Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Pointgate Systems Sdn Bhd (“Pointgate”, “we”, “us”), the company that develops and operates the smartid platform. They apply to every smartid product and every way of reaching it: the websites at smartid.my, edutime.smartid.my, time.smartid.my and any related smartid sub-domain; the smartid MOBILE app on Google Play and the App Store; the smartid POS software; and the palm-recognition terminals and scanners we supply.

By registering an institution, installing the app, using a terminal, or otherwise using a smartid service, you accept these Terms. If you are accepting on behalf of a school, organisation or business, you confirm that you are authorised to bind it.

1. The products

1.1 EDUTIME

Time attendance for schools, universities and colleges. Records the attendance of teachers, staff and students by palm scan, NFC card or the mobile app; manages leave, holidays, class rolls and reports.

1.2 TIME

The same attendance service for government bodies, corporations, institutions and other organisations.

1.3 smartid POS

Point-of-sale software for school cafeterias, restaurants, cafés, clubs, food trucks, takeaways and retail stores. Where enabled, it accepts payment by palm scan.

1.4 smartid MOBILE

The companion app for people registered by an institution or business: mobile check-in with location, leave and sick-leave requests, class roll, a parent’s view of their children’s attendance, and payments.

1.5 Hardware

Palm attendance terminals, palm scanners, POS devices, printers and barcode scanners sold by Pointgate. Hardware is covered by the warranty stated at the time of sale (one year OEM warranty unless stated otherwise) and by clause 12.

2. Who is who

2.1 The institution

A school, organisation or merchant registers with smartid, owns its account, and decides who is enrolled and what is recorded. The institution is the data controller for the people it enrols.

2.2 Users

The people an institution enrols — staff, teachers, students, parents and guardians, employees, cashiers. A user’s access exists because an institution created it and can be withdrawn by that institution at any time.

2.3 Pointgate

Provides the platform and hosts the data on the institution’s behalf.

3. Registration and accounts

• An institution registers through the website and confirms its email address. The person who registers becomes the institution’s Super Admin and is responsible for everything done under that account, including users created by any Admin they appoint.
• Registration details must be accurate and kept current. A public school must register under its official name and school code; a business must register under its registered business name.
• The mobile app signs in with a one-time code sent to the email address or mobile number your institution registered for you. Keep that mailbox and phone under your control. If either changes, tell your institution — we cannot change it for you.
• You must tell your institution or us immediately if you believe an account has been used without authority.
• We may suspend an account that breaches these Terms, is used for fraud, or puts the service or other customers at risk.

4. Palm recognition and consent

• Palm enrolment converts a contactless infrared scan into a mathematical template. No image of the hand is kept, and the template cannot be turned back into one. It is used only to recognise the same palm again.
• Enrolling a person’s palm requires that person’s consent, and for a person under 18 the consent of a parent or guardian. The institution obtains and records this consent before enrolling anyone. Pointgate does not enrol individuals directly.
• Anyone may decline palm enrolment. The institution must then offer another way to record attendance or pay — an NFC card, the mobile app, or a manual entry — and may not disadvantage the person for declining.
• Consent can be withdrawn by asking the institution to remove the enrolment. The template is then removed from active use and deleted in line with our Privacy Policy.
• Palm templates are matched on Pointgate’s own servers and on the institution’s own terminals. They are never sent to a third-party biometric service.

5. Using the service properly

You agree, and agree to ensure your users, that the service will not be used to:

• record attendance or make a payment on behalf of another person without authority;
• present a false location to the mobile app, or otherwise try to obtain an attendance status you are not entitled to;
• enrol a person without the consent required by clause 4;
• access another institution’s data, or another user’s data beyond what your role permits;
• probe, scan, load-test or attempt to bypass the security of the platform, its terminals or its APIs;
• reverse-engineer the software, the terminal firmware or the palm-recognition components;
• resell, sub-license or offer the service to third parties without a written agreement with Pointgate.

An institution is responsible for how its Admins and users behave on the platform.

6. Fees, trials and expiry

6.1 Prices

Current prices are published on smartid.my and shown in the portal before you subscribe. At the date of these Terms they are:

Prices are in Malaysian Ringgit and may differ by country and during promotions. Hardware is quoted separately. Prices may be revised with 30 days’ notice; a change never affects a period you have already paid for.

6.1A School launch promotion

A limited number of places are offered free of charge to schools in Malaysia. A place is granted only after Pointgate approves the school’s registration; Pointgate may decline or withdraw an application that is incomplete, outside Malaysia or not genuine. The free period is stated in the approval (normally 12 months). Before it ends, Pointgate will tell the school in writing the subscription price that applies afterwards, at least 30 days in advance; the school may then subscribe or stop. Devices are sold separately and are not part of the promotion.

6.2 Free trial

A new institution receives a 60-day free trial with full features. No payment details are needed to start. Attendance recorded during the trial is kept when you subscribe.

6.3 What counts as a user

On per-user plans, every person whose attendance is tracked (staff, teachers, students, employees) counts as a seat. Parents and guardians are free. Seats added mid-period are charged pro rata to the end of the period. Removing a person does not create a refund for the current period.

6.4 Billing cycle

Subscriptions renew on the first day of each month or year. A subscription that starts mid-month is charged for the remaining days of that month (monthly) or for those days plus a full twelve months (annual). Every charge is shown, with the dates it covers, before you pay.

6.5 Expiry and grace

When a trial or subscription ends, the portal shows a renewal notice. The service continues to operate normally for a grace period of 7 days. After the grace period the account is marked Expired: attendance scans, mobile check-ins and POS transactions are no longer recorded until the subscription is renewed, and report data is read-only. A reminder email is sent to the Super Admin 7 days before expiry.

6.6 Terminals keep working

A palm terminal continues to recognise enrolled people whatever the state of the subscription. It shows an on-screen notice that attendance is not being recorded; it does not lock a gate or refuse a scan. Renewing restores recording with no re-enrolment.

6.7 Payment

Subscription payments are made online through the portal using the payment provider shown at checkout. A payment is complete only when the provider confirms it to us. Fees are non-refundable except where the law requires or where we have failed to provide the service.

6.8 Tax

Prices exclude any applicable Malaysian tax, which is added at checkout where required.

7. Hardware

• Terminals, scanners, POS devices and accessories are supplied under a separate quotation or invoice. Title passes on full payment.
• Each device carries the manufacturer’s warranty stated at the time of sale. The warranty covers defects in materials and workmanship and does not cover physical damage, liquid damage, misuse, unauthorised modification or normal wear.
• A faulty device under warranty should be reported through our support channels. A stolen or irreparably damaged device must be replaced; on sign-in with the institution’s credentials, the replacement is restored from our cloud backup.
• You may use your own Android tablet or POS device with smartid software, but we support and warrant only the devices we supply and have tested.

8. Your data

• Attendance records, user lists, leave applications, transactions and everything else an institution enters or generates belong to the institution.
• You grant Pointgate the right to store, process, back up and display that data for the purpose of running the service, and for no other purpose. We do not sell it and we do not use it for advertising.
• We keep encrypted backups and a standby copy of the platform at a second site. We test failover. This does not replace your own responsibility to export reports you must keep for statutory or audit purposes.
• Personal data is handled as described in our Privacy Policy, which forms part of these Terms.

9. Availability and support

• We aim for continuous availability but do not guarantee it. Planned maintenance is announced in advance where practical; emergency maintenance may not be.
• Palm terminals record attendance offline and upload when the connection returns. POS devices continue to sell offline and back up to the cloud when online. The mobile app needs an internet connection to check in.
• Support is provided by email and through the client support portal during Malaysian business hours. Response targets for paid subscriptions are stated on the support page.
• We are not responsible for interruptions caused by your own network, your devices, your internet provider, payment providers, app stores or events outside our control (see clause 15).

10. Software and intellectual property

• The smartid platform, apps, terminal software, designs, documentation and trademarks are owned by Pointgate or its licensors. You receive a limited, non-exclusive, non-transferable licence to use them for their intended purpose for as long as your subscription is active.
• The mobile app is distributed through Google Play and the App Store under their terms as well as ours. The terminal and POS software are distributed by Pointgate directly.
• You may not copy, modify, distribute, sell or lease any part of the software or attempt to extract its source code.

11. Confidentiality and security incidents

Each party keeps the other’s confidential information confidential and uses it only for the purposes of this agreement. For the institution this includes its user lists, attendance and transaction records; for Pointgate it includes the platform’s design, unpublished pricing and security arrangements.

This does not apply to information that is public, already known to the receiving party, independently developed, or required to be disclosed by law — and in that last case the receiving party tells the other first where it lawfully can.

If Pointgate becomes aware of unauthorised access to personal data it holds for an institution, it notifies the institution’s Super Admin without undue delay and in any case within 72 hours of confirming it, describes what is known, and cooperates with the institution’s own notifications to affected people or to the Personal Data Protection Commissioner.

12. Warranty and disclaimer

Pointgate warrants that the service will perform materially as described on smartid.my and in the portal, and that hardware it supplies is free from defects in materials and workmanship for the warranty period.

Beyond that, the service is provided as is. Pointgate does not warrant that it will be error-free or uninterrupted, that every scan will be recognised, or that the service meets a requirement of yours that you have not told us about in writing.

13. Limitation of liability

• Nothing in these Terms limits liability that cannot be limited under Malaysian law.
• Pointgate is not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data that you could have exported and did not.
• Pointgate’s total liability for any claim arising in a subscription year is limited to the subscription fees paid by the institution for that year, or, for hardware, the price paid for the device concerned.
• Attendance and payment records are produced from scans and check-ins made by people. We do not warrant that every record reflects where a person actually was; the institution reviews and, where necessary, corrects its own records through the portal, and every correction is logged.

14. Indemnity

The institution indemnifies Pointgate against claims by third parties, including its own users and their parents or guardians, that arise from the institution enrolling a person without the consent required by clause 4, from data the institution entered, or from its breach of these Terms. Pointgate indemnifies the institution against claims that the smartid software, used as intended, infringes a third party’s intellectual property.

15. Events beyond control

Neither party is liable for failing to perform an obligation (other than payment) because of an event beyond its reasonable control — power or telecommunications failure outside its premises, failure of a hosting, payment or app-store provider, fire, flood, epidemic, government order, industrial action or similar. The affected party tells the other promptly and does what it reasonably can to resume.

16. Ending the agreement

• An institution may stop subscribing at any time. Service continues to the end of the paid period and then lapses under clause 6.5.
• We may end an institution’s access immediately for serious breach of these Terms, including fraud, unauthorised access, or enrolling people without the consent required by clause 4.
• On termination, the institution may export its reports for 30 days. After that, personal data including palm templates is deleted as described in the Privacy Policy, subject to legal retention requirements.

17. General

• These Terms are governed by the laws of Malaysia and the courts of Malaysia have exclusive jurisdiction.
• If any part of these Terms is found unenforceable, the rest continues to apply.
• We may update these Terms. The date at the top shows the current version. Material changes are notified to the institution’s Super Admin by email at least 14 days before they take effect; continuing to use the service after that date is acceptance.
• These Terms, the Privacy Policy and any written quotation or order form are the whole agreement between you and Pointgate for the smartid services.

18. Contact

General enquiries admin@smartid.my · Sales sales@smartid.my · Client support portal hotline.smartid.my