Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of FW Shield (the "Service") at app.spao.com.my, operated by SPAO (M) Sdn Bhd and Agensi Pekerjaan SPAO Sdn Bhd (License JTKSM 854C), collectively referred to as "SPAO", "we", "us", or "our".

By accessing or using FW Shield, you ("Client", "User", or "you") agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

To use FW Shield, you must:

• Be at least 18 years of age
• Be authorized by your employer or company to manage foreign worker data
• Have the legal capacity to enter into a binding agreement
• Be a registered SPAO client or invited user

FW Shield is a B2B service intended for legitimate Malaysian businesses managing foreign workers in compliance with applicable laws.

3. Description of Service

FW Shield provides:

• Foreign worker database management
• Permit, FOMEMA, insurance, and document expiry tracking
• Document storage and retrieval
• AI-assisted document scanning and compliance support (paid tiers)
• Audit log and activity tracking
• Multi-user access with role-based permissions

We may add, modify, or discontinue features at any time. Major changes will be communicated in advance.

4. Account Registration

4.1 Account Creation

Accounts are created by SPAO administrators on behalf of client companies. You are responsible for keeping your login credentials confidential. Do not share passwords. Notify us immediately if you suspect unauthorized access.

4.2 Account Roles

• Admin — Full access (SPAO staff only)
• Staff — Operational access (SPAO staff)
• Client — Limited to your own company's data

5. Subscription Tiers and Payment

5.1 Tiers

• Free — Permanent free tier for SPAO founding partner clients
• Pro — RM 199/month (AI features included with usage limits)
• Enterprise — RM 499/month (unlimited AI, white-glove service)

5.2 Billing

Paid tiers are billed monthly in advance. Failure to pay may result in account suspension. Refund policy: Pro-rated refunds available within the first 14 days of upgrade.

5.3 Free Tier Promise

SPAO's founding partner clients on the Free tier will not be charged for the features included in Free tier. We reserve the right to add new optional paid features but will not retroactively charge for existing Free tier features.

6. Acceptable Use

You agree NOT to:

• Use FW Shield for any illegal or unauthorized purpose
• Submit false, misleading, or fraudulent worker information
• Attempt to gain unauthorized access to other client companies' data
• Reverse-engineer, decompile, or attempt to extract the source code
• Use automated bots, scrapers, or other tools to access the Service
• Resell, rent, or sublicense access to FW Shield without our written consent
• Upload viruses, malware, or harmful content
• Use FW Shield to harass, defame, or violate the privacy of foreign workers or others
• Violate Malaysian foreign worker employment laws

7. Your Responsibilities

As a Client, you are responsible for:

• Data accuracy: Entering correct, up-to-date worker information
• Worker consent: Obtaining necessary consent from workers for their data to be processed in FW Shield
• Compliance: Ensuring your foreign worker employment practices comply with Malaysian law
• Document validity: Verifying that documents you upload are authentic and valid
• Payment: Timely payment of subscription fees (paid tiers)
• Account security: Protecting your login credentials

8. Intellectual Property

8.1 Our Content

FW Shield, including its software, design, logos, branding, and documentation, is the intellectual property of SPAO. You may not copy, modify, distribute, or create derivative works without our written consent.

8.2 Your Content

You retain ownership of the data you submit (worker records, documents, etc.). By using FW Shield, you grant SPAO a limited license to store, process, and display your data solely for the purpose of providing the Service.

9. AI Features and Limitations

FW Shield uses AI (Anthropic Claude) for document scanning and compliance assistance. You acknowledge:

• AI-generated content may contain errors or inaccuracies
• You should verify AI-extracted data before relying on it for compliance decisions
• AI responses are informational, not legal advice
• Important compliance decisions should be reviewed by qualified personnel

10. Data Backup and Loss

While we use reliable cloud infrastructure with redundancy, we recommend that you:

• Export your worker data to Excel periodically as backup
• Maintain physical or alternate digital copies of critical documents

SPAO is not liable for data loss caused by force majeure, third-party service failures, or your own actions.

11. Service Availability

We strive for high uptime but do not guarantee 100% availability. Scheduled maintenance, third-party service outages, or force majeure events may cause downtime. We will provide advance notice of planned maintenance when possible.

12. Limitation of Liability

To the maximum extent permitted by Malaysian law:

• FW Shield is provided "as is" without warranties of any kind
• SPAO is not liable for indirect, consequential, or special damages
• Our total liability for any claim is limited to the amount you paid for the Service in the 12 months preceding the claim (or RM 100, whichever is greater for free users)
• We are not liable for fines, penalties, or damages arising from compliance failures by you or your company

13. Indemnification

You agree to indemnify and hold harmless SPAO, its directors, employees, and partners from any claims, damages, or expenses arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party rights, including data privacy of foreign workers.

14. Termination

14.1 By You

You may terminate your account at any time by contacting us. Export your data before termination as you will lose access after 30 days.

14.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay fees (for paid tiers)
• Engage in fraudulent or harmful activities

14.3 Effect of Termination

Upon termination, your access ends. We retain data for 30 days for recovery purposes, then permanently delete it (subject to legal retention requirements).

15. Modifications to Terms

We may update these Terms occasionally. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Continued use after changes constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of Malaysia. Any disputes shall be resolved through:

1. Good faith negotiation — Contact us first to resolve issues amicably
2. Mediation — If unresolved, mediation through Asian International Arbitration Centre (AIAC), Kuala Lumpur
3. Courts of Malaysia — If mediation fails, the courts of Pulau Pinang shall have exclusive jurisdiction

17. Severability

If any part of these Terms is found unenforceable, the remaining provisions remain in full effect.

18. Contact Us