”) then in effect. The arbitration shall be conducted by a sole arbitrator, appointed by the Director of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be in Kuala Lumpur, Malaysia, in the English language. The arbitration award shall be final and binding on the parties thereto.

14. Miscellaneous

14.1. ProppyApp Co. retains the right, at any time and without any notice or cause, to discontinue the SignaTrue Services, and/or any products/services made available on and/or through the Platforms.

14.2. These TOS will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties.

14.3. SignaTrue User who chooses to access/use the SignaTrue Services from locations other than Malaysia shall do so on their own initiative and are personally responsible to comply with all applicable local laws affecting or being applicable to the particular user.

14.4. Should you wish to contact us for any queries, questions or concerns of these TOS, you may send an email to us at support@proppyapp.com.