Terms & Conditions

Effective date: [to be inserted on publication]

Last updated: [to be inserted on publication]

These Terms and Conditions govern your access to and use of nexagate.com and its subdomains (the Site), operated by Nexagate Sdn Bhd (Company No. [registration number]), a company incorporated in Malaysia with its registered office at BO2-D-13A-1, Boutique Office 2, Menara 3, KL Eco City, Jalan Bangsar, 59200 Kuala Lumpur (Nexagate, we, us, our).

By accessing or using the Site you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Scope

1.1 These Terms apply to your use of the Site only. They do not govern the supply of any Nexagate service.

1.2 Nexagate's cybersecurity consulting, testing, managed security, training and platform services are provided exclusively under a separate written agreement — a services agreement, statement of work, purchase order acceptance or subscription agreement executed between Nexagate and the client. Nothing on the Site forms part of any such agreement, and in the event of any inconsistency, the executed agreement prevails.

1.3 Your use of the Site is also subject to our Privacy Policy and our Personal Data Protection Notice, which are incorporated into these Terms by reference.

1.4 In these Terms, Content means all text, graphics, logos, images, data, software, documentation, datasheets, reports and other material made available on or through the Site.

2. Permitted use

2.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Site and to download Content expressly made available for download, for your own internal business or personal reference.

2.2 You may quote or cite Content provided you attribute it to Nexagate and do not alter its meaning.

3. Prohibited conduct

You must not:

• use the Site for any unlawful purpose, or in breach of any applicable law including the Communications and Multimedia Act 1998 and the Computer Crimes Act 1997;
• conduct any vulnerability scan, penetration test, load test, fuzzing, brute-force attempt, or any other security assessment of the Site or the systems supporting it, without our prior written authorisation. Section 9 explains how to report a vulnerability you discover without testing for it;
• attempt to gain unauthorised access to any part of the Site, any account, or any system or network connected to the Site;
• introduce any malicious code, or take any action that imposes an unreasonable load on our infrastructure;
• scrape, harvest or systematically extract Content, or use any automated means to access the Site other than a search engine operating in accordance with our robots.txt;
• use Content to develop, train or improve any machine learning model without our prior written consent;
• misrepresent your identity or your affiliation with any person or organisation when submitting an enquiry; or
• remove, obscure or alter any proprietary notice on the Site or on downloaded Content.

We reserve the right to suspend or block access to the Site from any source that breaches this section, and to report unlawful activity to the relevant authorities.

4. Intellectual property

4.1 All Content is owned by or licensed to Nexagate and is protected by the Copyright Act 1987, the Trade Marks Act 2019 and other applicable intellectual property laws. All rights not expressly granted are reserved.

4.2 Nexagate, NSI, Nexa Security Intel, Nexa Academy and the Nexagate device mark are trade marks of Nexagate Sdn Bhd.

4.3 The NSI Unified Security platform is the subject of granted patents:

4.4 Nothing on the Site grants any licence under those patents, or under any Nexagate trade mark, by implication, estoppel or otherwise.

4.5 Downloadable materials — datasheets, threat intelligence reports, case studies and similar — are provided for your information. You may share them internally in unmodified form. You may not resell them, incorporate them into a competing offering, or remove Nexagate's branding from them.

4.6 Third-party trade marks appearing on the Site, including those of our technology partners, are the property of their respective owners and are used for identification only. Their appearance does not imply endorsement of you by those parties.

5. Enquiries and quotations

5.1 Descriptions of services on the Site are for general information. They are an invitation to treat and do not constitute an offer capable of acceptance.

5.2 Submitting an enquiry or a request for quotation through the Site creates no contract and no obligation on either party. A binding engagement arises only when a written agreement is executed by authorised representatives of both parties.

5.3 Any quotation we issue is valid for the period stated in it, is subject to scoping, and may be varied or withdrawn before acceptance.

5.4 Service descriptions, deliverables, timelines, service levels and pricing are agreed in the engagement documents and may differ from the general descriptions on the Site.

6. Accuracy and availability

6.1 We take reasonable care to keep the Site accurate and current, but Content is provided for general information only and may not be complete or up to date. Threat intelligence, advisories and security guidance reflect our understanding at the time of publication and are not a substitute for an assessment of your own environment.

6.2 Nothing on the Site constitutes professional, legal, regulatory or compliance advice. Regulatory references — including to ISO/IEC standards, Bank Negara Malaysia's RMiT policy document, and PDPA — are summaries, not authoritative statements of your obligations.

6.3 We do not warrant that the Site will be available uninterrupted or error-free. We may suspend, withdraw or restrict all or part of the Site for business or operational reasons without notice.

7. Third-party links

The Site links to third-party websites, publications and resources. Those links are provided for convenience. We do not control, endorse or accept responsibility for third-party content, and your use of any linked site is at your own risk and subject to that site's own terms.

8. Disclaimers and liability

8.1 To the fullest extent permitted by law, the Site and its Content are provided "as is" and "as available", without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

8.2 To the fullest extent permitted by law, Nexagate, its directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with your use of or inability to use the Site, whether in contract, tort (including negligence), statute or otherwise.

8.3 Our total aggregate liability arising out of or in connection with your use of the Site shall not exceed Ringgit Malaysia One Thousand (RM1,000).

8.4 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

8.5 Clauses 8.1 to 8.3 do not apply to services supplied under a separate executed agreement. Liability for those services is governed by that agreement.

9. Indemnity

You agree to indemnify and hold Nexagate harmless against any claim, liability, loss, damage, cost or expense (including reasonable legal fees) arising from your breach of these Terms, your unlawful use of the Site, or your infringement of any third-party right in connection with your use of the Site.

10. Responsible disclosure

10.1 If you believe you have discovered a security vulnerability affecting the Site or any Nexagate system, we want to hear from you. Report it to security@nexagate.com, with enough detail for us to reproduce the issue.

10.2 Please give us a reasonable period to investigate and remediate before disclosing the issue publicly or to any third party.

10.3 Do not access, modify, delete or exfiltrate data belonging to Nexagate or any third party, do not degrade our services, and do not test beyond what is necessary to demonstrate the issue. Clause 3 continues to apply.

10.4 We will acknowledge reports received at that address and will not pursue action against a reporter who acts in good faith and in accordance with this section. We do not currently operate a paid bug bounty programme.

11. Changes to these Terms

We may amend these Terms at any time by posting a revised version on the Site with an updated effective date. Your continued use of the Site after that date constitutes acceptance of the revised Terms. Material changes will be highlighted on this page for a reasonable period.

12. General

12.1 Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of Malaysia.

12.2 Jurisdiction. The courts of Malaysia have exclusive jurisdiction to settle any such dispute.

12.3 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.

12.4 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

12.5 Entire agreement. These Terms, together with the Privacy Policy and the Personal Data Protection Notice, constitute the entire agreement between you and Nexagate regarding your use of the Site.

12.6 Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act to enforce any of its provisions.

13. Contact

Nexagate Sdn Bhd BO2-D-13A-1, Boutique Office 2, Menara 3 KL Eco City, Jalan Bangsar 59200 Kuala Lumpur, Malaysia

General enquiries: sales@nexagate.com Security disclosure: security@nexagate.com Telephone: +603 2935 9363