Terms of Service — Helm

1. Agreement to Terms

By accessing or using the Helm platform at gethelm.asia and all related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms").

The Platform is operated by Khidmat Tech Sdn. Bhd. (SSM 202601002071 (1664168-K)), doing business as Helm, based in Kuala Lumpur, Malaysia. In these Terms, "we", "us", and "Helm" refer to Khidmat Tech Sdn. Bhd.. "You" refers to any individual or entity that accesses or uses the Platform.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Platform.

2. Eligibility

You must be at least 18 years of age to create an account or use the Platform. By registering, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

3. The Service

Helm is a merchant operations platform that provides website hosting, public forms, appointment booking, waitlists, store and order workflows, product/catalog tools, customer relationship management (CRM), invoices, receipts, gift cards, loyalty, event registration and ticketing, reviews, referrals, support workflows, analytics, multi-location tools, WhatsApp messaging integration, email notifications, and related tools for service-based and commerce-enabled businesses.

We may modify, update, suspend, or discontinue any feature of the Platform at any time. For material changes that reduce functionality you are currently paying for, we will provide at least 30 days’ notice via email or dashboard notification.

4. Accounts & Security

You must provide accurate, current, and complete information when creating an account. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us immediately at [email protected] if you suspect unauthorised access to your account.

We reserve the right to suspend or disable accounts that contain inaccurate information, violate these Terms, or pose a security risk.

5. Subscriptions & Payment

5.1 Plans & billing

• Helm offers subscription plans billed monthly or annually via Stripe. Malaysia self-serve checkout uses published Malaysian Ringgit (MYR) plan prices, while rest-of-world self-serve checkout uses published United States Dollar (USD) plan prices where available. MYR and USD prices are independently set plan prices, not exchange-rate conversions. Your checkout, invoice, and Stripe receipt identify the charge currency and any applicable taxes or fees; your bank or payment provider may apply separate currency conversion charges.
• Subscriptions renew automatically at the end of each billing period. You authorise us to charge your payment method on file for each renewal.

5.2 Optional assisted setup

• Self-serve plans do not require a setup fee. Optional assisted setup, migration, implementation, or custom service packages may be quoted separately and are payable only when you choose that service. All fees paid, including subscription fees and optional service fees, are non-refundable and we do not prorate refunds except as required by law.

5.3 Cancellation

• You may cancel your subscription at any time through your dashboard Settings page or by contacting us.
• Cancellation takes effect at the end of the current billing period. You retain access to paid features until then.
• All fees paid, including subscription fees and optional service fees, are non-refundable and we do not prorate refunds except as required by law.
• After cancellation, your site will become inaccessible to the public. Your data remains available for export for 30 days (see Section 15).

5.4 Price changes

• We reserve the right to change subscription pricing with at least 30 days’ written notice via email.
• Existing subscribers keep their current rate for the remainder of their current billing period and for any automatic renewal that occurs before the 30-day notice period expires. If notice is provided at least 30 days before an upcoming renewal date, the new price will apply to that renewal.
• Early adopter pricing (where offered) remains locked for the lifetime of the subscription, subject to continuous subscription without interruption and unless a separate written offer states otherwise.

5.5 Failed payments

• If a payment fails, we will attempt to charge your payment method up to 3 times over 14 days. We will notify you of each failed attempt.
• If payment is not resolved within 14 days, we may suspend your account. Suspended accounts regain access upon successful payment. After 30 days of suspension, we may terminate the account.
• Suspension or termination for failed payment does not entitle you to a refund for the current or any past billing period, and prorated refunds are not offered except where required by law. If your account is terminated, your site will become inaccessible to the public and your data remains available for export for 30 days (see Section 15).

6. Free Trials & Pilot Programs

We may offer free trial periods or pilot programs at our discretion. During a trial or pilot:

• Access to the Platform is provided "as is" with no payment obligation during the trial period.
• A trial converts to a paid subscription only when you provide a payment method, complete paid checkout, accept an order form, or otherwise expressly agree to a paid plan. If we configure an automatic trial-to-paid conversion, we will provide the reminder required by the checkout, order form, or applicable law before charging you.
• We reserve the right to modify or discontinue trial and pilot programs at any time.
• Any feedback, ideas, or suggestions you provide during a pilot grant Khidmat Tech Sdn. Bhd. an irrevocable, perpetual, worldwide, royalty-free licence to use and incorporate that feedback into the Platform (see Section 8.2).

7. Your Content & Data

7.1 Ownership: You retain full ownership of all content you upload, create, or store on the Platform, including business information, images, booking records, customer data, menu items, and invoices ("Your Content").

7.2 Licence to Helm: You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, and transmit Your Content solely to operate and provide the Platform. This licence terminates when you delete Your Content or close your account (subject to retention periods in our Privacy Policy).

7.3 Your responsibilities: You are solely responsible for:

• Ensuring Your Content does not violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and publicity rights).
• Obtaining all permissions and consents necessary to upload and process customer data through the Platform.
• Complying with the Personal Data Protection Act 2010 (PDPA) and any other applicable data protection laws as a data controller for your customers’ data.
• Maintaining your own backups of critical business data. While we implement reasonable backup procedures, we are not a backup service.

8. Intellectual Property

8.1 Helm's IP: The Platform, including its source code, design, UI components, logos, trademarks, documentation, and all underlying technology, is the exclusive property of Khidmat Tech Sdn. Bhd. and is protected by Malaysian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Platform as a subscriber.

8.2 Feedback: If you provide feedback, suggestions, or ideas about the Platform, you grant us an irrevocable, perpetual, worldwide, royalty-free licence to use, modify, and incorporate that feedback into our products without obligation to you.

9. Acceptable Use

You agree not to, and you must not allow your staff, contractors, customers, or automated systems to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to access other users’ accounts, data, or systems without authorisation.
• Interfere with, disrupt, or compromise the Platform’s infrastructure, security, or performance.
• Send spam, unsolicited marketing, or phishing messages through the Platform’s messaging features.
• Upload malicious code, viruses, or harmful content.
• Scrape, crawl, or harvest data from the Platform using automated tools without written permission.
• Resell, sublicense, or redistribute the Platform or any part of it without our written consent.
• Impersonate any person or entity, or misrepresent your affiliation.
• Use the Platform to host content that is defamatory, obscene, promotes violence, or is otherwise objectionable.
• Use the Platform to sell or promote illegal, restricted, unsafe, counterfeit, stolen, infringing, or regulated goods or services without all required licences, permits, disclosures, and age controls.
• Use the Platform for gambling, weapons, controlled substances, adult sexual content, human trafficking, deceptive financial products, sanctions evasion, money laundering, or any business prohibited by Stripe, Meta/WhatsApp, card-network rules, or applicable law.
• Send WhatsApp, email, review, referral, or follow-up messages without the recipient consent or lawful basis required in the recipient’s country.
• Create fake orders, reviews, referrals, loyalty activity, gift cards, event registrations, or payment disputes, or otherwise manipulate merchant/customer records.

Violation of this section may result in immediate suspension or termination of your account.

10. Commerce, Payments & Customer Policies

If you use Helm for stores, orders, gift cards, loyalty, events, ticketing, invoices, receipts, promotions, referrals, or checkout, you remain the merchant of record for your products and services unless a separate written agreement says otherwise. You are responsible for:

• Publishing accurate prices, descriptions, availability, refund terms, delivery/shipping terms, cancellation terms, tax or fee disclosures, expiry rules, and customer support details.
• Honouring gift cards, loyalty rewards, promotions, referrals, event tickets, bookings, deposits, and customer credits according to the terms you publish and the laws that apply to your customers.
• Handling customer service, fulfilment, refunds, cancellations, disputes, chargebacks, taxes, product safety, consumer-protection notices, and legal compliance for the goods or services you sell.
• Using Stripe and any connected payment method only for lawful transactions that comply with Stripe’s terms, card-network rules, sanctions rules, and the policies of the countries where you and your customers operate.
• Obtaining all customer consents needed for marketing, WhatsApp messaging, email, reviews, referrals, loyalty, and follow-up communications.

Helm may suspend or restrict commerce, messaging, referral, loyalty, gift-card, event, or payment-related features if we reasonably believe your use creates legal, payment-network, consumer-protection, fraud, abuse, platform-integrity, or reputational risk.

11. Privacy & Data Protection

Your use of the Platform is governed by our Privacy Policy, which describes how we collect, use, and protect personal data, including bounded product analytics for authenticated dashboard usage. By using the Platform, you acknowledge and consent to the practices described therein.

We process data in accordance with the Personal Data Protection Act 2010 (PDPA) of Malaysia. As a Business User, you acknowledge your obligations as a data controller for your customers’ personal data processed through the Platform.

12. Service Availability & Support

We aim to maintain Platform availability 24/7 but do not guarantee uninterrupted, error-free service. Scheduled maintenance will be communicated in advance where reasonably possible.

Support is available via email ([email protected]) and WhatsApp during Malaysian business hours (Monday–Friday, 9:00 AM–6:00 PM MYT, excluding public holidays). We will make reasonable efforts to respond within 1 business day.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES OF NON-INFRINGEMENT.
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM.

We do not warrant that the Platform will meet your specific requirements or that any defects will be corrected.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Helm, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of (or inability to use) the Platform, regardless of the cause of action or theory of liability.
• Our total aggregate liability for any claims arising under or related to these Terms shall not exceed the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim, or RM 500, whichever is greater.
• These limitations apply even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

15. Termination

15.1 By you: You may close your account at any time through your dashboard or by contacting us.

15.2 By us: We may suspend or terminate your account immediately, without prior notice, if:

• You materially breach these Terms.
• You fail to pay fees owed after the grace period in Section 5.5.
• Your use of the Platform poses a security threat or harms other users.
• We are required to do so by law or regulatory authority.

15.3 Effect of termination:

• Your right to access and use the Platform ceases immediately.
• Your public-facing site will be taken offline.
• All fees paid, including subscription fees and optional service fees, are non-refundable and we do not prorate refunds except as required by law, including when we suspend or terminate your account for acceptable-use violations.
• We will make your data available for export in a standard format (JSON or CSV) for 30 days following termination where technically and legally feasible. After this period, your data may be permanently deleted, anonymised, or retained only where required for legal, tax, payment, security, dispute, or audit purposes.
• Provisions that by their nature should survive termination will survive, including Sections 7 (Your Content), 8 (Intellectual Property), 13 (Disclaimer), 14 (Limitation of Liability), 16 (Indemnification), and 18 (Governing Law).

16. Indemnification

You agree to indemnify, defend, and hold harmless Khidmat Tech Sdn. Bhd., its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform or any activity under your account.
• Your Content or your customers’ data that you process through the Platform.
• Your violation of these Terms or any applicable law.
• Your infringement of any third-party rights.
• Any claim by your End-Users related to the services you provide through the Platform.

17. Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, government actions, epidemics or pandemics, power outages, internet or telecommunications failures, cyberattacks, or acts of God ("Force Majeure Event").

The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the agreement with written notice.

18. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia.

17.1 Informal resolution: Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for at least 30 days.

17.2 Mediation: If informal resolution fails, the parties agree to submit the dispute to mediation administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur before pursuing litigation.

17.3 Jurisdiction: If mediation fails, any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.

19. Notices

All notices from us to you will be delivered via email to the address associated with your account, or via a prominent notice on the Platform. Notices are deemed received 24 hours after sending (email) or upon display (Platform notice).

All notices from you to us should be sent to [email protected] or by post to our registered address.

20. General Provisions

20.1 Entire agreement: These Terms, together with our Privacy Policy and any order forms or service-specific terms, constitute the entire agreement between you and Khidmat Tech Sdn. Bhd. regarding the Platform and supersede all prior agreements and understandings.

20.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Khidmat Tech Sdn. Bhd..

20.4 Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets, with notice to you.

20.5 No third-party beneficiaries: These Terms do not create any third-party beneficiary rights. Your End-Users are not parties to this agreement.

20.6 Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Khidmat Tech Sdn. Bhd..

20.7 Headings: Section headings are for convenience only and do not affect interpretation.

21. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify you via email or a prominent dashboard notification at least 14 days before the changes take effect.

Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate your account before the changes take effect.

22. Contact

Khidmat Tech Sdn. Bhd. (doing business as Helm)
A 3 3, Plaza Bukit Jalil (Aurora Place), No. 1, Persiaran Jalil 1, Bandar Bukit Jalil, 57000 Kuala Lumpur, Malaysia.
SSM: 202601002071 (1664168-K)
Legal enquiries: [email protected]
Phone: +6012-430 7349