Terms of Service

1. Who these terms are between

The Kilat Carwash Network platform ("Kilat Carwash Network", "the Service") is owned and operated by Fractal Digital Agency ("we", "us", "our"), a company registered in Malaysia. These Terms of Service form a binding contract between us and the carwash business that registers for the Service ("you", "the Operator").

By creating an account, or by using the Service after these terms take effect, you confirm you are authorised to bind the Operator and you accept these terms. If you do not accept them, do not use the Service.

2. The Service

Kilat Carwash Network is a software platform for carwash operators providing: digital queue and job management, a point-of-sale, a loyalty and voucher engine, marketing and notification tools, multi-outlet subscription billing, and a white-label customer web app (PWA) that carries your brand.

We provide the Service on a commercially reasonable, best-effort basis and do not guarantee a specific uptime unless a separate written service-level agreement is in place. We may add, change, or remove features, and will give reasonable notice of material changes or planned maintenance via in-app notice and/or email.

3. Free trial, subscription and fees

New Operators receive a 14-day free trial. After the trial the Service is charged as a monthly subscription at the plan rate published at /pricing (or as otherwise agreed in writing). Additional outlets added mid-cycle are prorated to the day.

Invoices are issued each billing cycle and are payable by the due date shown on the invoice, using the payment method we make available in the operator dashboard (which may include an online gateway or a manual bank transfer confirmed by us). All fees are exclusive of any applicable Malaysian taxes (e.g. SST), which you are responsible for where chargeable.

If an invoice is unpaid by its due date the account becomes past-due; after 30 days past-due the account may be suspended; after 90 days suspended the account may be archived. Suspension limits new bookings and dashboard functions but preserves your data during the retention window.

4. Customer payments — we act as your Merchant of Record

Where you enable online customer payments, Fractal Digital Agency acts as your Merchant of Record ("MOR") and payment collection agent. This means the end customer pays Fractal Digital Agency (through our licensed payment processor, currently toyyibPay) for the wash service, and Fractal Digital Agency then remits the corresponding amount to you. You will never need to sign up for or operate your own payment gateway.

Fractal Digital Agency does not take a commission on the wash price — you receive the full price you set. The customer separately pays a visible payment-processing fee to cover the gateway cost; that fee is disclosed to the customer at checkout and is not part of your revenue. Our only charge to you is the SaaS subscription in §3.

You authorise Fractal Digital Agency to collect payments from your customers on your behalf, to issue receipts, and to deduct refunds, reversals, and chargebacks attributable to your services from amounts otherwise payable to you. Collected funds are remitted to your nominated bank account on the settlement schedule shown in your dashboard, net of any such deductions and of amounts placed on hold to cover disputes.

You remain solely responsible for actually performing the wash services your customers pay for, for the accuracy of your prices, and for any consumer-law obligations owed to your customers in respect of those services.

5. Refunds, disputes and chargebacks

Because the customer contracts with you for the wash service, decisions about refunds for service quality, no-shows, or cancellations are yours, made in line with your posted refund policy and applicable consumer law. Fractal Digital Agency provides the mechanism to process approved refunds through the original payment method.

If a customer initiates a chargeback or payment dispute relating to your service, you are responsible for the disputed amount and any associated processor fee; Fractal Digital Agency may recover these from amounts payable to you or invoice you for them. Fractal Digital Agency is responsible only for correctly processing and remitting payments, not for the underlying service dispute.

6. Data ownership and processing

You own your Operator data (business details, outlets, catalogue, prices) and the customer data collected through the Service on your behalf (vehicle plates, ticket history, loyalty balances, contact details). Fractal Digital Agency processes this data to provide the Service and as described in our Privacy Policy, and does not use it for unrelated purposes or sell it.

You are the data controller/user for your customers' personal data under the PDPA; Fractal Digital Agency acts as your data processor for that data, save where Fractal Digital Agency determines the purposes and means of processing (for example, platform security, fraud prevention, and payment settlement), in which case Fractal Digital Agency is the data user. You can export your data during the subscription; after cancellation it is retained for 90 days and then deleted, except records we must keep for legal, tax, or anti-fraud reasons.

7. Acceptable use

You will not use the Service to break the law, to send customers marketing beyond the platform's frequency limits or without a lawful basis, to reverse-engineer or resell the platform, to circumvent fees, or to upload unlawful, infringing, or harmful content.

We may suspend or terminate an account that violates these terms, that presents a security or fraud risk, or that we are required to act on by law, with notice where practicable.

8. Warranties and limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by Malaysian law, we exclude all implied warranties. Nothing in these terms limits liability that cannot be limited by law.

Subject to the above, our total aggregate liability to you for all claims arising out of or relating to the Service in any 12-month period is limited to the subscription fees you paid to us in that period. We are not liable for loss of profits, loss of revenue, loss of goodwill, or indirect or consequential loss. For clarity, amounts we collect and hold as your Merchant of Record remain due to you and are not capped by this clause — that is your money, held on your behalf, not our liability.

9. Indemnity

You will indemnify Fractal Digital Agency against third-party claims arising from your wash services, your prices or promotions, your content, your breach of these terms, or your breach of applicable law (including consumer-protection and data-protection law) in respect of your customers.

10. Term and termination

Either party may terminate the subscription at any time; termination takes effect at the end of the current billing cycle and does not refund fees already due. On termination we stop the Service, settle any customer funds properly due to you (less deductions under §4–§5), and handle your data per §6.

11. Changes to these terms

We may update these terms and will give at least 30 days notice of material changes via in-app banner and/or email. Continued use of the Service after the stated effective date constitutes acceptance of the updated terms.

12. Governing law

These terms are governed by the laws of Malaysia, and the courts of Kuala Lumpur have exclusive jurisdiction over any dispute, without prejudice to any mandatory consumer rights.

13. Contact

Questions about these terms: hello@kilatcarwash.net (Fractal Digital Agency).