Terms and Conditions | simobile

1. Acceptance of Terms

By registering, accessing, or using the Collection Engine platform, mobile applications, and APIs (collectively referred to as the "Services") provided by PT Neokarya ("We" or "simobile"), your Company ("Client" or "You") represents that you have read, understood, and agreed to the entirety of these Terms and Conditions. If you are acting on behalf of a legal entity, you warrant that you have the legal capacity and authority to bind that entity.

2. Description of Services

simobile provides a subscription-based Software as a Service (SaaS) designed to automate and manage debt collection processes. These Services include web-based dashboards, mobile applications for field collectors, messaging systems (WhatsApp, SMS), and automated voice calling technologies (Robot Call and One-Way Call).

3. License and Intellectual Property Rights

We grant you a non-exclusive, non-transferable, and revocable license to access the Services solely for your internal business operations. All intellectual property rights (including source code, algorithms, UI/UX, and trademarks) contained in the Services remain the exclusive property of PT Neokarya. You are prohibited from copying, reverse-engineering, modifying, or creating derivative works of our Services without written permission.

4. Client Obligations

The Client agrees to: (a) use the Services only for lawful purposes; (b) ensure that all debtor data uploaded into the system is obtained legally and that the Client has the right to process such data; (c) comply with all regulations of the Financial Services Authority (OJK), Bank Indonesia (BI), and applicable laws in Indonesia regarding debt collection practices. The Client is prohibited from using the Services to send spam, threaten, or violate the privacy rights of any party.

5. Fees and Payments

Access to the Services is subject to subscription fees based on your selected package (e.g., Package Overdue, Package Non-OD). All payments are non-refundable unless otherwise stipulated in a separate SLA agreement. We reserve the right to modify the fee structure with prior written notice (minimum 30 days) to the Client.

6. Warranties and Service Level Agreement (SLA)

We strive to maintain a system Uptime of 99.9% every month. The Services are provided on an "as-is" and "as-available" basis. We do not warrant that the Services will be entirely free from interruptions, bugs, or errors. Routine system maintenance will be scheduled outside of peak business hours and notified at least 48 hours in advance.

7. Confidentiality

Each Party agrees to maintain the confidentiality of proprietary information (Confidential Information) received from the other Party. Confidential Information may not be disclosed to any third party without prior written consent, except where required by court order or authorized authorities.

8. Indemnification

You agree to indemnify, defend, and hold harmless PT Neokarya, its directors, employees, and partners from any claims, losses, damages, liabilities, and legal costs arising from: (a) your violation of these Terms; (b) negligence in your collection processes conducted through our systems; or (c) your violation of third-party rights.

9. Limitation of Liability

To the maximum extent permitted by law, PT Neokarya shall not be liable for any indirect, incidental, or consequential damages (including loss of revenue, data, or business reputation) arising from the use of the Services. Our aggregate total liability for any claim shall not exceed the total subscription fees you paid in the twelve (12) months preceding the claim.

10. Termination of Services

We reserve the right to suspend or terminate your access to the Services if you fail to make payments or violate these Terms and Conditions. Upon termination, you are granted a 30-day grace period to export your data before we permanently delete such data from our servers.

11. Governing Law & Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any disputes arising from this agreement will be settled amicably. If no consensus is reached, the dispute will be settled before the Indonesian National Board of Arbitration (BANI) or the Central Jakarta District Court.