This agreement governs your access to and use of the KonstrakOS platform operated by Global Digital Technologies Sdn. Bhd. By registering for or using KonstrakOS, you agree to be legally bound by these terms in full.
In these Terms of Service, the following definitions apply:
By registering for an account, clicking "I Agree", accessing, or continuing to use the Platform, the Subscriber unconditionally agrees to be bound by this Agreement on behalf of itself and all Authorised Users. This Agreement is entered into pursuant to the Contracts Act 1950 (Act 136) and constitutes a legally binding contract between the Company and the Subscriber.
The person completing the registration represents and warrants that they have full authority to bind the Subscriber entity to this Agreement. If you do not have such authority, or if you do not agree to all terms herein, you must not register for or use the Platform.
The Subscriber is solely responsible for ensuring that all Authorised Users are made aware of and comply with this Agreement before being granted access to the Platform.
B2B Agreement: This Agreement is made between two business entities. The Consumer Protection Act 1999 does not apply to this engagement. No cooling-off period is available under this Agreement.
Subject to the Subscriber's timely payment of all applicable Subscription Fees and full compliance with this Agreement, the Company grants the Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the Subscriber's own internal business operations during the subscription period.
The Subscriber must not, and must ensure its Authorised Users do not:
The Company reserves the right, at its sole and absolute discretion and without prior notice or liability, to modify, add, remove, rebrand, restructure, or discontinue any feature, module, integration, or the Platform as a whole at any time. The Company is under no obligation to maintain any specific feature or functionality for the duration of a Subscriber's subscription.
The Platform is offered on a subscription basis. Available plans, features, and pricing are published on the Platform's pricing page and may be updated by the Company from time to time at its sole discretion. The Company reserves the right to introduce new plans, retire existing plans, or adjust pricing with reasonable notice to active Subscribers.
Subscription Fees are billed in advance on a monthly or annual basis, as selected by the Subscriber at the time of sign-up or upgrade. Payment is due immediately upon invoice generation. The Company accepts payment through the methods made available on the Platform, which may change over time. All prices are quoted in Malaysian Ringgit (MYR) unless otherwise stated and are inclusive of applicable taxes where required by law.
If any Subscription Fee remains unpaid beyond the due date, the Company reserves the right to: (a) suspend the Subscriber's access to the Platform immediately and without notice; (b) charge interest on the outstanding amount at the rate of 1.5% per month or the maximum rate permitted under the Civil Law Act 1956, whichever is lower; and (c) recover all reasonable costs of collection, including legal fees, from the Subscriber.
The Subscriber is responsible for all applicable taxes, duties, and levies imposed by Malaysian authorities, including Service Tax under the Service Tax Act 2018, arising from the Subscriber's use of the Platform. The Company will include applicable taxes in invoices as required by law.
The Company may offer a free tier at its discretion. Free plan features, limits, and availability may be modified or withdrawn at any time without notice. Free plan users are bound by this Agreement in full.
All Subscription Fees paid to the Company are strictly non-refundable under all circumstances. This includes, without limitation, cases of partial use, early cancellation, dissatisfaction with the Platform, feature removal, account suspension, or termination for breach. By subscribing, the Subscriber irrevocably waives any right to a refund of Subscription Fees paid.
This non-refundable policy applies to:
The Company will not issue pro-rated refunds for any unused portion of a billing period. If the Subscriber cancels mid-cycle, access to the Platform will continue until the end of the paid period, after which access will cease. No credit, offset, or carry-over will be applied to any future subscription.
Annual Subscribers: If you subscribe on an annual plan and cancel before the end of the term, you will not receive a refund for the remaining months. Your access will remain active until the annual period ends, at which point it will not auto-renew.
Cancellation must be performed by the Subscriber directly through the Platform's account management settings. The Company does not process cancellation requests submitted via email, phone, WhatsApp, social media, or any other channel outside the Platform's self-service cancellation function.
To cancel your subscription, the Subscriber must log into their KonstrakOS account, navigate to Account Settings > Subscription > Cancel Subscription, and follow the on-screen steps to confirm cancellation. A cancellation confirmation will be issued by the Platform upon successful completion.
Cancellation takes effect at the end of the current billing period. The Subscriber's access to the Platform will remain active until the last day of the paid period. After that date, access will be revoked and the account will enter a read-only or suspended state as applicable.
It is the Subscriber's sole responsibility to: (a) cancel the subscription before the next billing date to avoid being charged for the subsequent period; (b) export or back up all Subscriber Data required prior to the cancellation effective date; and (c) notify all Authorised Users of the upcoming loss of access.
The Company is not responsible for any charges incurred as a result of the Subscriber's failure to cancel through the Platform in time. Any claim that a cancellation was communicated through a channel other than the Platform's self-service function will not be accepted.
Following the cancellation effective date, Subscriber Data will be retained by the Company in accordance with our Privacy Policy. The Company is not obligated to provide access to Subscriber Data after the cancellation date. Subscribers are strongly advised to export their data before cancellation takes effect.
The Subscriber agrees to use the Platform solely for lawful construction project management and costing purposes. The following activities are strictly prohibited:
The Company reserves the right to investigate suspected breaches of this clause and to take any action it deems appropriate, including immediate account suspension, termination, and referral to the relevant authorities.
All intellectual property rights in the Platform — including but not limited to the software, code, algorithms, interfaces, design, branding, trademarks, databases, documentation, and all updates or derivative works — are and shall remain the exclusive property of Global Digital Technologies Sdn. Bhd. and are protected under the Copyright Act 1987, the Trade Marks Act 2019, the Patents Act 1983, and all other applicable Malaysian and international intellectual property laws. No rights are transferred to the Subscriber under this Agreement other than the limited licence expressly set out in Clause 3.1.
The Subscriber retains ownership of Subscriber Data. By uploading or entering data into the Platform, the Subscriber grants the Company a worldwide, royalty-free, perpetual, irrevocable licence to use, store, process, reproduce, and create anonymised or aggregated derivatives of such data for the purposes of operating, maintaining, improving, and commercialising the Platform.
Any feedback, suggestions, feature requests, or ideas submitted by the Subscriber or its Authorised Users become the sole property of the Company and may be used without restriction, acknowledgement, or compensation.
The collection, use, storage, and disclosure of personal data in connection with the Platform is governed by the Company's Privacy Policy, which is incorporated into this Agreement by reference and forms part of the overall legal framework between the parties. By accepting this Agreement, the Subscriber also accepts the Privacy Policy in full.
The Subscriber warrants that it has obtained all necessary consents from its Authorised Users and any third parties whose personal data is entered into the Platform, as required under the Personal Data Protection Act 2010 (PDPA). The Subscriber shall indemnify the Company against any claim, penalty, or liability arising from the Subscriber's failure to obtain such consents.
The Company reserves the right to modify, update, enhance, restructure, rebrand, or discontinue any part of the Platform — including any feature, module, integration, interface, or pricing structure — at any time and at its sole discretion, with or without prior notice to Subscribers. No such change shall entitle the Subscriber to a refund of Subscription Fees already paid or to terminate this Agreement without consequence.
The Platform may be temporarily unavailable due to scheduled maintenance, upgrades, or emergency repairs. The Company will endeavour to provide advance notice of scheduled maintenance where practicable, but does not guarantee any minimum uptime or availability level unless a specific Service Level Agreement (SLA) has been separately executed in writing.
The Platform may rely on third-party services, APIs, and infrastructure providers. The Company shall not be liable for any disruption to the Platform caused by the failure, downtime, or changes in policy of any third-party service provider.
The Company may immediately suspend the Subscriber's access to the Platform, without notice and without liability, in any of the following circumstances:
The Company may terminate this Agreement and the Subscriber's account with immediate effect and without liability if: (a) a suspension under Clause 11.1 is not remedied within 14 days; (b) the Subscriber commits a material or repeated breach; (c) the Company decides to discontinue the Platform; or (d) continued provision of the service becomes commercially, technically, or legally impracticable at the Company's sole determination.
Upon termination: all licences granted under this Agreement cease immediately; the Subscriber's access to the Platform is revoked; no Subscription Fees will be refunded; and Subscriber Data will be retained in accordance with the Privacy Policy. The Company is not obligated to provide access to or export of Subscriber Data after termination unless required by law.
Clauses relating to intellectual property, indemnity, limitation of liability, confidentiality, non-refundable fees, and governing law shall survive the termination or expiry of this Agreement.
The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by Malaysian law, the Company expressly disclaims all warranties, including but not limited to:
The Subscriber uses the Platform entirely at its own risk. The Company makes no representation that project costings, quotes, BQ outputs, or any financial figures generated by the Platform are accurate, compliant with any regulatory standard, or suitable for submission to any authority, client, or contractor.
To the maximum extent permitted by Malaysian law:
The Company's total aggregate liability to the Subscriber under or in connection with this Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the amounts set out below, which the parties acknowledge as a genuine and reasonable pre-estimate of the maximum loss that could foreseeably arise in connection with this Agreement having regard to the value of the subscription:
Regardless of subscription tier, the Company shall not be liable for any: (a) loss of profits, revenue, or business opportunity; (b) loss, corruption, or inaccessibility of Subscriber Data; (c) loss of goodwill, reputation, or anticipated savings; (d) indirect, special, incidental, consequential, or punitive damages of any nature; or (e) any claim arising from the Subscriber's reliance on Platform outputs — including BQ calculations, cost estimates, quotations, or invoices — for tendering, contractual, regulatory, or financial purposes, even if the Company had been advised of the possibility of such loss.
Nothing in this Clause 13 limits or excludes the Company's liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation by the Company; or (c) any other liability that cannot lawfully be limited or excluded under Malaysian law, including any mandatory right under the Personal Data Protection Act 2010 that applies notwithstanding contractual agreement to the contrary.
Free Plan users have no monetary claim against the Company under any circumstances. By continuing to use the Free Plan, the Subscriber irrevocably acknowledges that the absence of financial consideration paid is the basis for this full exclusion, and that this exclusion is reasonable, proportionate, and fully disclosed prior to registration.
The Subscriber shall fully, unconditionally, and irrevocably indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, shareholders, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, losses, damages, costs, expenses, fines, penalties, and liabilities of any nature whatsoever (including solicitor-client legal fees on a full indemnity basis) arising out of or in connection with:
This indemnity obligation survives termination or expiry of this Agreement and is not limited by the liability cap set out in Clause 13. The Company reserves the right to assume exclusive control of the defence and settlement of any claim subject to this indemnity, at the Subscriber's cost.
A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party that prevents or delays the performance of its obligations under this Agreement, including but not limited to:
If a Force Majeure Event occurs, the affected party's obligations under this Agreement are suspended for the duration of the Force Majeure Event to the extent directly caused by it. The affected party shall: (a) notify the other party as soon as reasonably practicable; (b) use commercially reasonable efforts to mitigate the effects; and (c) resume performance as soon as the Force Majeure Event has ceased.
During a Force Majeure Event affecting the Company, the Company shall not be liable to the Subscriber for any suspension, interruption, or degradation of Platform services, and the Subscriber shall not be entitled to any refund, service credit, or compensation in respect of any affected period. The Company may, at its sole discretion, extend subscription periods, reduce features, or alter service delivery methods during a Force Majeure Event without this constituting a breach of this Agreement.
If a Force Majeure Event affecting the Company continues for more than ninety (90) consecutive days, the Company may terminate this Agreement by written notice to the Subscriber without liability, and no refund of pre-paid Subscription Fees shall be payable.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information").
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order — provided the receiving party gives prompt written notice before such disclosure where legally permitted.
Notwithstanding the above, the Company may disclose the existence of this Agreement and the Subscriber's status as a customer for marketing, referral, or investor relations purposes, unless the Subscriber expressly requests otherwise in writing.
The Company reserves the right to amend, update, or replace this Agreement at any time, at its sole discretion, without requiring the prior consent of any Subscriber. Revised terms will be published at https://mydigital.contractors/terms-of-service and https://sykt.contractors/terms-of-service with an updated effective date.
Where amendments are material, the Company will endeavour to provide notice to active Subscribers by email or via an in-platform notification. Continued use of the Platform after the effective date of any amendment constitutes the Subscriber's irrevocable acceptance of the revised Agreement. It is the Subscriber's responsibility to review this Agreement periodically.
If the Subscriber does not agree to an amendment, its sole remedy is to cancel its subscription through the Platform before the revised terms take effect. No refund will be issued in such circumstances.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, including the Contracts Act 1950, the Civil Law Act 1956, the Electronic Commerce Act 2006, the Copyright Act 1987, the Personal Data Protection Act 2010, the Arbitration Act 2005, and all other applicable Malaysian statutes and regulations.
In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, breach, or termination (a "Dispute"), the parties shall first attempt to resolve the matter through good-faith written negotiation. The disputing party shall issue a written notice of Dispute to the other party, and the parties shall have thirty (30) days from the date of that notice to reach a negotiated resolution before proceeding to the next step.
If the Dispute is not resolved through negotiation within thirty (30) days, either party may refer the matter to mediation administered by the Malaysian Mediation Centre (MMC) under its prevailing mediation rules. The cost of mediation shall be shared equally between the parties unless otherwise agreed. The parties shall participate in the mediation in good faith and shall not commence litigation or arbitration proceedings until the earlier of: (a) the mediator issuing a certificate of failed mediation; or (b) sixty (60) days from the appointment of the mediator, whichever is sooner.
If mediation fails and the total amount in Dispute is less than Ringgit Malaysia Five Hundred Thousand (RM500,000), the Dispute shall be submitted to and finally resolved by the courts of Malaysia with jurisdiction determined by the amount in dispute in accordance with the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964, as follows:
The Subscriber irrevocably submits to the exclusive jurisdiction of the Malaysian courts for all such Disputes and waives any objection to venue or inconvenient forum.
If mediation fails and the total amount in Dispute is Ringgit Malaysia Five Hundred Thousand (RM500,000) or above, either party may elect to refer the Dispute to binding arbitration by serving written notice of arbitration election on the other party within thirty (30) days of the issuance of a certificate of failed mediation. If no such election is made within that period, the Dispute shall proceed to the Malaysian courts under Clause 18.4.
Where arbitration is elected, the following terms apply:
Why this threshold? Arbitration at the AIAC involves significant procedural costs. For smaller subscription and fee disputes, Malaysian court proceedings are faster and more cost-effective. The RM500,000 threshold ensures arbitration is only invoked where its benefits — confidentiality, finality, and international enforceability — justify the cost.
Notwithstanding any other provision in this Clause 18, either party may at any time apply to any court of competent jurisdiction in Malaysia for urgent injunctive relief, a Mareva injunction, an Anton Piller order, or any other emergency or interim equitable remedy necessary to protect its intellectual property rights, confidential information, data, or to prevent irreparable harm. Seeking such relief shall not be deemed a waiver of the right to arbitrate or litigate the underlying Dispute, and shall not prejudice any ongoing or future dispute resolution proceedings.
Unless and until this Agreement is terminated in accordance with its terms, both parties shall continue to perform their respective obligations under this Agreement notwithstanding the existence of any Dispute or the commencement of any negotiation, mediation, arbitration, or court proceeding.
This Agreement, together with the Privacy Policy and any Order Form or addendum executed by both parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, representations, and agreements, whether oral or written.
If any provision of this Agreement is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the Agreement without affecting the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.
The Subscriber may not assign, novate, or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign this Agreement, including in connection with a merger, acquisition, or sale of its business or assets, without the Subscriber's consent.
Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the Company and the Subscriber. Neither party has the authority to bind the other in any manner.
All legal notices under this Agreement must be in writing and delivered by registered post or email with confirmed delivery to the addresses set out in the Agreement or as updated by either party. Notices are deemed received on the date of confirmed delivery.
The parties acknowledge that this Agreement is formed electronically and is legally binding pursuant to the Electronic Commerce Act 2006 (Act 658). No handwritten signature is required for this Agreement to be valid and enforceable.
For enquiries regarding this Agreement, subscription billing, or to report a breach of these terms, please contact us in writing:
Global Digital Technologies Sdn. Bhd. (201901043163) (1352493-X)
3-2-2, Jalan 4/101C, Cheras Business Center
56100 Kuala Lumpur, Malaysia
Email: legal@mydigital.contractors
Websites: https://mydigital.contractors · https://sykt.contractors
We will acknowledge all written legal enquiries within 7 business days. Please quote your account registration number and the relevant clause number in all correspondence.