Terms of Service
These terms govern your use of the MALA service operated by Aegis Mala Pty Ltd (ACN 694 092 772, ABN 66 694 092 772) — referred to in these terms as “we”, “us”, or “MALA”. By creating an account or using the dashboard you agree to them. If you don't agree, don't use the service.
1. The service
MALA is an analytics dashboard that consolidates point-of-sale, rostering, accounting, supplier, and review data for hospitality venues. We provide it on a best-effort basis, with no guaranteed uptime or SLA unless agreed separately in writing. We may add, remove, or modify features over time as described in section 9.
2. Who can use MALA
MALA is for businesses operating hospitality venues and the people they authorise. You must be at least 18 and have the authority to bind your business when you accept these terms on its behalf. MALA is not currently offered to consumers.
3. Your account
- You're responsible for keeping your sign-in credentials secret. We strongly recommend enabling two-factor authentication on every account.
- You're responsible for the actions of every user you grant access to your tenant.
- You'll notify us at hello@mala.solutions as soon as you suspect any unauthorised access.
4. Integrations and your data
MALA reads data from third-party services (point-of-sale, rostering, accounting, suppliers, Google Business Profile, sensor gateways) using credentials or OAuth tokens you provide. You represent that you have the authority to share that data with MALA. You can disconnect any integration at any time from the Connections page; we delete the stored credentials for that integration immediately.
Your data remains yours. We process it only to provide the features you've enabled, and we apply the security measures described in our Privacy Policy. The Privacy Policy forms part of these terms.
5. Pricing and billing
MALA is a monthly subscription service. Pricing depends on the features you use and the number of venues you connect, and is agreed in writing — typically through your initial setup proposal or order form. Unless stated otherwise, all fees are quoted in Australian dollars and exclusive of GST; GST is added where applicable.
Fees are payable monthly in advance via Stripe (card or bank debit) or by bank transfer against an invoice we issue. Invoices are due 14 days from issue. Payments more than 14 days overdue accrue interest at the Reserve Bank of Australia cash rate plus 2% per annum. We may suspend or restrict access to the service if an account is more than 30 days in arrears, after reasonable email notice.
We may change our pricing on 30 days' written notice, with the change taking effect from the next billing period.
6. Refunds
Fees are non-refundable, except where required by Australian Consumer Law. Cancelling an account does not entitle you to a refund of fees paid for the current billing period; access continues until the end of that period.
7. Acceptable use
You agree not to:
- resell, sublicense, or share access to MALA without our written consent;
- reverse-engineer, decompile, scrape, or attempt to circumvent the access controls of the service;
- introduce malware, attempt to overload the service, or probe its security other than under a written authorisation from us;
- use MALA in a way that violates the terms of any third-party service we integrate with (including Google, Square, Lightspeed, Tanda, Deputy, H&L, Xero, MYOB, Restoke, and any other connected provider);
- upload data you don't have rights to share, or data that's unlawful, harmful, defamatory, or infringes the rights of any third party.
8. Customer name and logo
We may identify you as a customer by name and logo on our website, in customer lists, and in pitch materials. You can opt out at any time by emailing hello@mala.solutions; we'll remove the reference within 14 days of any reasonable request.
9. Service changes and Beta features
We may add, remove, or modify features. Where a change materially reduces functionality you rely on, we'll give reasonable notice and a refund of any prepaid fees for the unused portion of the affected feature.
Some features are offered as Beta. Beta features carry a limited warranty: while we operate them with the same security standards as the rest of the product, the stability, data persistence, and support level for a Beta feature may be lower, and the feature may be modified or withdrawn with shorter notice. The handling of data submitted to a Beta feature is described where the feature is offered, and may differ depending on the type of information involved (for example, equipment images, sensor data, or experimental AI outputs).
10. Feedback
If you give us feedback, suggestions, or feature requests, you grant Aegis Mala Pty Ltd a perpetual, irrevocable, royalty-free licence to use that input to operate and improve MALA, with no obligation to attribute or compensate you.
11. Termination and data export
You can cancel your subscription at any time by emailing hello@mala.solutions. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate access if you breach these terms, fail to pay outstanding fees, or place undue load on the service that risks the experience of other customers.
On termination you can request a CSV export of your operational data within 90 days of the termination date. We delete your tenant data within 90 days of termination (or, if later, of any requested export), except where law requires longer retention.
12. No warranty
MALA is provided “as is”. To the extent permitted by law we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Reports, KPIs, AI outputs, and forecasts are decision-support tools, not financial, legal, or operational advice. You're responsible for verifying the numbers before acting on them.
Nothing in these terms excludes any consumer guarantee or statutory right that cannot lawfully be excluded under Australian Consumer Law.
13. Limitation of liability
To the extent permitted by law, our total liability for any claim arising from these terms or your use of MALA is capped at the fees you paid us in the 12 months immediately preceding the event giving rise to the claim. We aren't liable for indirect, consequential, or special damages — including lost profits, lost opportunity, or lost data — where the loss could not reasonably have been foreseen.
14. Indemnity
You indemnify Aegis Mala Pty Ltd against any third-party claim arising from your use of MALA in breach of these terms, or from data you've uploaded that infringes a third party's rights or that you didn't have authority to share. We'll give you prompt notice of any such claim and a reasonable opportunity to defend it.
15. Sub-processors and data breach
MALA uses sub-processors (third-party services that handle customer data on our behalf — for example, hosting, payments, AI providers). The current list and how we handle changes are described in our Privacy Policy. We notify customers of eligible data breaches in accordance with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth).
16. Notices
Notices to you are sent to the email address on your account and are deemed received the next business day. Notices to us go to hello@mala.solutions.
17. Assignment
You can't assign or transfer these terms without our written consent. We may assign them, on notice to you, in connection with a sale of all or substantially all of Aegis Mala Pty Ltd's business or assets.
18. Survival
The sections covering payment of accrued fees, your data, intellectual-property ownership, warranty disclaimers, limitation of liability, indemnity, and governing law survive termination of these terms.
19. Governing law
These terms are governed by the laws of New South Wales, Australia. Disputes will be heard exclusively in the courts of New South Wales.
20. Entire agreement
These terms, together with our Privacy Policy and any signed order form, are the entire agreement between you and Aegis Mala Pty Ltd in relation to MALA, and supersede prior discussions or proposals. If any clause is unenforceable, it's read down to the minimum necessary; the rest of the agreement still applies. A delay or failure to enforce a right isn't a waiver of it.
21. Changes to these terms
We'll update the date at the top when we change these terms. Material changes will be notified to active account holders by email at least 30 days before they take effect. Continued use of MALA after a change means you accept the updated terms.
Contact
Aegis Mala Pty Ltd
ACN 694 092 772 · ABN 66 694 092 772
12/130-138 Megalong Street, Leura NSW 2780, Australia