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EULA Terms Of Use Template for Malaysia

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Key Requirements PROMPT example:

EULA Terms Of Use

"I need a EULA Terms of Use for my new mobile fitness tracking app launching in March 2025, which will offer both free and premium subscription tiers to Malaysian users, with in-app purchases and integration with health monitoring devices."

Document background
This EULA Terms of Use document is essential for any business providing software or digital services in Malaysia. It serves as a legally binding agreement between the software provider and end users, establishing the terms and conditions for software usage while ensuring compliance with Malaysian legislation. The document is particularly important in light of Malaysia's comprehensive legal framework for digital transactions, including the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Consumer Protection Act 1999. It should be used whenever a company releases software, applications, or digital services to users in Malaysia, whether for consumer or business use. The document covers critical aspects such as license grants, usage rights, data protection, intellectual property rights, and liability limitations, while incorporating Malaysian legal requirements for electronic contracts and consumer protection.
Suggested Sections

1. Parties: Identification of the software provider/licensor and the user/licensee

2. Background: Brief context about the software/service and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license granted to use the software/service

5. Acceptance of Terms: How users accept the terms and conditions, including electronic acceptance methods

6. User Registration: Requirements and process for user account creation and maintenance

7. Permitted Uses and Restrictions: Specific allowed uses and prohibited activities

8. Intellectual Property Rights: Statement of ownership and IP rights protection

9. Privacy and Data Protection: How user data is collected, used, and protected under PDPA

10. User Obligations: User responsibilities and compliance requirements

11. Payment Terms: Details of any fees, payment methods, and billing procedures

12. Termination: Circumstances and procedures for agreement termination

13. Disclaimer and Warranties: Extent of warranties provided and disclaimers

14. Limitation of Liability: Limits on liability and indemnification provisions

15. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Third-Party Integration: Terms relating to third-party services or integrations, used when the software interfaces with other services

2. User Content: Terms governing user-generated content, required if the software allows users to create or upload content

3. Subscription Terms: Specific terms for subscription-based services, included for subscription model software

4. Beta Testing: Terms for beta or trial versions of the software, included when offering pre-release versions

5. Export Controls: Compliance with export laws, needed for international distribution

6. Service Level Agreement: Performance metrics and service standards, included for enterprise software

7. Security Measures: Detailed security protocols and requirements, important for sensitive data handling

8. Updates and Maintenance: Terms regarding software updates and maintenance procedures, detailed if regular updates are provided

Suggested Schedules

1. Technical Requirements: Minimum system requirements and technical specifications

2. Fee Schedule: Detailed breakdown of fees and charges if applicable

3. Privacy Policy: Detailed privacy policy and data protection procedures

4. Acceptable Use Policy: Detailed guidelines for acceptable use of the software

5. Service Level Metrics: Detailed performance metrics and service standards

6. Data Processing Agreement: Detailed terms for processing personal data under PDPA

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























Clauses




























Relevant Industries

Technology

Software Development

E-commerce

Digital Services

Financial Services

Healthcare

Education

Telecommunications

Gaming

Mobile Applications

Cloud Services

Enterprise Software

Consumer Electronics

Digital Media

Online Platforms

Relevant Teams

Legal

Software Development

Product Management

Information Technology

Compliance

Privacy

Information Security

Risk Management

Technical Documentation

Customer Support

Operations

Relevant Roles

Legal Counsel

Software Developer

Product Manager

Chief Technology Officer

Privacy Officer

Compliance Manager

IT Director

Chief Information Officer

Software Licensing Manager

Digital Products Manager

Legal Operations Manager

Information Security Manager

Risk Manager

Corporate Counsel

Technical Documentation Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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