Terms of Use

1. Acceptance of terms

These Terms of Use apply to all visitors, users, and clients of Dotask Enterprise, registration no. 202403036995 (003574878-D) ("doTask," "we," "us," or "our"). They govern your use of our website and the terms under which we provide marketing, creative, technology, and related services.

These Terms should be read alongside our Privacy Policy, which governs how we collect and use personal data. For clients engaged under a specific project or retainer, a separate Service Agreement or Statement of Work ("SOW") will govern the specific terms of that engagement. In the event of a conflict, the SOW takes precedence.

2. Our services

doTask provides digital marketing, creative production, technology, and strategy services to businesses in Malaysia and internationally. Our services include but are not limited to:

• Performance marketing (Meta Ads, Google Ads, TikTok Ads)
• Social media content creation and management
• Brand identity design and guidelines
• Video and media production
• Web design and development
• AI automation systems and dashboards, including the doTask Chatbot messaging service (section 3A)
• KOL and influencer campaign management
• Search engine optimisation (SEO)
• Email marketing and automation
• Brand and campaign strategy

The specific scope, deliverables, timelines, and pricing for any engagement are set out in an agreed SOW or proposal. DoTask reserves the right to modify, suspend, or discontinue any service at any time with reasonable notice.

3. Accounts & access

Certain parts of our website or client portal may require you to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access

You must not share your login credentials with any third party. DoTask is not liable for any loss or damage arising from unauthorised account access caused by your failure to keep credentials secure.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or that have been inactive for more than 24 months.

3A. Messaging service (doTask Chatbot)

The doTask Chatbot lets a business (a "merchant") connect its Instagram, WhatsApp or Facebook Messenger account, or place a chat widget on its website, receive customer messages in one inbox, and answer them either personally or with replies generated automatically by an AI model. These additional terms apply to merchants who use it.

Your account and your customers

• You must own or be authorised to operate every account you connect. Connecting an account authorises us to receive its messages and send replies on its behalf, and nothing else.
• You are responsible for your customers' data. You confirm you have the right to have their messages processed by us and by our AI provider as described in our Privacy Policy, and you will tell your customers that automated replies may be used where the law requires it.
• You must comply with the terms and messaging policies of each platform you connect, including Meta's Platform Terms and its messaging policies for Instagram, WhatsApp and Messenger. If a platform suspends or restricts your account, we cannot restore it.

Google services you connect

• YouTube. Posting to a YouTube channel from doTask uses YouTube API Services. By connecting a channel you agree to be bound by the YouTube Terms of Service, and Google handles data under the Google Privacy Policy. You can remove doTask's access in doTask or at Google's security settings.
• Google Ads. If you connect a Google Ads account, you must follow the Google Ads policies, including the Customer Match policy: upload only customer data you collected yourself, with any consent the law requires, and say in your own privacy policy that you share customer data with service providers such as Google for advertising.
• Google Calendar and Business Profile. doTask uses them only to provide the features you switch on, as our Privacy Policy describes.

Automated replies

• Automated replies are generated by an AI model from the conversation and from the instructions and business information you provide. You are responsible for that information being accurate and for reviewing how the assistant answers.
• The assistant is designed to hand a conversation to you rather than guess, and it cannot take actions on your behalf (it cannot book, refund, or change orders). It may still make mistakes. Automated replies are sent in your name, and you remain responsible for them as you would be for any communication with your customers.
• You can take over any conversation at any time; automated replies stop while you have it.

Data and confidentiality

Your conversations are processed on your instructions as set out in our Privacy Policy. We do not sell them, do not train AI models on them, and do not use them for any other merchant. A data processing agreement is available on request.

Availability

Delivery of messages depends on the platforms (Meta and others) and on our providers. We monitor the service continuously and aim for it to be available at all times, but we do not guarantee uninterrupted delivery, and we are not responsible for messages a platform fails to deliver to us or to your customers.

Fees, term and termination

Fees for the doTask Chatbot are as set out in your order form or SOW. Section 6 (payment) and section 12 (termination) apply. When your access ends, we delete your conversations and disconnect your accounts as described in the Privacy Policy; you may export your conversations before then on request.

4. Intellectual property

doTask's intellectual property

The doTask website, its design, content, logos, trademarks, text, graphics, software, and all other materials are owned by or licensed to Dotask Enterprise and are protected by Malaysian and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any doTask content without our express written permission.

Work product ownership

Unless otherwise agreed in writing in an SOW:

• Upon full payment of all fees, the client receives full ownership of final deliverables specifically created for that client (e.g. Logos, website code, campaign creative).
• doTask retains ownership of all underlying tools, frameworks, methodologies, pre-existing intellectual property, and any reusable components used in producing deliverables.
• Portfolio rights: doTask retains the right to display completed work in its portfolio, case studies, and marketing materials unless the client requests confidentiality in writing.

Work product ownership does not transfer until all outstanding invoices for the relevant engagement are paid in full.

5. Client content

By providing us with any content, materials, data, or assets ("Client Content") for use in delivering services, you represent and warrant that:

• You own or have the necessary rights to the Client Content
• The Client Content does not infringe any third-party intellectual property rights
• You have obtained all necessary consents for any personal data included in Client Content
• The Client Content does not violate any applicable laws

You grant doTask a limited, non-exclusive licence to use Client Content solely for the purpose of providing the agreed services. We will not use Client Content for any other purpose without your consent.

6. Payment terms

Payment terms are specified in each SOW or invoice. Unless otherwise agreed:

• Retainer services: Invoiced monthly in advance, due within 14 days of invoice date.
• Project work: A deposit of 50% is required before work commences; the balance is due upon delivery of final files.
• Late payments: Invoices unpaid after 30 days may incur a late payment charge of 1.5% per month on the outstanding amount.
• Suspension: doTask reserves the right to pause or suspend services for accounts with overdue invoices, with 7 days' written notice.

All prices are quoted in Malaysian Ringgit (MYR) or US Dollar (USD) as specified, and are exclusive of applicable taxes (including SST) unless stated otherwise.

7. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the course of an engagement ("Confidential Information"), including but not limited to business strategies, client lists, pricing, technical systems, and campaign performance data.

Confidential Information may not be disclosed to third parties without written consent, except as required by law. This obligation survives the termination of any engagement for a period of 2 years.

doTask operates a strict internal information security policy. Client data is accessible only to the team members actively working on that engagement.

8. Prohibited use

You agree not to use our website or services to:

• Violate any applicable Malaysian or international law or regulation
• Infringe the intellectual property rights of doTask or any third party
• Transmit any harmful, offensive, defamatory, or illegal content
• Interfere with or disrupt the operation of our website or services
• Attempt to gain unauthorised access to our systems or data
• Use our services to promote illegal activities, scams, or fraudulent schemes
• Misrepresent your identity or affiliation for the purpose of obtaining services
• Engage in any activity that could damage, overload, or impair our infrastructure

We reserve the right to immediately terminate any engagement and refuse service to any party found to be engaging in prohibited use.

9. Disclaimers

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by Malaysian law, doTask makes no warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of specific marketing results, rankings, conversion rates, or revenue outcomes
• Warranties that the website will be uninterrupted, error-free, or free of viruses

Marketing performance is dependent on many factors outside our control, including platform algorithm changes, market conditions, and client-side implementation. We commit to our best professional efforts but cannot guarantee specific results.

10. Limitation of liability

To the maximum extent permitted by applicable law, doTask's total liability to you for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to doTask in the 3 months preceding the claim.

In no event shall doTask be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption. Even if we have been advised of the possibility of such damages.

This limitation does not apply to liability arising from our fraud, wilful misconduct, or death or personal injury caused by our negligence.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dotask Enterprise and its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of our services in violation of these Terms
• Your Client Content infringing any third-party rights
• Your violation of any applicable law or regulation
• Any misrepresentation made by you in connection with our services

12. Termination

Either party may terminate an ongoing engagement by providing written notice as specified in the relevant SOW. In the absence of a specific SOW term, either party may terminate with 30 days' written notice.

doTask may terminate immediately and without notice if:

• You breach these Terms and fail to remedy the breach within 7 days of written notice
• You become insolvent or enter bankruptcy proceedings
• Your use of our services violates applicable law

Upon termination: all outstanding invoices become immediately due; doTask will deliver all completed work product to the client (subject to payment); and any work in progress will be invoiced on a pro-rata basis.

Provisions that by their nature should survive termination. Including intellectual property, confidentiality, payment obligations, and limitation of liability. Shall do so.

13. Governing law & dispute resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from written notice of the dispute.

14. Changes to these terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will provide reasonable notice to active clients (such as by email).

Your continued use of our website or services after any changes take effect constitutes your acceptance of the revised Terms.

15. Contact

For any questions about these Terms of Use, or to report a potential violation:

• General Enquiries: [email protected]
• Support: [email protected]
• Marketing & Partnerships: [email protected]
• Subject line: Terms of Use Enquiry
• Business: Dotask Enterprise (202403036995 / 003574878-D)
• Address: Kuala Lumpur, Malaysia