1. Copyright Notice

All content, software, documentation, designs, graphics, text, images, audio, video, and other materials provided on this website and within the ESMC SDK are the exclusive property of Abelitie Designs or its licensors.

Protected Works Include:

• ESMC SDK source code, binaries, and compiled modules
• Website content, design, and user interface
• Documentation, tutorials, and training materials
• Marketing materials, logos, and brand assets
• API specifications and integration guides

Unauthorized reproduction, modification, distribution, or commercial use of any materials without explicit written permission from Abelitie Designs is strictly prohibited and may result in legal action.

2. Trademarks

The following are trademarks or registered trademarks of Abelitie Designs:

• ESMC™ - Abelitie Designs brand name
• "The Heart, Mind and Soul of Coding"™ - Abelitie Designs tagline
• ESMC SDK™ - Software development kit product name
• Mesh Intelligence Network™ - Technology trademark
• ECHELON™ - Intelligence system trademark

All other trademarks, service marks, product names, and company names mentioned on this website are the property of their respective owners. Use of these trademarks does not imply endorsement or affiliation.

3. Software Licensing

The ESMC SDK is proprietary software licensed under the following tiers:

3.1 Community Edition (Free)

• Limited to non-commercial, personal, or educational use
• Source code viewing permitted, modification prohibited
• No redistribution rights
• No warranty or support guarantees

3.2 Premium Edition (Paid Subscription)

• Commercial use permitted for subscriber only
• Full SDK feature access
• Priority support and updates
• No redistribution or resale rights

3.3 Enterprise Edition (Custom License)

• Unlimited commercial use within licensed organization
• Multi-user deployment rights
• Custom SLA and dedicated support
• Optional source code access with NDA
• Negotiated redistribution rights for specific use cases

Full licensing terms are provided in the Terms of Use. For Enterprise licensing inquiries, contact licensing@esmc-sdk.com.

4. Disclaimers

4.1 No Warranty

THE ESMC SDK AND ALL ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation

4.2 Use at Your Own Risk

You acknowledge that use of the ESMC SDK involves inherent risks, including but not limited to:

• Software bugs, errors, or vulnerabilities
• Data loss or corruption
• Security breaches or unauthorized access
• Incompatibility with your systems or third-party software
• Downtime or service interruptions

You assume full responsibility for evaluating the suitability of the ESMC SDK for your needs and implementing appropriate safeguards, backups, and security measures.

5. Limitation of Liability

Abelitie Designs, its directors, officers, employees, affiliates, agents, contractors, and licensors shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Cost of procurement of substitute services
• Damage to reputation or goodwill
• Personal injury or property damage

Maximum Aggregate Liability: In no event shall Abelitie Designs' total liability exceed the amount you paid to Abelitie Designs in the 12 months preceding the claim, or MYR 1,000 (whichever is greater).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

6. Indemnification

You agree to indemnify, defend, and hold harmless Abelitie Designs and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the ESMC SDK or Services
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including intellectual property rights
• Any content or data you submit, post, or transmit through the Services
• Any negligent or willful misconduct by you or your authorized users

Abelitie Designs reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate fully with our defense of such claims.

7. Governing Law & Jurisdiction

These legal terms and your use of the ESMC SDK shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Any disputes, claims, or controversies arising out of or relating to these terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Kuala Lumpur, Malaysia.

International Users: If you access the ESMC SDK from outside Malaysia, you are responsible for compliance with local laws and regulations in your jurisdiction.

8. Export Control & Compliance

The ESMC SDK may be subject to export control laws and regulations, including but not limited to those of Malaysia and other applicable jurisdictions.

You agree to comply with all applicable export control laws and regulations, including:

• Not exporting or re-exporting the SDK to prohibited countries or individuals
• Not using the SDK for prohibited end-uses (e.g., weapons development, nuclear activities)
• Obtaining any required export licenses or approvals
• Complying with end-user, end-use, and destination restrictions

Prohibited Destinations: You may not use the ESMC SDK in countries or regions subject to comprehensive sanctions or embargoes.

9. Compliance with Laws

You are solely responsible for ensuring that your use of the ESMC SDK complies with all applicable laws, regulations, and industry standards, including but not limited to:

• Data Protection: Malaysia PDPA 2010, Singapore PDPA 2012, GDPR (if applicable)
• Anti-Corruption: Malaysian Anti-Corruption Commission Act 2009, FCPA, UK Bribery Act
• Consumer Protection: Malaysian Consumer Protection Act 1999
• Cybersecurity: Malaysian Computer Crimes Act 1997
• Industry Regulations: Financial services, healthcare, telecommunications (as applicable)

Abelitie Designs does not provide legal, compliance, or regulatory advice. Consult with qualified legal counsel to ensure your use of the SDK meets your compliance obligations.

10. Digital Millennium Copyright Act (DMCA)

Abelitie Designs respects the intellectual property rights of others and expects users to do the same. If you believe that content hosted on our platform infringes your copyright, please submit a DMCA notice to our Designated Copyright Agent:

Your DMCA notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our platform
• Your contact information (name, address, telephone, email)
• A statement of good faith belief that the use is not authorized
• A statement that the information in the notice is accurate
• Your physical or electronic signature

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification to dmca@esmc-sdk.com with the required legal information.

Repeat Infringer Policy: Abelitie Designs will terminate accounts of users who are repeat copyright infringers.

11. Warranty Disclaimer

NO IMPLIED WARRANTIES: To the fullest extent permitted by law, Abelitie Designs disclaims all implied warranties, including but not limited to:

• Implied warranty of merchantability
• Implied warranty of fitness for a particular purpose
• Implied warranty of title
• Implied warranty of non-infringement
• Warranties arising from course of dealing or usage of trade

NO GUARANTEES: Abelitie Designs does not guarantee that:

• The SDK will meet your specific requirements or expectations
• The SDK will be uninterrupted, timely, secure, or error-free
• Results obtained from the SDK will be accurate or reliable
• Defects or errors will be corrected
• The SDK will be compatible with your systems or third-party software

12. Force Majeure

Abelitie Designs shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, earthquakes, floods, pandemics)
• War, terrorism, civil unrest, or government actions
• Labor strikes or lockouts
• Internet or telecommunications failures
• Power outages or infrastructure failures
• Cyberattacks or security breaches affecting third-party infrastructure

During such events, our obligations will be suspended for the duration of the force majeure event. We will make reasonable efforts to notify affected users and resume normal operations as soon as practicable.

13. Severability

If any provision of these legal terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

14. Entire Agreement

These legal terms, together with our Terms of Use and Privacy Policy, constitute the entire agreement between you and Abelitie Designs regarding your use of the SDK and Services.

These terms supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and Abelitie Designs.

No Modifications: No modification, amendment, or waiver of any provision of these terms shall be effective unless in writing and signed by an authorized representative of Abelitie Designs.

15. Contact for Legal Matters

Last Updated: October 5, 2025
Version: 1.0