1. Accepting these terms
These terms form an agreement between you and SMG Arctic Tech ("we", "us") covering your use of the MyBerniaga POS application ("the app"). By creating an account or using the app, you agree to them. If you do not agree, please do not use the app.
If you are using the app on behalf of a business, you confirm you are authorised to accept these terms for that business.
2. Your account
- You must give accurate information when signing up and keep it current.
- You are responsible for keeping your password and any staff PINs confidential.
- You are responsible for everything done through your account, including by staff you give access to.
- You must be at least 18, or the age of majority where you live, to hold an account.
- Tell us promptly if you believe your account has been accessed without your permission.
3. Acceptable use
You agree not to:
- Use the app for anything unlawful, or to record transactions you know to be fraudulent
- Reverse-engineer, decompile or attempt to extract the source code of the app
- Resell, sublicense or redistribute the app without our written permission
- Interfere with the app's operation, or attempt to gain unauthorised access to our systems
- Use the app in a way that breaks the rules of the app store you installed it from
4. Your data and backups
Your business data is stored on your device, and you are responsible for it. Your menu, orders, tabs, tables and staff list are held on the terminal — not on our servers. We hold no copy and cannot restore them.
If a device is lost, damaged, reset, or the app is uninstalled, that data is permanently gone. Keep independent records of anything your business needs to retain, including for tax and accounting purposes.
You retain all rights to your own business data. We claim no ownership of your menu, prices or sales records.
5. Availability and changes
The app is designed to keep working offline, but the sign-in service depends on third-party infrastructure and may occasionally be unavailable. We may add, change or remove features over time, and may stop offering the app entirely — in which case we will give reasonable notice where we can.
6. Disclaimer
The app is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the app will be uninterrupted, error-free, or that calculations, totals or reports it produces are free of defects. You are responsible for verifying figures your business relies on.
7. Limitation of liability
To the fullest extent permitted by law, SMG Arctic Tech is not liable for any indirect, incidental, special or consequential loss, nor for loss of profits, revenue, goodwill or data, arising from your use of or inability to use the app.
Where liability cannot be excluded, our total liability is limited to the greater of the amount you paid us for the app in the twelve months before the claim, or MYR 100.
Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
8. Ending the agreement
You may stop using the app at any time and delete your account. We may suspend or close an account that breaches these terms, or where required by law, and will tell you why unless we are prevented from doing so.
Sections 4, 6, 7 and 9 survive the ending of this agreement.
9. Governing law
These terms are governed by the laws of Malaysia, and the courts of Malaysia have exclusive jurisdiction over any dispute arising from them.
10. Contact
Questions about these terms: smgarctictech@gmail.com.
See also our Privacy Policy, which forms part of this agreement.