MobiWeb Sdn Bhd (760405-K) · Version 2.0 · Effective 1 April 2025
This User Agreement ("Agreement") is a legally binding agreement between you ("User", "you") and Mobiweb Sdn Bhd (Company No. 760405-K) ("MobiWeb", "iSMS", "we", "us"), governing your use of all products, platforms, websites, and services operated by MobiWeb Sdn Bhd, including but not limited to iSMS, VocoText, and any other current or future services under the MobiWeb brand ("MobiWeb Services").
By clicking "Register", "Accept", or by otherwise accessing or using any iSMS service, you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you must not use the iSMS platform.
If you are registering on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to this Agreement.
Subject to the terms of this Agreement and payment of applicable credits, MobiWeb grants you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the iSMS platform solely for your own internal business purposes.
You must not:
The iSMS platform, software, website content, trademarks, and all related intellectual property are owned by MobiWeb Sdn Bhd or its licensors. This Agreement does not grant you any ownership rights. All rights not expressly granted are reserved by MobiWeb.
You retain ownership of any content or contact data you upload to the iSMS platform. By uploading content, you grant MobiWeb a limited licence to process and transmit that content solely for the purpose of delivering your messages.
You must register an account to use the iSMS platform and must provide true, accurate, current, and complete information as prompted during sign-up. You are responsible for maintaining the accuracy of your account information at all times.
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify MobiWeb immediately at [email protected] if you suspect any unauthorised access to your account.
In the event of a company account transfer, the outgoing company must notify MobiWeb in writing. All account balances and pending obligations remain with the registered account holder until formal transfer is completed.
Accounts that share login credentials between multiple unrelated parties without MobiWeb's prior written approval may be suspended without notice.
iSMS operates on a prepaid credit system. Pricing is listed on our respective product websites and may be revised at any time without prior notice.
Network service providers' charges and rates may differ from iSMS published rates for international destinations and may be revised without prior notice.
As a user of the iSMS platform, you are a data user under Malaysia's Personal Data Protection Act 2010 (PDPA). You acknowledge and agree that:
You agree not to use the iSMS platform to send or facilitate any message that is:
MobiWeb reserves the right to suspend or terminate your account immediately if prohibited content is detected. All payments are non-refundable in such cases. MobiWeb may also report such activity to the relevant authorities including MCMC, the Royal Malaysia Police, or Bank Negara Malaysia where appropriate.
iSMS has a zero-tolerance policy against spam. We maintain automated filtering systems to detect and block spam activity. Users found to be sending spam will have their accounts suspended immediately. All payments are strictly non-refundable.
If you receive unsolicited messages sent via the iSMS platform, please report them to [email protected] with the message content, delivery time, and sender name or number. We take all spam complaints seriously and investigate promptly.
The delivery of SMS messages and WhatsApp Business API (WABA) messages is dependent on the effective functioning of:
For SMS in Malaysia, delivery reports reflect acknowledgement by the Telco SMSC only — not confirmed delivery to the recipient's handset. Malaysian telcos do not provide handset-level delivery confirmation (DLR) by default.
Network operators and Meta/WhatsApp may modify, enhance, develop, or discontinue components of their services at any time without prior notice, and MobiWeb shall be entitled to modify or discontinue related services accordingly without liability.
iSMS makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the platform, the information contained on the website, your personal information, or material and information transmitted over our system. The platform is provided on an "as-is" and "as-available" basis.
To the maximum extent permitted by applicable Malaysian law, MobiWeb shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the iSMS platform — including but not limited to loss of revenue, loss of data, loss of business, or reputational damage — even if MobiWeb has been advised of the possibility of such damages.
The entire cumulative liability of MobiWeb to you for any claims arising under this Agreement shall not exceed the total amount paid by you to MobiWeb in the three (3) months immediately preceding the event giving rise to the claim, unless otherwise agreed by MobiWeb in writing.
You agree to defend, indemnify, and hold harmless MobiWeb Sdn Bhd, its directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from:
This indemnification obligation shall survive the termination or expiry of this Agreement.
MobiWeb shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:
MobiWeb will use reasonable endeavours to notify affected users and restore services as soon as practicable following a force majeure event.
MobiWeb may suspend or terminate your account immediately and without notice if you breach any term of this Agreement, engage in prohibited use, or fail to make payment. Upon termination:
If your account is terminated due to credit expiry (inactive for more than 90 days after expiry), MobiWeb may permanently delete your account data. MobiWeb will make reasonable efforts to notify you prior to account deletion.
You may terminate your account at any time by written notice to [email protected]. Credits are non-refundable upon voluntary termination, except where the 7-day unused credit refund policy in Section 5 applies.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Both parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the resolution of any dispute arising out of or in connection with this Agreement.
In the event of any dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation within 30 days of written notice of the dispute. If resolution cannot be reached within that period, either party may pursue remedies available under Malaysian law.
Entire Agreement: This Agreement constitutes the entire agreement between you and MobiWeb regarding the iSMS platform and supersedes all prior representations, commitments, or agreements.
Amendments: MobiWeb may modify this Agreement at any time by posting the updated version on our website with a revised effective date. Your continued use of the platform after such changes constitutes acceptance of the updated terms.
Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: MobiWeb's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
Conflict: Where conflict appears between these terms and any other relevant terms and conditions, the more specific terms shall prevail.
Language: This Agreement is written in English. In the event of any inconsistency between an English version and any translation, the English version shall prevail.
Privacy Policy: Your use of the iSMS platform is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.
To activate your iSMS account, please email the following to [email protected] with subject "iSMS Account Activation — [Your Username]":
A copy of your Company Registration Certificate (e.g. SSM for Malaysia, or equivalent registration document for overseas companies) to verify your company's registration details.
Your company website URL to help us understand your business and operations.
Your company's physical registered address for verification and correspondence.
Recent utility bill (electricity, water, or internet) within the last 3 months as proof of address.