These Terms of Service (the “Terms”) govern your access to and use of the BMS Pro software-as-a-service platform (the “Service”) operated by BMS Solution Sdn. Bhd., a company incorporated in Malaysia (“BMS”, “we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms.
1. Account Eligibility & Registration
The Service is intended for businesses operating beauty, wellness, or salon establishments in Malaysia. By registering, you represent that you are at least 18 years old, have the authority to bind the business you represent, and that the information you provide is accurate and complete.
2. Description of Service
BMS Pro is a multi-tenant cloud system providing point-of-sale, appointment scheduling, customer relationship management, inventory, commission, reporting, and related features. We continuously improve the Service and may add, remove, or modify features. We will provide reasonable notice of material changes that adversely affect your use.
3. Free Trial
New tenants receive a 14-day free trial. No payment method is required to start the trial. At the end of the trial, you may subscribe to a paid plan to continue using the Service. If you do not subscribe, your account will be restricted to a read-only state for up to 30 days, after which the account and its data may be deleted in accordance with our retention policy described in the Privacy Policy.
4. Subscription, Fees & Payment
Paid plans are billed in Malaysian Ringgit (MYR) in advance, monthly or annually, depending on the plan you select. Payments are processed by Stripe; by subscribing, you authorise us (via Stripe) to charge the payment method you provide on a recurring basis until cancelled.
You may cancel at any time. Cancellation takes effect at the end of the current billing period; no pro-rated refunds are issued for partial periods unless required by law. We may change pricing on at least 30 days' prior notice; the new pricing applies to the next renewal.
5. Your Data & Customer Data
You retain all rights to the data you and your staff input into the Service, including data about your end customers (collectively, “Your Data”). You grant us a limited, non-exclusive licence to host, store, and process Your Data solely to provide the Service to you.
You are responsible for obtaining lawful consent from your end customers before entering their personal data into the Service. Our handling of personal data is described in the Privacy Policy and our PDPA Notice.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful, fraudulent, or harmful purpose;
- Attempt to access another tenant's data or circumvent tenant isolation;
- Reverse engineer, decompile, or copy any part of the Service except as permitted by law;
- Resell, sublicense, or rent the Service to a third party without our written consent;
- Upload malicious code or interfere with the operation or security of the Service;
- Use the Service to send unsolicited messages outside the consent obtained from your end customers.
7. Intellectual Property
The Service, including all software, designs, trademarks, and documentation, is owned by BMS or its licensors and is protected by Malaysian and international intellectual-property law. These Terms grant you a limited, non-transferable, non-exclusive right to access and use the Service during your active subscription.
8. Third-Party Services
The Service integrates with third-party providers such as Stripe (billing), Meta WhatsApp Business Cloud API (messaging), Resend (email), and DigitalOcean (hosting). Your use of those services is governed by their respective terms. We are not responsible for outages or actions of third-party providers, though we will use commercially reasonable efforts to minimise their impact.
9. Confidentiality
Each party agrees to protect the other's confidential information with at least the same care it uses to protect its own, and not to disclose it except as necessary to perform under these Terms or as required by law.
10. Term & Termination
These Terms remain in effect for as long as you have an active account. We may suspend or terminate your account if you materially breach these Terms (including non-payment) after reasonable notice and an opportunity to cure where appropriate. You may cancel your subscription at any time via the billing portal. Upon termination, we will make a final export of Your Data available for 30 days, after which we may delete it.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service in violation of these Terms or applicable law, including any claim by an end customer relating to data you entered into the Service.
14. Governing Law & Disputes
These Terms are governed by the laws of Malaysia, without regard to its conflict-of-laws principles. The courts of Kuala Lumpur shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or via an in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms? Contact us at mybmspro@bmssolution.com.my.