This Platform Agreement (“Agreement”) constitutes a legally binding contract between you (“User”) and AutoWealth Malaysia Sdn Bhd (Company No.201901013464) (“AutoWealth,” “we,” “us,” or “our”), a company duly incorporated in Malaysia, operating the AutoWealth online platform (“Platform”) which provides automated investment management services, including but not limited to financial planning, risk assessment, asset allocation, investment execution, portfolio rebalancing, and investment reporting.

This Agreement governs your access to and use of the Platform and is to be read in conjunction with our Personal Data Protection Notice, available on the Platform, which outlines how we collect, use, and process your personal data. The Personal Data Protection Notice forms an integral part of this Agreement.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any policies referenced herein. If you do not agree to these terms, you must not access or use the Platform.

2. Platform Services

2.1 The Platform is an end-to-end digital service designed to provide you with automated, algorithm-driven investment management services. These services are based on the personal and financial information you provide, including your current assets, financial goals, investment horizon, and risk tolerance.

2.2 The Platform will utilise this information to create a personalised investment strategy that allocates your assets across a diversified portfolio. This strategy is subject to periodic rebalancing to maintain the intended risk level. However, we do not guarantee specific financial results.

2.3 We reserve the right, at our sole discretion, to suspend or terminate your account at any time, with or without notice, if we determine that you have violated this Agreement, provided inaccurate information, or engaged in any unlawful activity. Such termination may result in your loss of access to the Platform.

3. Content and Use of Information

3.1 Any information, projections, or financial insights provided through the Platform (the “Content”) are based on data inputs provided by you. The Content does not constitute professional financial advice, and it should not be interpreted as such. The Platform is designed to assist you in making your own investment decisions, but you are solely responsible for evaluating the suitability of any recommendations made.

3.2 While we strive to ensure the accuracy, timeliness, and completeness of the Content provided through the Platform, we do not guarantee it. The information is provided “as is” and “as available” and may be subject to delays or inaccuracies. You agree to independently verify any information before making financial decisions.

3.3 You are solely responsible for the accuracy and truthfulness of the information you provide to the Platform. You must seek independent professional advice before making any significant investment, business, or financial decisions.

4. Registration and Account Security

4.1 In order to use the Platform, you must complete the registration process by providing your full name, valid email address, phone number, and creating a password. These details constitute your login credentials (“Registration Details”), which will grant you access to your account on the Platform.

4.2 You are responsible for maintaining the confidentiality of your Registration Details and must not share them with any third party for accessing the Platform. If you believe your account has been compromised, you must notify us immediately  by sending an email to ____@autowealth.my. We will not be liable for any loss or damage arising from your failure to secure your Registration Details.

4.3 By using the Platform, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into and be bound by this Agreement.

5. User of Obligations

5.1 You hereby undertake to use the Platform strictly for lawful purposes and in full compliance with all applicable laws, statutes, regulations, and legal obligations. You are expressly prohibited from engaging in any activity on the Platform that is illegal, fraudulent, or that infringes upon the rights, privileges, or interests of any third party.

5.2 You shall not, under any circumstances:

1. Post, transmit, or disseminate any content that is offensive, defamatory, unlawful, obscene, or otherwise inappropriate, including but not limited to content that may infringe the rights of others;
2. Attempt to gain unauthorised access to the Platform, the Company’s systems, or the accounts, data, or information of any other users;
3. Utilise the Platform for any form of unsolicited communications, including but not limited to advertising, promotional material, or any other commercial solicitation, without the prior written consent of the Company;
4. Upload, post, transmit, or otherwise introduce any viruses, malware, malicious code, or other harmful components that may disrupt, damage, or impair the functionality, security, or availability of the Platform.

5.3 You expressly acknowledge and agree that any information made available on the Platform is provided solely for general informational purposes and does not constitute professional advice, whether legal, financial, or otherwise. AutoWealth Malaysia  obtains such information from sources it reasonably believes to be accurate and current as of the date of publication. We, however, reserve the right to revise, update, or amend such information at any time, without prior notice.

5.4 Any information, data, or materials that you transmit to AutoWealth Malaysia via the Platform are transmitted entirely at your own risk. Upon receipt of such information, AutoWealth Malaysia will take reasonable precautions to safeguard the confidentiality and security of such transmissions. Notwithstanding this, AutoWealth Malaysia reserves the right, at its sole discretion, to alter, remove, or reassign your username or any similar identifier associated with your account, where it deems such action necessary or appropriate.

5.5 You acknowledge and accept full responsibility for your access to and use of the Platform. AutoWealth Malaysia is not liable for any loss or damage, whether direct, indirect, or consequential, that may arise from your use of the Platform or from your reliance on any information provided through the Platform.

6. Personal Data and Privacy

6.1 We collect and process your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) and our Personal Data Protection Notice. By using the Platform, you consent to the collection, use, and processing of your personal data for purposes related to the provision of services and maintaining your account.

6.2 You must ensure that all personal data you provide to us is accurate and up-to-date. You are entitled to access and correct your personal data in accordance with our Personal Data Protection Notice.

7. Platform Maintenance and Availability

7.1 We may necessarily conduct scheduled or unscheduled maintenance or updates or repairs or upgrading the Platform. During such times, access to the Platform may be limited or temporarily unavailable. We will endeavor to provide prior notice of such maintenance when possible, but we are not liable for any loss or inconvenience arising from such disruptions.

7.2 While we strive to ensure the availability and proper functioning of the Platform, we do not guarantee uninterrupted or error-free access to the Platform. We will not be responsible for any technical difficulties or downtime experienced by users.

8. Intellectual Property Rights

8.1 The Platform, including all text, graphics, software, and other content (collectively, “Content”), is owned by AutoWealth Malaysia or its third-party licensors and is protected by copyright, trademark, and other intellectual property laws.

8.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and its Content for personal, non-commercial purposes. You may not reproduce, modify, distribute, or create derivative works of the Content without prior written permission from AutoWealth.

8.3 All logos, trademarks, and service marks displayed on the Platform are the property of AutoWealth Malaysia or its licensors. You may not use these marks without prior written consent from AutoWealth Malaysia.

9. Third-Party Links

9.1 The Platform may contain links to third-party websites for your convenience. These links do not signify our endorsement of such websites. We are not responsible for the content or privacy practices of third-party websites. You should review the terms and conditions and privacy policies of these websites before using them.

10. Disclaimers of Warranties

10.1 The Platform is provided on an “as is” and “as available” basis. AutoWealth Malaysia disclaims all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 We do not warrant that the information provided on the Platform will be accurate, complete, or current. We are not responsible for any loss resulting from reliance on information provided through the Platform.

11. Probihited Activities

11.1 You are expressly prohibited from engaging in any activities that may misuse the AutoWealth Platform or that are deemed inappropriate, unlawful, or illegal by AutoWealth. While AutoWealth reserves the right to investigate any suspected violations, there is no obligation to do so. The following activities are strictly prohibited; this list is not exhaustive and may be amended by AutoWealth at any time without prior notice:

1. impersonating any individual or entity or falsely representing or misrepresenting your affiliation with any person or entity in connection with the AutoWealth Platform.
2. expressing or implying that any statements you make are endorsed by AutoWealth without our specific prior written consent.
3. using any robot, spider, scraper, or other automated device, process, or means to access, retrieve, index, or reproduce any portion of the AutoWealth Platform or to circumvent its navigational structure or presentation.
4. “frame” or “mirror” any part of the AutoWealth Platform without the prior written authorization of AutoWealth
5. use any code or other devices that reference AutoWealth or the Platform to direct users to any other website or service without explicit permission.
6. use any content available on the AutoWealth Platform for any illegal, fraudulent, or harmful purpose, or in violation of any applicable laws or regulations.
7. engaging in any conduct that may damage, disable, overburden, or impair the operation of the AutoWealth Platform, its servers, or networks, or that may interferewith any other party’s use and enjoyment of the Platform. This includes violating any requirements, procedures, policies, or regulations of the relevant networks.
8. engaging in any activities that violate local, national, or international laws or regulations applicable to you.
9. publicly disseminating information regarding the performance of the AutoWealth Platform or accessing or using the Platform for competitive analysis, benchmarking, or any similar purposes without AutoWealth’s prior written consent.

11.2 AutoWealth reserves the right to monitor user activity and take appropriate action in response to violations. Such actions may include, but are not limited to, reporting suspected illegal activities to law enforcement, suspending or terminating user accounts, and pursuing any other remedies available at law or in equity.

12. Imdemnification

12.1 You agree to indemnify, defend, and hold harmless AutoWealth Malaysia, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, any breach of this Agreement, violation of any applicable law, or infringement of third-party rights. This includes claims arising from any content or information you submit or actions taken under your account. You agree to promptly notify AutoWealth of any such claims and cooperate fully in the defence, including refraining from settling any matter without AutoWealth’s prior written consent. AutoWealth reserves the right to assume the defence at its own cost, and your obligations under this indemnification clause will survive the termination or expiration of this Agreement.

13. Termination

13.1 AutoWealth reserves the right to immediately suspend your account, without prior notice, if we determine that you have breached this Agreement or any applicable policies and terms posted on the AutoWealth Platform. This Agreement will automatically terminate upon the termination of your Account Opening Agreement. We shall not be liable to you or any third party for any termination of your access to the Platform. You agree not to attempt to access or use the Platform following any deletion, deactivation, or termination of your account.

13.2 Upon termination, you will no longer have access to the Platform, and all licences granted to you under this Agreement shall cease.

13.3 Notwithstanding any termination of your registration, any provisions of this Agreement that are intended to survive termination, including but not limited to those concerning limitations of liability, indemnification, and governing law, shall remain in full force and effect.

14. General Provisions

14.1 Amendments – AutoWealth Malaysia reserves the exclusive right to modify, amend, or update the terms of this Agreement at any time, at its sole discretion, without prior notice to you, except as may be required by law. Any changes will take effect immediately upon being posted on the Platform, and you are responsible for reviewing such modifications. Your continued use of the Platform after any amendments to this Agreement will constitute your acceptance of the revised terms. If you do not agree to the updated terms, you must discontinue using the Platform immediately. No oral amendments or modifications to this Agreement shall be valid.

14.2 Governing Law and Jurisdiction – This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to any conflict of law principles. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia for the resolution of any disputes arising out of or in connection with this Agreement, your use of the Platform, or the services provided. The parties hereto agree that any legal proceedings shall be conducted in the courts located in Malaysia, and both parties waive any objection to such jurisdiction or venue, whether on grounds of convenience or otherwise.

14.3 Severability – If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed to be severed from the Agreement. The remaining provisions shall continue in full force and effect and shall be construed in a manner that best reflects the original intent of the parties, to the extent permissible under applicable law. The invalidity or unenforceability of any specific provision shall not affect the validity or enforceability of the remaining provisions of this Agreement.

14.4 Waiver – No waiver by AutoWealth Malaysia of any right, provision, or breach under this Agreement shall be deemed a waiver of any subsequent breach or default. Any failure by AutoWealth Malaysia to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of that right or provision or limit AutoWealth Malaysia’s ability to enforce such right in the future. Any waiver must be in writing and signed by an authorised representative of AutoWealth Malaysia to be legally binding.

14.5 Entire Agreement – This Agreement, together with any other documents or policies incorporated by reference (including but not limited to the Personal Data Protection Notice), constitutes the entire and exclusive agreement between you and AutoWealth regarding the use of the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, or warranties, whether oral or written, regarding the subject matter hereof. No oral statements or representations by any party shall be binding unless expressly set forth in this Agreement.

14.6 No Assignment – You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the prior written consent of AutoWealth. Any attempt to assign or transfer this Agreement without such consent shall be null and void. AutoWealth reserves the right to transfer, assign, or delegate this Agreement, in whole or in part, at any time, with or without notice to you.

14.7 Force Majeure – AutoWealth Malaysia shall not be liable or responsible for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, strikes, labour disputes, epidemics, pandemics, government regulations, power outages, internet service interruptions, or other events of force majeure. In such cases, AutoWealth shall be entitled to a reasonable extension of time to perform its obligations.

14.8 Notices – All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and delivered via email or any other electronic communication method that AutoWealth Malaysia deems appropriate.Notices sent by us to you will be delivered to the email address associated with your account. You agree that any electronic communication from us constitutes effective legal notice.

14.9 No Third-Party Beneficiaries – This Agreement is entered into for the sole benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, whether expressed or implied, is intended to confer upon any third party any rights, benefits, or remedies of any kind, nor shall any third party have the right to enforce this Agreement.

14.10 Headings – The section headings and titles used in this Agreement are for convenience only and have no legal or contractual effect. They do not affect the interpretation or construction of the provisions of this Agreement.