Legal

Terms & Conditions

Last updated: 12 May 2025  |  Effective: 12 May 2025

1. Definitions

The following terms have the meanings given to them here throughout this document:

• Agreement — these Terms and Conditions, together with any service proposal or written confirmation accepted by both parties.
• Service — the voice interface design services offered by Nyxara, including the Voice Flow Consultation, Voice Interface Design Package, and Voice Experience Programme.
• User / Client / You — any individual or organisation that accesses this website, makes an enquiry, or enters into a service engagement with Nyxara.
• We / Us / Our / Nyxara — Nyxara, a voice interface design studio operating from Lot 12-08, Q Sentral, Jalan Stesen Sentral 2, 50470 Kuala Lumpur, Malaysia.
• Content — all text, documents, deliverables, designs, scripts, diagrams, and other materials produced in connection with our services.
• Deliverables — the specific outputs agreed upon within a service engagement, such as conversation flow sketches, interface scripts, handover packs, or guidelines documents.

2. Acceptance of Terms

By using this website, submitting an enquiry, or commissioning any service from Nyxara, you confirm that:

• You are at least 18 years of age, or are acting on behalf of an organisation with appropriate authority to enter into this Agreement.
• You have the legal capacity to form a binding agreement.
• You have read and agree to these Terms and Conditions.

If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these terms. If you do not agree to any part of these terms, please do not use our website or services.

3. Service Description

Nyxara provides specialist voice interface design consultancy from Kuala Lumpur, Malaysia. Our services are available to clients based in Malaysia and internationally, subject to practicalities of remote collaboration.

We offer three service engagements:

1. Voice Flow Consultation (RM 530) — a discussion-led session mapping a sample spoken interaction and producing a flow sketch and written summary.
2. Voice Interface Design Package (RM 1,680) — detailed conversation scripts, fallback handling, and a developer-ready handover pack, with a usability review.
3. Voice Experience Programme (RM 2,860) — a broader engagement covering multiple voice journeys, accessibility, and internal guidelines documentation.

Service availability, timelines, and scope are subject to mutual agreement and confirmed in writing prior to commencement. Nyxara reserves the right to decline any engagement at its discretion.

4. User Responsibilities

As a client or website visitor, you agree to:

• Provide accurate, complete information when submitting enquiries or briefing us on your project.
• Respond to reasonable requests for input or feedback in a timely manner so that work can proceed.
• Use our website and any materials we produce for lawful purposes only.
• Not misrepresent your identity, authority, or project requirements.
• Not reproduce, redistribute, or share our deliverables in ways not contemplated by the agreed scope.

Prohibited activities include:

• Using our website or services to facilitate unlawful activities.
• Attempting to access systems, data, or areas of our website beyond those intended for general use.
• Submitting false enquiries or fabricating project context.
• Engaging Nyxara to produce content that infringes third-party intellectual property rights.
• Sharing our confidential methodology or proprietary documents with competitors without our written consent.

5. Intellectual Property

Nyxara's existing IP: All processes, frameworks, templates, and methodologies developed by Nyxara prior to or independent of your engagement remain our exclusive intellectual property. These are not transferred to clients.

Deliverables: Ownership of specific deliverables produced for your project transfers to you upon full and cleared payment of the agreed fee, except where we have agreed otherwise in writing. Until payment is received in full, Nyxara retains all rights to project deliverables.

Client materials: Any content, brand assets, or other materials you supply to us remain your property. You grant us a limited licence to use them solely for the purpose of delivering your project.

Portfolio use: Unless you request otherwise in writing, Nyxara reserves the right to reference the nature of our engagement (without disclosing confidential details) for portfolio or promotional purposes.

6. Payment Terms

All fees are quoted and invoiced in Malaysian Ringgit (MYR / RM). Payment terms are as follows:

• A deposit of 50% of the agreed fee is due before work commences.
• The remaining balance is due upon delivery of final deliverables, unless otherwise agreed in writing.
• Invoices are payable within 14 days of issue.
• Accepted payment methods will be communicated at the time of invoicing.

Late payment: Nyxara reserves the right to pause work on your project if a payment falls overdue by more than 14 days. We will notify you before taking this step.

Scope changes: Significant changes to agreed scope after commencement may result in revised fees, which will be discussed and agreed with you before additional work proceeds.

Refund position: Deposits are non-refundable once work has commenced, as they cover time already invested. If a project is cancelled before commencement, we will consider a refund of the deposit at our discretion depending on preparatory work already undertaken. Each situation is handled on its own merits.

7. Delivery and Scope

We aim to agree a clear scope and indicative timeline with every client before starting work. The following apply to all engagements:

• Timelines are estimates based on the information available at the outset and assume timely receipt of client inputs.
• Delays caused by incomplete or late briefs, or extended feedback cycles, may affect delivery dates. We will communicate any impact as soon as it becomes apparent.
• Deliverables are reviewed once by the client following submission. A reasonable round of revisions within the agreed scope is included. Changes that materially expand the scope may incur additional fees.
• Nyxara will confirm acceptance of final deliverables with you in writing (or by email) before closing an engagement.

8. Confidentiality

Both parties agree to handle each other's confidential information with care. Nyxara will not share details of your project, business context, or brief with third parties without your consent, except where required by law or where third parties are engaged to assist with your project under equivalent confidentiality terms.

If you require a formal Non-Disclosure Agreement before sharing sensitive project information, please request this before the project begins. We are happy to sign reasonable NDA arrangements.

Confidentiality obligations survive the end of any engagement for a period of three years.

9. Disclaimers

Our services are provided on the basis of professional judgement and reasonable care. Please note:

• We do not make assurances about specific commercial outcomes, adoption rates, or user satisfaction levels resulting from work we produce.
• Voice interface design is a specialist discipline; final outcomes depend on many factors beyond our deliverables, including how your team implements the work.
• This website and its content are provided for general information purposes. Nothing on this site constitutes legal, financial, or technical advice.
• We make reasonable efforts to keep website content accurate and current, but we do not warrant that it is free from errors at all times.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• Nyxara's total liability to you in connection with any engagement shall not exceed the fees paid by you for the specific service giving rise to the claim.
• We shall not be liable for indirect, incidental, or consequential losses, including loss of business, revenue, data, or opportunity, whether or not we were advised of the possibility of such losses.
• Nothing in these terms limits liability for fraud, gross negligence, or anything else that cannot be excluded under Malaysian law.
• Force majeure: we are not responsible for delays or failures arising from circumstances beyond our reasonable control, including but not limited to natural events, infrastructure outages, or public health situations.

11. Indemnification

You agree to indemnify and hold Nyxara, its team members, and representatives harmless from any claims, losses, or expenses (including reasonable legal costs) arising from:

• Your breach of these Terms and Conditions.
• Your misuse of our website or deliverables.
• Inaccurate or misleading information you provided to us in connection with your project.
• Any third-party claim arising from materials you supplied to us.

12. Termination

By the client: You may withdraw from an engagement at any time by notifying us in writing. Fees for work completed up to that point remain payable. The deposit is non-refundable once work has commenced.

By Nyxara: We reserve the right to end an engagement if:

• Payment obligations are not met within the terms agreed.
• You breach these Terms and the breach is not remedied within 14 days of written notice.
• Circumstances arise that make continuation impractical or inappropriate.

On termination, we will hand over any completed portions of the deliverables to the extent that fees for that work have been paid.

Provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.

13. Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. Any disputes arising from or in connection with this Agreement shall be subject to the jurisdiction of the courts of Malaysia.

Informal resolution: Before initiating any formal process, we encourage both parties to attempt to resolve concerns through direct communication. Most matters can be addressed promptly with a conversation.

Mediation: If informal discussion does not resolve the matter, either party may propose mediation before a mutually agreed mediator. This is not a mandatory step but is offered in good faith.

Neither party waives any legal rights by attempting informal resolution.

14. General Provisions

• Entire agreement: These Terms, together with any confirmed service proposal, constitute the entire agreement between us on their subject matter and replace any prior discussions or representations.
• Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary or removed, and the remaining provisions shall continue in full effect.
• Waiver: Our failure to enforce any right under these Terms on any occasion does not constitute a waiver of that right on future occasions.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Nyxara may assign or subcontract elements of an engagement to trusted partners while remaining responsible for delivery.
• Notices: Formal notices under these Terms should be sent by email to [email protected] or in writing to our registered business address.

15. Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes in our services, legal requirements, or business practices. When we do, we will update the "Last updated" date at the top of this page.

Continued use of our website or services after changes are posted constitutes acceptance of the updated Terms. If you have an active engagement with us, material changes will be communicated to you directly.

16. Contact

For questions or concerns about these Terms and Conditions, please reach out to us: