Limitation of Liability

Effective Date: 1 October 2023
Last Updated: 17 November 2025

 

This Limitation of Liability applies to your access to and use of the redNote platform, software, and services (“redNote”), operated by AVA Semarak Berhad.

This section forms an integral part of the Terms of Use.


1. Fundamental Allocation of Risk

redNote provides software tools and cryptographic mechanisms, not custodial, legal, or advisory services.

You acknowledge and agree that:

  • You control how redNote is used

  • You configure conditions, recipients, and rules

  • Outcomes depend on user-defined parameters and external factors


Accordingly, risk is allocated to the user to the maximum extent permitted by law.


2. No Liability for Encrypted Content

AVA Semarak Berhad shall not be liable for:

  • Any loss, damage, or consequences arising from content encrypted by users

  • Inability to access, recover, or unlock encrypted files

  • Loss or corruption of sealed files

  • Disclosure of encrypted content due to user error or third-party actions


We do not store, read, or control encrypted content and therefore bear no responsibility for it.


3. No Guarantee of Delivery, Unlock, or Outcome

redNote does not guarantee:

  • That encrypted files will be delivered, received, or accessed

  • That recipients will successfully complete verification

  • That unlock conditions will be triggered as expected

  • That death, absence, or real-world events will be accurately or timely reflected


AVA Semarak Berhad shall not be liable for failures arising from:

  • Incorrect configuration by users

  • Misidentified recipients

  • Incomplete or inaccurate verification data

  • Third-party platform failures

  • Network, device, or software issues


4. Verification and Absence-Related Limitations

You acknowledge that:

  • redNote verification processes are procedural, not factual determinations

  • redNote does not certify death, incapacity, or legal status

  • Verification outcomes are based on system rules and time-based checks


AVA Semarak Berhad shall not be liable for disputes, delays, or consequences arising from verification or absence-related processes.


5. Third-Party Services and Distribution Channels

AVA Semarak Berhad shall not be liable for:

  • Failures or actions of third-party platforms used for delivery or storage

  • Loss of access caused by third-party account suspension or policy changes

  • Data breaches, outages, or service interruptions beyond our control


Use of third-party services is at your own risk.


6. System Availability and Changes

We do not guarantee uninterrupted or error-free operation.

AVA Semarak Berhad shall not be liable for:

  • Temporary service interruptions

  • Feature modifications or discontinuations

  • Software updates that alter functionality

  • Incompatibility with user devices or environments


7. Exclusion of Certain Damages

To the fullest extent permitted by law, AVA Semarak Berhad shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, goodwill, or reputation

  • Emotional distress or personal dissatisfaction

  • Legal, estate, or inheritance consequences


This applies regardless of the legal theory asserted.


8. Liability Cap

To the extent liability cannot be excluded by law:

  • Our total aggregate liability shall not exceed the fees actually paid by you for redNote services in the six (6) months preceding the event giving rise to the claim, or

  • If no fees were paid, liability shall be limited to the minimum amount permitted by law.


9. No Warranties or Assurances Beyond Express Terms

Except as expressly stated in writing:

  • redNote is provided on an “as is” and “as available” basis

  • We make no warranties regarding suitability for any particular purpose

  • We do not provide legal, estate, or professional advice


Users are responsible for seeking appropriate professional advice where required.


10. User Responsibility and Indemnity

You agree to indemnify and hold harmless AVA Semarak Berhad from any claims, losses, damages, or liabilities arising from:

  • Your use or misuse of redNote

  • Content you encrypt or distribute

  • Violations of laws or third-party rights

  • Disputes between you and recipients or third parties


11. Legal Limits

Nothing in this Limitation of Liability excludes or limits liability that cannot be excluded under applicable law.