Terms & Conditions

1. Definitions

• "Services" — the feedback analysis services offered by Pellucid Owl, including Feedback Snapshot, Sentiment Tracking Setup, and Voice-of-Customer Programme.
• "Client" / "You" — any individual or organisation that engages Pellucid Owl to perform Services.
• "Client Data" — customer feedback data provided by you to Pellucid Owl for analysis purposes.
• "Deliverables" — reports, summaries, reporting views, guides, and any other outputs produced by Pellucid Owl in the course of providing Services.
• "Agreement" — these Terms & Conditions together with any project-specific scope of work or proposal.

2. Acceptance of Terms

By submitting a contact form, signing a scope of work, or making payment for Services, you confirm that you:

• Are at least 18 years of age;
• Have the authority to enter into this Agreement on behalf of yourself or your organisation;
• Have read and agree to these Terms & Conditions.

3. Service Description

Pellucid Owl provides AI-assisted customer feedback analysis services to business clients. Services are offered as defined engagement packages with scope confirmed in writing before commencement. Services are primarily delivered to clients based in Malaysia, though we may accept engagements from clients in other countries at our discretion.

Availability of specific services may change. We will provide reasonable notice of any discontinuation of a service that affects an existing client engagement.

4. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate and complete information in scope discussions and data submissions;
• Ensure you have the right to share any Client Data with us for analysis purposes;
• Notify us of any data privacy obligations that apply to the Client Data before submission;
• Not submit data that you do not have lawful authority to process or share;
• Use Deliverables only for internal business purposes and not for redistribution or resale.

5. Intellectual Property

All methodologies, processes, templates, and analytical frameworks used by Pellucid Owl remain our intellectual property. Deliverables produced for you under a confirmed engagement are licensed to you for internal use on a non-exclusive, non-transferable basis once full payment has been received.

You retain ownership of Client Data you provide. We do not claim any ownership over your customer feedback data.

6. Payment Terms

• All fees are quoted in Malaysian Ringgit (RM) unless otherwise stated.
• Payment terms are specified in the project scope or invoice — typically 50% upfront and 50% on delivery, or as agreed in writing.
• Accepted payment methods include bank transfer to a Malaysian account. Alternative methods may be agreed in writing.
• Refunds: If we are unable to commence work due to circumstances on our side, any advance payment will be refunded in full. If work has commenced and you wish to cancel, a partial refund may be offered at our discretion based on work completed. No refund is provided once a Deliverable has been delivered.
• Invoices not paid within 14 days of the due date may incur a late payment fee of 1.5% per month on the outstanding balance.

7. Service Delivery Terms

• Delivery timelines are confirmed in writing at the start of each engagement and are subject to timely receipt of Client Data and any required approvals.
• Scope changes requested after project commencement may affect timelines and pricing. Any changes will be agreed in writing before implementation.
• We will notify you as early as possible if we anticipate a delay to a confirmed delivery timeline.
• A walk-through session is included in every service tier and must be scheduled within 21 days of Deliverable delivery.

8. Disclaimers

Our Services are provided on an "as is" basis. While we apply care and professional judgement to every engagement, we do not represent that:

• Analysis outputs will be free from all classification errors;
• Findings from Deliverables will produce specific business outcomes;
• AI-assisted theme classification will achieve 100% accuracy on all input data.

Deliverables are provided for informational and planning purposes and do not constitute legal, financial, or regulatory advice.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Our total liability to you in connection with any engagement shall not exceed the fees paid by you for that specific engagement.
• We shall not be liable for indirect, incidental, consequential, or loss-of-profit damages arising from use of our Services or Deliverables.
• We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, infrastructure failures, or third-party service outages.

10. Indemnification

You agree to indemnify and hold harmless Pellucid Owl, its directors, and staff from any claims, losses, or expenses (including legal fees) arising from your breach of this Agreement, your use of Deliverables, or your submission of Client Data that infringes the rights of a third party or violates applicable law.

11. Termination

Either party may terminate an engagement by written notice if the other party materially breaches this Agreement and fails to remedy the breach within 14 days of written notice. On termination:

• You remain liable for fees for work completed up to the date of termination;
• We will return or delete Client Data in accordance with our data handling agreement;
• Sections covering intellectual property, limitation of liability, and dispute resolution survive termination.

12. Dispute Resolution

This Agreement is governed by the laws of Malaysia. In the event of a dispute:

1. The parties will first attempt to resolve the matter informally through good-faith discussion within 30 days of written notice of the dispute.
2. If informal resolution is unsuccessful, the parties may refer the matter to mediation under the auspices of the Asian International Arbitration Centre (AIAC) before proceeding to litigation.
3. Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

13. General Provisions

• Entire Agreement: This Agreement, together with any signed scope of work, constitutes the entire agreement between the parties regarding the subject matter herein.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
• Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent.
• Notices: Formal notices should be sent to [email protected].

14. Changes to These Terms

We may revise these Terms & Conditions from time to time. Changes will be posted on this page with an updated date. For active client engagements, material changes will be communicated directly. Continued use of our Services after any update constitutes acceptance of the revised terms.

15. Legal Contact