1. Agreement to these terms
These Terms and Conditions (“Terms”) form an agreement between you and United Data Centre (MY) Sdn. Bhd. (“United Data”, “we”, “us” or “our”), a company registered in Malaysia. By accessing or using united-data.my, SmartKPI, or another service that links to these Terms, you agree to be bound by them.
If you use a service for an organisation, you confirm that you are authorised to act for that organisation where relevant. If you do not agree, do not use the service.
2. Our services
United Data provides software development, data analytics, AI integration, IT services and software products including SmartKPI. Features, specifications, implementation scope and support arrangements may vary by customer plan or written agreement.
SmartKPI is a workplace performance and operations platform. It may include attendance, tasking, KPI, reward, announcement, notification, administration and reporting functions. The subscribing organisation controls which functions are enabled and how they are used within its workplace.
3. Accounts and security
- You must provide accurate account information and keep it current.
- You are responsible for protecting your login credentials and for activity under your account, except where caused by our breach.
- You must not share an individual account or attempt to use another person’s account.
- You must promptly notify your organisation administrator or us if you suspect unauthorised access.
- We may require reasonable verification before restoring access, changing account ownership or processing a deletion request.
4. Customer organisations and authorised users
If your employer or another organisation provides your SmartKPI access, your use is also subject to that organisation’s policies and instructions. The organisation may administer accounts, assign roles, configure workflows, view authorised workplace information, correct records and suspend access.
The customer organisation is responsible for having an appropriate basis to submit and manage its users’ data, informing users about workplace monitoring or performance practices, configuring fair access controls and using reports lawfully. United Data does not make employment decisions for the customer.
5. Acceptable use
You must not:
- use the service unlawfully, fraudulently or to harm another person;
- upload malicious code, attempt unauthorised access, probe security or disrupt the service;
- circumvent permissions, impersonate another user or falsify attendance, task or performance records;
- copy, reverse engineer or extract source code except to the limited extent expressly allowed by law;
- use automated tools to scrape, overload or misuse the service;
- upload content that infringes rights, breaches confidentiality or contains unlawful material; or
- use AI-assisted features to make unlawful, discriminatory or harmful decisions without appropriate human review.
6. Customer data and user content
As between United Data and the customer, the customer retains its rights in data, records, files and content submitted to the service (“Customer Data”). The customer grants United Data a limited right to host, process, transmit, back up and display Customer Data only as needed to provide, secure, support and improve the contracted service.
You confirm that you have the right to submit content you upload. We may remove or restrict content where reasonably necessary to comply with law, protect security, enforce these Terms or follow a lawful customer instruction.
7. United Data intellectual property
The services, software, interface, branding, documentation, designs and underlying technology are owned by United Data or our licensors and are protected by applicable intellectual-property laws. Subject to payment and the applicable agreement, we grant authorised users a limited, non-exclusive, non-transferable, revocable right to use the service for its intended internal business purpose.
No ownership is transferred. “United Data”, the United Data logo, “SmartKPI” and related product branding may not be used without prior written permission.
8. Fees, subscriptions and taxes
Prices, billing cycles, payment terms, renewal, implementation charges and taxes are stated in the applicable quotation, order form, invoice or agreement. Unless that document states otherwise, fees are payable by the customer organisation and not by individual employee users.
App-store downloads do not by themselves create a paid business subscription. SmartKPI access may require an active organisation account arranged separately with United Data.
9. Service availability and changes
We aim to provide reliable services but do not promise uninterrupted or error-free operation. Availability may be affected by maintenance, upgrades, internet connections, devices, third-party systems, security events and circumstances outside reasonable control.
We may update the service to improve functionality, security or compliance. We will use reasonable efforts to notify customer administrators before material changes that significantly affect normal use, where practical.
10. Third-party services
The service may integrate or link to third-party platforms, mobile operating systems, cloud services or websites. Their terms and privacy policies apply to their services. We are not responsible for third-party products outside our reasonable control, although we remain responsible for our own selection and use of processors as required by law and our agreements.
11. Confidentiality and privacy
Each party must protect confidential information received from the other and use it only for the agreed purpose. Personal data is handled according to our Privacy Policy, the relevant customer agreement and applicable data-protection law.
12. Suspension, termination and account deletion
We or the customer organisation may suspend or terminate access where an agreement ends, fees remain unpaid, security is at risk, a user materially breaches these Terms, or suspension is reasonably necessary to comply with law. Where practical, we will give the customer notice and an opportunity to resolve the issue.
Individual users may request account deletion through the process described on our Account & Data Deletion page. Some workplace or legal records may need to be retained by the relevant organisation or by us as explained in the Privacy Policy.
13. Disclaimers
To the extent permitted by Malaysian law, services are provided on an “as available” basis. United Data does not warrant that every report, score, AI-assisted output or recommendation will be complete, suitable for every purpose or free from error. Customer organisations must review information and remain responsible for management, employment, compliance and business decisions.
Nothing in these Terms excludes warranties, guarantees or rights that cannot lawfully be excluded.
14. Limitation of liability
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive or consequential loss, or loss of profit, revenue, goodwill or anticipated savings arising from the services.
Where liability can lawfully be limited, United Data’s total aggregate liability relating to a paid service will not exceed the fees paid or payable for that service during the twelve months immediately before the event giving rise to the claim. This limit does not apply where a separate signed agreement states another limit or where liability cannot be limited by law.
15. Changes to these Terms
We may update these Terms to reflect service, security, legal or operational changes. The revised version will be posted here with a new “Last updated” date. For material changes, we may provide additional notice to customer administrators or users. Continued use after the effective date means you accept the revised Terms, unless applicable law requires another form of acceptance.
16. Governing law and disputes
These Terms are governed by the laws of Malaysia. The parties should first try in good faith to resolve a dispute through direct discussion. If it cannot be resolved, the courts of Kuala Lumpur, Malaysia will have jurisdiction, unless a signed customer agreement provides another lawful dispute process.