terms of use

Introduction

DASH, developed by Bayu Techventure Sdn Bhd, provides cutting-edge software designed to aggregate financial account information and data from various sources, hereinafter referred to as the "DASH Software." This empowers end-users ("End Users" or "you") to conveniently aggregate Your Data (as defined below) from the data sources housing their financial account information. The term "Services" encompasses the DASH Software and the aggregation of financial data, collectively forming the "DASH Services."

The official website for DASH is www.dashapp.asia (the "Website"), and various related services, features, functions, software, applications, and websites are provided and operated by Bayu Techventure Sdn Bhd ("DASH," "we," "our," or "us").

Definitions

These Terms of Use govern the access and use by you, including customers and developers (“Customer”, “you” or “your”) of the Dash Software, the Services, the Website, the dashboards, the related tools and various other related services, and other features, functions, software, applications and websites associated with Dash (collectively the “Dash Services”) that you can use to integrate the Dash Software and Services into your application or a third-party application (collectively, the “Dash Enabled Applications”).

Acceptance of Terms

These terms of use (as modified from time to time, “Terms”) govern your access and use of the Dash services. By clicking “I AGREE”, downloading, using, or accessing any of the Dash services or otherwise signifying your acceptance of these terms, you represent and warrant that (a) you are authorized to enter these terms for and on behalf of yourself (and your organization), and are doing so, (b) you (and your organization) can legally enter into these terms and (c) you have read and understand and agree that you (and your organization) and each user shall be bound by these terms and Dash’s privacy policy (https://www.dashapp.asia/policy) (the “privacy policy”) and all modifications and additions provided for. If you do not have the legal authority to bind your organization, please do not access or use the services. From time to time, these terms shall also apply to any upgrades or updates subsequently provided by Dash for the Services. If you do not accept and agree to be bound by these Terms and/or the Privacy Policy, you are not authorized to access or otherwise use the Services. 

Please note that these Terms do not apply to the End Users of the Dash Software. 

Disclaimer

You must be at least 18 years of age. By clicking the “I Agree” button, by downloading, installing or otherwise accessing or using the Dash services, you represent that:

• you have not been previously suspended or removed from any of the Dash services;
• you confirm that you are of legal age to form a binding contract with Dash;
• you will comply with these terms and all applicable local, state, national and international laws, rules and regulations; and
• you are not a competitor of Dash and do not intend to use the Dash services for reasons that are in competition with Dash for any reason.

Amendment & Update to our Terms of Use

These Terms may be changed, modified, supplemented or updated by Dash from time to time. If Dash updates these Terms, it will update the “last updated” date at the top of these Terms. Please check these Terms periodically for changes. Your continued use of any of the Dash Services after the posting of changes constitutes your binding acceptance of such changes. If Dash makes a material change to these Terms that will affect any of the Dash Services, Dash will use commercially reasonable efforts to notify you by emailing a notice to your administration email. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE Dash SERVICES.

To the extent that any modifications to the Terms are not allowed under applicable laws, the prior most recent version of the Terms shall continue to apply.

Dash Services for Customer

1. Accessing and Using the Dash Services.

To access and use certain Dash Services, you must register and create an account (the “Customer Account”).

In registering and creating an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (“Registration Data”), and (ii) maintain and promptly update the Registration Data, including credit card information, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Dash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dash has the right to suspend or terminate your account and prohibit you from accessing and using the Dash Services.

2. Limited Right to Access and Use. Subject to these Terms, Dash grants to you, a limited, non-assignable, non-transferable, non-sublicensable, and nonexclusive right to access and use the Dash Services to build a Dash Enabled Application to provide the Dash Software and Services to the End Users in accordance with these Terms. You may terminate your use of the Dash Services at any time.

3. Security Breach. You are solely responsible for maintaining the confidentiality of any username, password or other access credential necessary to access the Dash Services. You should take steps to protect the confidentiality of your access credentials. Please notify Dash immediately if you become aware of any unauthorized activity, disclosures, loss, theft or other unauthorized use of your access credentials or any other breach of security (collectively, a “Security Breach”). You agree to cooperate with Dash in any investigation in connection with a Security Breach.

4. Use Restrictions. Customer shall not, and agrees not to assist or otherwise enable any third party to:

• copy, modify, adapt, translate, create derivative works or improvements or merge copies of any of the Dash Services, including the documentation
• translate, reverse engineer, de-compile or disassemble any of the Dash Services, except to the extent that applicable law explicitly prohibits this contractual restriction
• use, disclose, or otherwise process any “personal data” (as used in the Privacy Policy) other than in strict compliance with its terms, privacy policy and applicable law or use this personal information except in connection with its business that employs the Services, the Dash Services, or the other Services; provided that under no circumstances shall Customer sell any such “personal data” or use any such “personal data” for marketing unless it has received the specific consent of each relevant End User or such “personal data” has been fully aggregated or anonymized and does not include any personal data
• access or use, or permit the access or use of, any of the Dash Services, or access, transmit, process, or store End User Data, in violation of any international, Federal, state or local laws, statutes, rules, regulations or ordinances or in any manner that would be a breach of contract or agreement with the applicable End User
• not embed any open source, copy left or community source code in any Dash Enabled Application or the information technology infrastructure through which you provide your services and products to End Users (collectively, the “Customer Systems”), including, but not limited to, any libraries or code licensed under any General Public License, Lesser General Public License or similar license arrangement in any manner that would require disclosure or license of the Dash Software in source code form, or for the purpose of making derivative works, or otherwise limit or restrict the consideration to be charged for the distribution of such software
• interfere with or disrupt the integrity or performance of any of the Dash Services or any data contained therein
• install, use, access, display and run any of the Dash Services except in accordance with the terms of this Agreement and the applicable Order
• except as specifically permitted under the these Terms or to the extent that you have received the specific consent of each relevant End User, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any of the Dash Services or End User Data to any third party, other than End Users as permitted under these Terms, including for purposes of marketing or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service
• except as specifically provided under these Terms, delete or in any manner alter the copyright, trademark, and other proprietary rights notices of Dash appearing on any of the Dash Services or any other Dash software or products
• access or use any of the Dash Services or End User Data in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights or other rights of any third party, or that violates any applicable law
• use any of the Dash Services or the End User Data for purposes of: (i) benchmarking or competitive analysis of the Dash Services; (ii) developing, using or providing a competing Dash Software or service; or (iii) any other purpose that is to Dash’s detriment or commercial disadvantage
• use any of the Dash Services or the End User Data in any manner or for any purpose or application not expressly permitted by these Terms
• collect and store an End User’s credentials and/or End User Data other than as required to access or use the DashSoftware or the Services, as authorized by the End User, as permitted by Dash, and as permitted under applicable law
• access or use any of the Dash Services or End User Data in a manner that violates any agreement between you and the End User or Dash.

End User Data

Right to Access and Use. You hereby grant to Dash a limited, non-assignable, non-transferable, non-sublicensable, and nonexclusive right for so long as you are using the Dash Services to access and use Your Data (i) to provide the Services to you, including the right to obtain Your Data from the data sources where your financial account information and data are stored and the ongoing syncing process, in accordance with these Terms and the Privacy Policy and (ii) for any other purpose to the extent not in violation of the Privacy Policy or any applicable law. With this right to access and use, you hereby authorize Dash to transfer Your Data to the provider of the Dash Enabled Application that you are using in connection with the Services.

Security. Dash will encrypt the access credentials that you use to access Your Data and employ other commercially reasonable security measures to protect Your Data in accordance with good industry practice and all applicable laws.

Customer Payments & Refunds.

1. Payments. Unless otherwise agreed by Dash or detailed in an Order, all Fees shall be paid in accordance with the Subscription that you selected by credit or debit card. You authorize Dash (i) to keep your credit or debit card number on file for future Fees and (ii) to charge your credit or debit card for any such Fees.
2. Payment Processing. Unless otherwise agreed by Dash, all Fees and other payments made in connection with the Dash Services or the provision of the Dash Software and the Dash Services to End Users through a Dash Enabled Application shall be made through a third-party payment processor directed by Dash (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). By agreeing to these Terms or continuing to use the Dash Services, you agree to be bound by the applicable agreements and privacy policy of the Payment Processor. As a condition of Dash’s enabling payment processing services through a Payment Processor, you agree to provide Dash accurate and complete information about you, your business, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Dash to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
3. Future Services. In paying any of the Fees, you acknowledge and agree that you are not relying on future availability of any of the Dash Services.
4. Changes in Fees and Payment Methods. Dash reserves the right at any time to change the Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on any of the Dash Services or by notifying you by email.
5. Refunds. All fees are non-refundable, non-cancellable and non-creditable unless otherwise required by law or agreed to by Dash in its sole discretion. For more info on Dash refund policy kindly refer to (https://www.dashapp.asia/refund) (the “refund policy”).

Dash Enabled Applications.

If you provide access to the Dash Software and the Services through a Dash Enabled Application, you shall comply with the following terms:

1. Customer Control and Responsibility. Customer has and will retain sole responsibility for: (i) all End User Data, including its use; (ii) the operation, maintenance and management of the Dash Enabled Applications and or the Customer Systems and (iii) all access to and use of the Dash Software and the Services, directly or indirectly by or through the Dash Enabled Application or the Customer Systems.
2. Right to Access and Use. Subject to and conditioned on Customer’s and its authorized users’ compliance with the terms and conditions of these Terms, Dash grants to Customer and its authorized users a limited, non-exclusive, non-sublicensable, non-transferable right to access and use the Dash Software and the Services during the term as a component of a Dash Enabled Application or the Customer Systems to provide the Dash Software and the Services to End Users.
3. Compliance with Laws. Customers shall comply with all applicable international, Federal, state and local laws related to the Dash Software and the Services and the End User Data, including all privacy and financial laws.
4. Consent; Terms of Use. Customer shall be solely responsible for obtaining express written consent from each End User, authorizing Dash to obtain their End User Data from their currency accounts and provide it to Customer for use in connection with the Services. Access and use of the Dash Software and the Services by the End Users are subject to Dash’s End User Terms of Service and Customer shall ensure that each of its End Users agrees to these Terms of Service.
5. Applications and Customer Systems. Customer acknowledges that Customer is solely responsible, and that Dash has no responsibility or liability of any kind, for the content, development, operation, support or maintenance of any Dash Enabled Application or the Customer Systems. Without limiting the foregoing, Customer will be solely responsible for creating and displaying information and content on, through or within its Dash Enabled Application and/or the Customer Systems.
6. Data Breaches. Customer shall notify Dash immediately in writing in the event that Customer becomes aware of any material breach of its security safeguards or has reason to believe that any End User Data may have been subject to unauthorized disclosure, access, or use, which notification shall include the following information: (i) the nature of the unauthorized disclosure or use; (ii) confidential information that was disclosed or used; (iii) the identity of the persons or entities who received the unauthorized disclosure or made the unauthorized use; (iv) what corrective action Customer took or will take to prevent further unauthorized disclosures or uses; (v) what Customer did or will do to mitigate any adverse effect of such unauthorized disclosure or use; and (vi) such other information as Dash may reasonably request.
7. End User Data. You must follow best industry practices with respect to the access and use of End User Data including:

• maintaining administrative, technical, and physical safeguards that are designed to ensure the security, privacy, and confidentiality of End User Data
• using best industry practice encryption when storing or transmitting any End User Data
• maintaining reasonable access controls to ensure that only authorized individuals that have a business need have access to any End User Data
• monitoring the Customer Systems for any unauthorized access and patching vulnerabilities in a timely fashion.
• planning for and responding to security incidents.
• storing all End User Data securely and in accordance with all applicable laws.
• taking all reasonable and appropriate steps (at your expense) to protect all End User Data in the event of a failure of Customer’s security safeguards or unauthorized access to any End User Data from or through Customer, including the provision of the appropriate or legally required notices to affected persons and government or regulatory agencies (as applicable)

Customer Service Termination & Suspension.

1. Termination. You agree that Dash in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Dash Services or your Customer Account (or any part thereof) that you may have with Dash and remove and discard all or any part of your account, user profile, at any time. Dash may also in its sole discretion and at any time prohibit you from accessing and using the Dash Services or discontinue providing access to the Dash Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the Dash Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Dash will not be liable to you or any third party for any such termination. Dash reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Dash to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Dash may have at law or in equity. As provided herein, Dash does not permit copyright infringing activities on the Dash Services, and Dash shall be permitted to terminate access to the Dash Services. By accepting these terms, you waive and shall hold Dash harmless from any claims resulting from any action taken by Dash during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Dash or law enforcement authorities.
2. Suspension. Dash reserves the right to suspend your access and use of the Dash Services as it may deem appropriate in response to actual or suspected violations of these Terms if Dash reasonably concludes that any of the Dash Services are being used to engage in illegal activity, used outside the scope of the license or causing immediate, material and ongoing harm to Dash or others. You agree that Dash shall not be liable to you nor to any third party for any suspension of the Service under such circumstances as described in this customer service termination and suspension clause.

Ownership.

Dash retains all right, title, and interest in the Dash Services, including the Dash Software and the Services, including any and all intellectual property rights. Dash reserves all rights not expressly granted. Unless expressly authorized in a separate written agreement between you and Dash, the grant to access and use any of the Dash Services, whether accessed for a fee or free, does not include any right to resell the Dash Services, manage the Dash Services on behalf of third parties, make other commercial use or distribution of the Dash Services or to make any derivative use of the Dash Services, integrate the Dash Services into another service, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Dash Services.

You hereby grant to Dash a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to any of the Dash Services and all related intellectual property, without restriction of any kind and without any right of accounting.

Warranty Disclaimer.

Content and other information contained within the Dash Services have been prepared or are being provided by Dash as a convenience to its End Users and is not intended to constitute advice or recommendations upon which a user may rely. Dash makes no warranty or guarantee about the accuracy, completeness, or adequacy of any such content or other information, including any content, contained in any of the Dash Services. Your use of the Dash services is at your sole risk. 

All Dash services are provided on an “as is” and “as available” basis, and Dash expressly disclaims all warranties and conditions of any kind whether express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, non-infringement and satisfactory quality and warranties arising from a course of dealing, usage or trade practice. Dash, its officers, directors, employees, agents, or suppliers make no warranty that the Dash services are accurate, timely, uninterrupted, virus-free or error-free, or that any problems encountered will be corrected.

Limitation of Liability.

In no event shall Dash, its officers, directors, employees, agents, licensors or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Dash services or the provision of the Dash software and services to end users through a Dash enabled application (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). In no event shall Dash’s aggregate liability to you or any third party arising out of these terms and the Dash services and the provision of the Dash software and services to end users through a Dash enabled application. 

Indemnification.

You agree to defend, indemnify and hold harmless Dash, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to (i) your unauthorized or unlawful use of the Dash Services , (ii) your breach of these Terms or violation of any applicable law, (iii) the provision of the Dash Software and Services to End Users through a Dash Enabled Application or (iv) the infringement by you or any third party using your account, of any intellectual property or other right of any third party. Dash reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with Dash in asserting any available defenses.

Force Majeure.

Dash shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond its reasonable control or its contractors, agents, licensors or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices.

Any notices to you from Dash regarding the Dash Services or these Terms will be posted on the Website or made by e-mail or regular mail. As part of providing you the Dash Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Dash Services and your Customer Account, which you may not be able to opt-out from receiving them unless you terminate your account. Any notice or communication that you desire or are required to send Dash under these Terms should be sent to Dash through one of the means listed in the Contacting Us section below.

Entire Agreement.

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between Dash and you in connection with your use of the Dash Services and except as provided herein, the provision of the Dash Software and Services to End Users through a Dash Enabled Application and supersedes any prior agreements between Dash and you regarding use of the Dash Services and the provision of the Dash Software and Services to End Users through a Dash Enabled Application, including prior versions of these Terms of Use. Any different or additional terms of any related quote, purchase order, confirmation, or similar order form provided to Dash is hereby rejected and shall have no force or effect. If you have entered into a separate Subscription Agreement or other written agreement with Dash in connection with the Dash Services, or right to provide access to the Dash Software and the Services through a Dash Enable Application, the terms of such Subscription Agreement will control your use of the Dash Services and/or the right to provide access to Dash Software and the Services through a Dash Enabled Application.

Governing Law & Dispute Resolution.

If a dispute arises between you and Dash, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Dash agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Dash Services or the provision of the Dash Software and Services to End Users through a Dash Enabled Application (a “Dispute”) will be resolved in accordance with this Section 18 or as Dash and you otherwise agree in writing. Before resorting to these dispute methods, Dash strongly encourages you to first contact Dash directly to seek a resolution.

1. Choice of Law. These terms shall be governed in all respects by the laws of Malaysia, without regard to its conflict of law provisions. each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any dispute or otherwise in connection with these terms the Dash services or the provision of the Dash software and services to end users through a Dash enabled application.
2. Limitation on Time to File Claims. any cause of action or dispute you may have arising out of or relating to these terms, the Dash services, the provision of the Dash software and services to end users through a Dash enabled application or your relationship with Dash must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or dispute is permanently barred.

Geographic Restrictions.

Dash is based in Malaysia. Dash makes no claims that accessing or using or that any of the Dash Services, the provision of the Dash Software and Services to End Users through a Dash Enabled Application or any of the content, including any User Content, is accessible or appropriate outside of Malaysia. Accessing or using the Dash Services may not be legal by certain persons or in certain countries. If you access the Dash Services from outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dash with respect thereto.

Contact Us.

If you have any questions or concerns about these Terms of Use, please get in touch with our data protection officer via email at support@dashapp.asia.

Last Updated: 1st July  2024