Terms of Service
Effective: 1 October 2023
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Rednote services, and what we expect from you.
Standard Terms of Service
These Terms of Service reflect the way Rednote’s business works and the laws that apply to our company. As a result, these Terms of Service help define Rednote’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
- What you can expect from us, which describes how we provide and develop our services
- What we expect from you, which establishes certain rules for using our services
- Content in Rednote services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Rednote, or others
- In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
- Understanding these terms is important because, by using our services, you’re agreeing to these terms.
Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.
Rednote services are provided by, and you’re contracting with AVA SEMARAK BERHAD organized and operating under the laws of Malaysia and having its office addressed at 29A-0702, The Maritime Suites, Persiaran Karpal Singh 2, Jelutong, 11600, Penang, Malaysia.
For all countries unless specifically mentioned, 15 is the minimum age to manage your own Rednote Account. For younger children, parents can help create and manage a Rednote Account When a child reaches their country’s minimum age, they can manage their own account. Across Rednote services, if we learn that you may not be old enough to have a Rednote Account, you’ll have 14 days to update your account to meet age requirements or your account will be disabled.
If you’re under the age required to manage your own Rednote Account, you must have your parent or legal guardian’s permission to use a Rednote Account. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services. Some Rednote services have additional age requirements as described in their service-specific additional terms and policies.
These terms help define the relationship between you and Rednote. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Rednote’s business works and how we earn money. When we speak of “Rednote,” “we,” “us,” and “our,” we mean AVA SEMARAK BERHAD and its affiliates.
Provide a broad range of useful legacy services
We provide a broad range of services that are subject to these terms, including:
- platforms and sites (like Rednote Selfcare Manager)
- integrated services (like cloud drives for faster file upload and management)
- Many of these services also include content that you can stream or interact with.
Our services are designed to work together, making it easier for you to move from one activity to the next. For example, if you create contents using Studio Services, they will be displayed in your Selfcare Manager web application.
Develop, improve, and update Rednote services
We’re constantly developing new technologies and features to improve our services. For example, we use distributed storage and file packeting to provide you with secured storage of your uploads, and to better detect and block abuse and misuse. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Follow the terms specified here and service-specific additional terms
The permission we give you to use our services continues as long as you comply with:
- the terms specified here
- service-specific additional terms, which could, for example, include things like additional age requirements, content restrictions, and others.
We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy, Copyright Notice, Disclaimer Notice, and other pages accessible from our policies site.
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
Respect others
We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
- comply with applicable laws, including export control, sanctions, and human trafficking laws
- respect the rights of others, including privacy and intellectual property rights
- don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others
- don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.
- Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide the process described in the Taking action in case of problems section.
Permission to use your content
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as private messages you upload to create Video Consignments. Or you may have the right to share someone else’s creative content if they’ve given you their permission. We need your permission if your intellectual property rights restrict our use of your content. You provide Rednote and its technology infrastructure providers (such as Google, Microsoft, Amazon, etc) with that permission through this license.
What’s covered
- This license covers your content if that content is protected by intellectual property rights.
What’s not covered
- This license doesn’t affect your privacy rights — it’s only about your intellectual property rights
- This license doesn’t cover these types of content:
- publicly-available factual information that you provide, such as corrections to the name or email of a recipient. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
- feedback that you offer, such as suggestions to improve our services.
Scope
This license is worldwide, which means it’s valid anywhere in the world non-exclusive, which means you can license your content to others royalty-free, which means there are no monetary fees for this license
Rights
This license allows Rednote to:
- host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
- deliver your content to the recipients that you have setup during uploading.
- publish, publicly perform, or publicly display your content, if you’ve made it visible to others via Broadcast type
- modify and create derivative works based on your content, such as reformatting or encrypting it
- sublicense these rights to:
- other users to allow the services to work as designed, such as enabling you to delivery contents with people you choose
- our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
Purpose
This license is for the limited purpose of:
- operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities.
- This includes using automated systems and algorithms to analyze your content:
- for spam, malware, and illegal content
- to recognize patterns in data, such as determining when to inform expiry dates and other notifications
- to customize our services for you, such as providing recommendations and personalized content and advertisements
- This analysis occurs as the content is sent, received, and when it is stored.
- using content you’ve shared publicly to promote the services. For example, to promote a Rednote service, we might quote a review you wrote.
- developing new technologies and services for Rednote consistent with these terms
Duration
This license lasts for as long as your content remains with Rednote allowing the services to work as designed.
Your Rednote Account
- If you meet the age requirements you can create a Rednote Account for accessing our online portals and applications. Some services require that you have a Rednote Account in order to work — for example, to use Video Consignment, you need a Rednote Account so that you have a place to consign and receive your Rednote messages.
- You’re responsible for what you do with your Rednote Account, including taking reasonable steps to keep your Rednote Account secure, and we encourage you to regularly change passwords.
Using Rednote services on behalf of an organization or business
- Many organizations, such as businesses, non-profits, and schools, take advantage of our services.
- To use our services on behalf of an organization:
- an authorized representative of that organization must agree to these terms
- your organization’s administrator may assign a Rednote Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Rednote Account.
Service-related communications
- To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Rednote’s Privacy Policy.
- If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Your Content
Some of our services give you the opportunity to make your content available to Rednote or specific audience — for example, you might upload Video Consignments or create creative contents using our Studio Services
See the Permission to use your content section for more about your rights in your content, and how your content is used in our services
See the Removing your content section to learn why and how we might remove user-generated content from our services
If you think someone is infringing your intellectual property or personal privacy rights, you can send us notice of the infringement and we’ll take appropriate action.
Rednote content
- Some of our services include content that belongs to Rednote— for example, many of the visual illustrations you see in Selfcare Manager Portal or the articles we post on our website. You may use Rednote’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please first obtain written permission from us by contacting us directly at manager@rednote.my.
Other content
- Finally, some of our services give you access to content that belongs to other people or organizations — for example, a user’s testimonial of their experience with Rednote, or a newspaper article displayed in the News segment on our website. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Rednote’s views.
Some of our services include software. We give you permission to use that software as part of the services.
The license we give you is:
worldwide, which means it’s valid anywhere in the world
non-exclusive, which means that we can license the software to others
royalty-free, which means there are no monetary fees for this license
personal, which means it doesn’t extend to anyone else
non-assignable, which means you’re not allowed to assign the license to anyone else
Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.
- You may not copy, modify, distribute, sell, or lease any part of our services or software.
Both the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong.
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are provided in (1) the Warranty section; (2) the service-specific additional terms; and (3) laws that can’t be limited by these terms.
For all users
Both the law and these terms try to strike a balance as to what you or Rednote can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.
These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.
Rednote won’t be responsible for the following liabilities:
- failure to ensure that your uploaded private contents are visible, audible or usable. It is your responsibility to ensure that as we’re unable to view or determine the usability of your privately uploaded contents.
- failure to deliver your message for whatever reasons, with the evidence that we have taken the neccessary procedures and steps to execute delivery of your message per this terms of service.
- failure of storage, delivery, or other technical issues, with the evidence that we have taken all preventive and corrective measures to prevent and rectify the failure.
For business users and organizations only
If you’re a business user or organization:
- To the extent allowed by applicable law, you’ll indemnify AVA SEMARAK BERHAD and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms.
- This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
- If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
- Rednote won’t be responsible for the following liabilities:
- loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- indirect or consequential loss
- punitive damages
- Rednote’s total liability arising out of or relating to these terms is limited to the greater of (1) RM500 or (2) 50% of the fees that you paid to use the relevant services in the 12 months before the breach
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
- cause harm or liability to a user, third party, or Rednote
- violate the law or a legal enforcement authority’s order
- compromise an investigation
- compromise the operation, integrity, or security of our services
Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Rednote, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Rednote services
Rednote reserves the right to suspend or terminate your access to the services or delete your Rednote Account if any of these things happen:
- you materially or repeatedly breach these terms, service-specific additional terms or policies
- we’re required to do so to comply with a legal requirement or a court order
- we reasonably believe that your conduct causes harm or liability to a user, third party, or Rednote— for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
Settling disputes, governing law, and courts
For information about how to contact Rednote, please visit our contact page.
Malaysia law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules.
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights. These terms describe the relationship between you and Rednote. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.
If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Rednote Account.
Additional Terms of Service for Video Consignment
To use Rednote Video Consignments, you must accept (1) the Rednote Terms of Service, and (2) these Rednote Video Consignment Additional Terms of Service.
Please read each of these documents carefully. Together, these documents are known as the “Terms”. They establish what you can expect from us as you use our services, and what we expect from you.
Although it’s not a part of these Terms, we encourage you to read our Privacy Policy to better understand how you can update, manage, export, and delete your information.
Rednote Video Consignments allows you to upload, submit, store, send and receive content. As described in the Rednote Terms of Service, your content remains yours. We do not claim ownership in any of your content, including any text, data, information, and files that you upload, share, or store in your Rednote account. The Rednote Terms of Service give Rednote a limited purpose license to operate and improve the Rednote services.
Rednote Video Consignments also allows you to setup delivery triggers and cancel them . Your “decision” of the storage and delivery of your content controls the content and its use.
Delivery trigger settings in Rednote Video Consignments allow you to control when Rednote should deliver your uploaded content to the intended recipient. Uploaded contents are private, encrypted and secured from human access, until the delivery conditions are triggered. You can cancel the delivery of your content. We will not share your files and data with others except as described in our Privacy Policy.
We will not use your content for marketing or promotional campaigns.
When you upload your file to Rednote Video Consignments, you can decide if you want to allow Rednote to archive your content for an additional 2 year period post delivery. The purpose of the auto-archiving option is to delay the auto-deletion of your content from our storage after the delievery of the consignment.
In situations where the receiver could not redeem the consignment perhaps due to medical conditions or other unforeseen circumstances, the 2 year additional archiving period allows receivers an extended opportunity to retrieve the message after its delivery. This service will be then charged to the receivers of the consignment.
For Video Consignments without auto-archiving and have passed their delivery date by 30 days, Rednote’s algorithm will automatically destroy your uploaded files and remove them from our storage.
Trial consignments will be automatically deleted after 7 days from the date of upload. Unpaid consignments will also be automatically be deleted after 7 days from the date of upload.
Rednote will deliver your consignments when the delivery conditions are triggered and verified. Delivery is via the Rednote Selfcare Manager by making your uploaded video visible to their intended recipients who also use the Client Manager Portal.
Recipients will be notified either via email or other common messaging channels (SMS/WhatsApp) or even via direct calls to nofity them of the message delivery. For recipients unable to accept Standard Delivery, they can arrange with Rednote for custom delivery services at applicable fees as published on our website.
AVA SEMARAK BERHAD, its directors, employees, partners, agents, or affiliates, shall not be liable for:
- any loss or damage, indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or
for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from
your access to or use of the Service; - your inability to access or use the Service;
- any conduct or content of any third-party on or related to the Service;
- any content obtained from or through the Service; and
- the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
AVA SEMARAK BERHAD nor any other party involved in the creating, producing or delivering this site on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or do not take as a result of any electronic mail messages you send us.
AVA SEMARAK BERHAD nor any other party involved in the creating, producing or delivering this website and its services shall have no responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, AVA SEMARAK BERHAD shall have no liability or any responsibility whatsoever for any losses or damages suffered or caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Except as may be otherwise expressly agreed upon in writing, we shall not be liable for any loss, damage, injury, death, fine, penalty, cost, expense and/or any other consequences arising from and/or in connection with any act, omission, error, default, failure, negligence and/or wilful misconduct on the part of our employees, officers, representatives and/or agents, to the fullest extent as may be permitted under the applicable laws and/or regulations.
Your use of the Service is at your own risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided without warranties whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the law of the Malaysia.
AVA SEMARAK BERHAD, its subsidiaries, affiliates and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
- Content Validation: Due to Rednote’s security features, we do not have the ability to validate whether the uploaded content is in a valid format, complete, correct, or free from corruption. It is the sole responsibility of users to ensure that any content they upload is in a suitable format for storage and delivery through Rednote’s services.
Indemnification for Invalid Content: Users agree to indemnify and hold Rednote harmless from any claims, losses, or damages arising from the upload of content that cannot be displayed, used or delivery due to format, completeness, correctness, or corruption issues. Rednote cannot be held liable for the suitability or integrity of user-uploaded content.
- Data Security: Rednote employs rigorous security measures to protect the storage of your messages. However, by using our services, you acknowledge that no data storage system can be completely immune to all risks, and we cannot guarantee absolute security.
- Backup Responsibility: Users are responsible for keeping local backup copies of their uploaded messages. Rednote does not provide a backup service, and in the event of data loss after the consignment delivery, we are not liable for any damages or losses incurred.
Indemnification for Use of Services: By using Rednote’s services, you agree to indemnify and hold us, our affiliates, partners, and employees harmless from any claims, losses, damages, liabilities, or expenses, including legal fees, arising from your use of our services, violation of these terms, or infringement of any third-party rights.
Limitation of Liability: To the maximum extent permitted by law and in accordance to these terms specified here, Rednote shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the use or inability to use the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the services; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and (f) user content or the defamatory, offensive, or illegal conduct of any third party.
Affiliate Program: Users of the Rednote may participate in the Hongxing affiliate program.
Adjustment of Rates and Program Termination: Rednote reserves the right to adjust the affiliate earning rates or terminate the affiliate program at any time, at its sole discretion. In the event of program termination, Rednote commits to honoring all credits previously earned by referrers.
Credit Redemption and Validity: Credits earned through the affiliate program are non-transferable and can only be redeemed towards the payment of consignments within the Rednote Legacy Consignment platform. Credits have no cash value and expire within 6 months, unless otherwise stated.
Fraudulent Activity: Rednote reserves the right to withhold or revoke earned credits in cases of fraudulent activity, including but not limited to: false referrals, self-referrals, or any other activity deemed to be in violation of the terms and conditions outlined herein.
Modification of Terms: Rednote reserves the right to modify or update these terms and conditions at any time. Users will be notified of any changes, and continued participation in the affiliate program constitutes acceptance of the revised terms.
Limitation of Liability: Rednote shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the affiliate program, including but not limited to lost profits, loss of data, or interruption of business operations.