1. Introduction

Welcome to The Smacketh Sdn. Bhd.

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, platforms, software, and services provided by The Smacketh Sdn. Bhd. (“The Smacketh”, “we”, “us”, or “our”).

The Smacketh Sdn. Bhd. is a company incorporated in Malaysia under registration number 1540589X / 202301046675, with its headquarters located at Menara Safuan, Kuala Lumpur, Malaysia.

Our Services include digital marketing solutions, social media analytics, reporting tools, social media monitoring solutions, and related technology services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you should not access or use our Services.

2. Definitions

For the purposes of these Terms:

“Account” means a registered user account created to access our Services.

“Client” means any individual, organisation, company, or entity using our Services.

“Platform” means any software, website, application, dashboard, or technology solution provided by The Smacketh.

“Services” means all products, solutions, technology services, analytics, reporting, consulting, and related offerings provided by The Smacketh.

“Third-Party Platforms” means external platforms integrated with our Services, including but not limited to Meta Platforms (Facebook and Instagram) and TikTok.

“User” means any person accessing or using our Services.

3. Acceptance of Terms

By accessing or using our Services, you confirm that:

You have read and understood these Terms;
You have the authority to enter into these Terms;
You agree to comply with all applicable laws and regulations;
You understand that certain features may require connection to third-party platforms.

If you are accessing our Services on behalf of a company or organisation, you represent that you have the authority to bind that organisation to these Terms.

4. Description of Services

The Smacketh provides digital marketing and technology solutions, including but not limited to:

Social media analytics;
Social media reporting;
Social media performance monitoring;
Digital marketing services;
Campaign support;
Data analysis and insights;
Technology-enabled marketing solutions.

Our Services may allow users to connect authorised business accounts from third-party platforms, including Meta and TikTok, to obtain analytics and performance information.

The features, functionality, and availability of our Services may change from time to time as we improve our platform.

5. Third-Party Platform Integrations

Our Services may integrate with third-party platforms, including:

Meta Platforms, Inc. (Facebook and Instagram);
TikTok and related TikTok entities;
Other third-party services that support our platform.

When you connect a third-party account:

You authorise The Smacketh to access information permitted through the relevant platform’s authentication process;
You confirm that you have the necessary rights and permissions to connect the account;
Your use of those platforms remains subject to their own terms and policies.

The Smacketh does not control third-party platforms and is not responsible for:

Changes to third-party APIs;
Platform outages;
Account restrictions;
Changes in availability of data;
Third-party privacy practices.

6. User Accounts

Where account registration is required, you agree to:

Provide accurate and complete information;
Keep your account information updated;
Maintain the confidentiality of your login credentials;
Notify us immediately of unauthorised access;
Take responsibility for activities conducted through your account.

You must not:

Create an account using false information;
Share your account access with unauthorised persons;
Attempt to gain unauthorised access to our systems.

7. Connecting Social Media Accounts

Before connecting any social media account, you must ensure that:

You own the account; or
You have received proper authorisation from the account owner.

You are responsible for ensuring that your use of connected accounts complies with:

Meta Platform Terms;
Instagram Terms;
TikTok Terms;
Any applicable platform policies.

The Smacketh is not responsible for actions taken by social media platforms against your accounts.

8. Acceptable Use

You agree not to use our Services to:

Violate any applicable laws or regulations;
Infringe intellectual property rights;
Access data without proper authorisation;
Attempt to bypass security measures;
Introduce viruses, malware, or harmful code;
Interfere with platform operations;
Misrepresent information generated through our Services.

You must not use our Services for any unlawful, fraudulent, abusive, or harmful purpose.

9. Client Responsibilities

Clients are responsible for:

Providing accurate information;
Ensuring authorised access to connected accounts;
Reviewing analytics and insights before making business decisions;
Maintaining compliance with applicable advertising, marketing, and privacy regulations.

The Smacketh provides analytics and insights as a support tool. Users remain responsible for their own business decisions and actions.

10. Data Ownership

You retain ownership of:

Your business information;
Your social media accounts;
Your content;
Your intellectual property.

By using our Services, you grant The Smacketh permission to process information only for the purpose of providing the Services.

The Smacketh does not claim ownership over your social media content or business data.

11. Intellectual Property

All rights, title, and interest in:

The Smacketh brand;
Website;
Software;
Platform design;
Technology;
Documentation;
Proprietary processes;

remain the property of The Smacketh unless otherwise agreed in writing.

You may not:

Copy;
Modify;
Reverse engineer;
Reproduce;
Sell;
Redistribute;

any part of our Services without written permission.

12. AI-Generated Insights

Some features of our Services may use artificial intelligence technologies to generate:

Summaries;
Recommendations;
Trend analysis;
Sentiment analysis;
Content suggestions.

AI-generated outputs are provided for informational purposes only.

You acknowledge that:

AI outputs may not always be accurate;
AI-generated recommendations should be reviewed before use;
The Smacketh does not guarantee specific business outcomes from AI-generated insights.

13. Fees and Payments

Where applicable, fees for Services will be communicated through:

Service agreements;
Subscription plans;
Proposals;
Invoices;
Other written agreements.

Unless otherwise agreed:

Fees must be paid according to the agreed payment terms;
Late payments may affect access to Services;
Fees are exclusive of applicable taxes unless stated otherwise.

14. Service Availability

We aim to provide reliable Services; however, we do not guarantee that our Services will always be:

Available;
Error-free;
Uninterrupted;
Compatible with all devices or third-party platforms.

Service availability may be affected by:

Maintenance;
Technical issues;
Internet connectivity;
Third-party platform changes;
Events beyond our reasonable control.

15. Suspension and Termination

We may suspend or terminate access to our Services if:

You breach these Terms;
You misuse our Services;
Your actions create security risks;
Required by law;
Third-party platforms restrict necessary access.

You may stop using our Services at any time.

Upon termination:

Your access may be disabled;
Certain data may be deleted according to our Privacy Policy;
Outstanding payment obligations remain applicable.

16. Limitation of Liability

To the maximum extent permitted by law, The Smacketh shall not be liable for:

Loss caused by third-party platform changes;
Loss of access to connected social media accounts;
Business decisions made based on analytics or insights;
Indirect, incidental, or consequential losses.

Our Services are provided on an “as available” basis.

17. Indemnification

You agree to indemnify and hold harmless The Smacketh, its directors, employees, and representatives from claims, damages, liabilities, or expenses arising from:

Your misuse of our Services;
Your violation of these Terms;
Your violation of third-party rights;
Your breach of applicable laws.

18. Confidentiality

Both parties agree to protect confidential information received during the use of our Services.

Confidential information may include:

Business information;
Client information;
Platform information;
Non-public data.

Confidential information shall not be disclosed without proper authorisation except where required by law.

19. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy.

Our Privacy Policy explains:

What information we collect;
How we process information;
How we protect data;
How you may request deletion.

20. Changes to These Terms

We may update these Terms from time to time.

Changes will become effective when published on this page.

Your continued use of our Services after updates means you accept the revised Terms.

21. Governing Law

These Terms shall be governed by and interpreted according to the laws of Malaysia.

Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of Malaysia.

22. Contact Us

If you have questions regarding these Terms, please contact:

The Smacketh Sdn. Bhd.
Registration No.: 1540589X / 202301046675
Menara Safuan
Kuala Lumpur, Malaysia

Email: info@thesmacketh.com

Terms of Service / Terms of Use