Terms of Service

Last Updated: April 2026

1. Acceptance of Terms

Please read these Terms of Service ("Terms") carefully before using any services, software, or platforms provided by XTD Tech ("XTD Tech", "the Company", "we", "us", or "our"), including AIKawan. These Terms apply to all XTD Tech products and services, including custom software development, AI Agent Platform, and any associated applications or platforms.

BY USING OUR SERVICES OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

By accepting these Terms, you represent that you are at least 18 years of age, are authorised to represent your organisation (if applicable), and agree to provide accurate and complete information.

2. Rights of Service

XTD Tech grants you a non-transferable, non-exclusive licence to use our Services subject to these Terms. You agree not to:

3. Intellectual Property

All titles, copyrights, trade secrets, patents, trademarks, and other intellectual property in and to XTD Tech's Services, platform, and software are owned by the Company. Unless otherwise agreed in a separate written agreement, all proprietary technology, algorithms, and frameworks developed by XTD Tech remain the exclusive property of the Company.

For custom software development projects, intellectual property ownership terms will be defined in the specific project agreement or Statement of Work (SOW) between XTD Tech and the client.

4. Fees and Payments

4.1 Fees

Charges for our Services follow the pricing published on our website, as stated in sales quotations, or as agreed upon in individual service agreements.

4.2 Price Changes

The Company reserves the right to change its subscription fees and service pricing at any time, at its sole and absolute discretion, with a minimum of 14 days' written notice. Price changes apply to future subscriptions and service periods only.

4.3 Payment Policies

You agree to pay all applicable charges as described in your service agreement. The Company may update payment policies at its discretion with reasonable notice.

4.4 Account Information

You must provide accurate, complete, and current payment and account information, and maintain the accuracy of such information throughout the term of service.

4.5 Payment Methods

Payment options include bank transfer, credit card, and other payment methods as made available by XTD Tech. Payment terms and methods will be specified in your service agreement or invoice.

4.6 Subscription Services

For subscription-based services, the Company will send email reminders before subscription expiration. Unpaid subscriptions may become inactive, preventing access to services and data. Data will be retained for a maximum of 30 days during any inactive period.

4.7 Termination

You may terminate your subscription at any time by emailing hello@aikawan.com. Refunds are not provided for unused portions of any prepaid service period unless otherwise stated in your service agreement.

4.8 Taxes

All prices quoted by XTD Tech are exclusive of any applicable value-added tax (VAT), goods and services tax (GST), sales tax, service tax, or any other government-imposed taxes. You are responsible for all applicable taxes related to your use of our Services.

5. Representations and Warranties

By using our Services, you represent and warrant that:

6. Indemnification

You agree to indemnify, defend, and hold harmless XTD Tech, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from your breach of any representation or warranty in these Terms, your violation of applicable law, or your improper use of our Services.

7. Confidentiality

Both parties agree to treat all confidential information received from the other party as confidential, whether disclosed orally or in writing, relating to business operations, sales, marketing, technical operations, clients, or any proprietary information. This obligation of confidentiality shall survive the termination of this agreement.

8. Term and Termination

8.1 Duration

This agreement begins upon your acceptance of these Terms and continues for the duration of your service subscription or project engagement. Subscription-based services automatically renew unless either party provides written termination notice.

8.2 Company's Termination Rights

XTD Tech may suspend or terminate your access to Services at its discretion for failure to make timely payments, violation of these Terms, conduct harmful to the Company or other users, or any activity that may expose the Company to legal liability. All decisions made by the Company in this matter are final and binding.

8.3 Effects of Termination

Upon termination, you will lose access to your account and Services. For subscription-based services, your account will remain in an inactive state for 30 days, during which you may download your data. After 30 days, all data will be permanently deleted.

8.4 Force Majeure

XTD Tech shall not be liable for any delay or failure in performance caused by events beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, strikes, government actions, power outages, or infrastructure failures.

9. Modifications

The Company may modify these Terms, rates, and fees at its discretion with a minimum of 14 days' notice via email or website posting. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

10. Technical Support

Technical support is available via hello@aikawan.com. We aim to respond to support requests within 24 hours during business days. Support availability and response times may vary based on your service tier.

11. Data

11.1 Data Storage

Your data is hosted on secure cloud infrastructure (including AWS) unless otherwise agreed. The Company does not represent or warrant that the use of our Services will be uninterrupted or completely error-free at all times.

11.2 Data Backup

While XTD Tech employs reasonable backup measures, we are not responsible for data loss caused by factors beyond our control. You are responsible for maintaining your own backups and data exports where applicable.

11.3 Your Data

Data you create, upload, or manage through our Services remains your property ("Your Data"). The Company will use Your Data only for the purposes of providing the Services and will not disclose it to third parties except as required by law or court order.

12. External Links

Our Services may contain links to third-party websites and services. XTD Tech has not reviewed all linked sites and is not responsible for the content, accuracy, or practices of any third-party websites. The inclusion of any link does not imply endorsement by XTD Tech.

13. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. XTD TECH DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Applicable Law

This agreement is governed by and construed in accordance with the laws of Malaysia, without regard to conflict-of-law principles. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

15. Limitation of Liability

XTD TECH WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION.

In no event shall XTD Tech's total liability exceed the amounts paid by you to XTD Tech in the twelve (12) months preceding the claim.

16. Assignment

You may not resell, assign, or transfer your rights or obligations under these Terms without the prior written consent of XTD Tech. Any attempted assignment without consent shall be void and may result in immediate termination of Services.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any applicable service agreements, Statements of Work, and our Privacy Policy, constitute the entire agreement between you and XTD Tech and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact Information

For questions or concerns about these Terms of Service, please contact us:

XTD Tech (Developer of AIKawan)
Email: hello@aikawan.com
Website: www.xtdtech.com

© 2026 XTD Tech. All rights reserved. AIKawan is a product of XTD Tech.