Terms of Service

Effective date: 3 November 2026 · Version: 3.2

1. About these Terms

These Terms of Service ("Terms") govern your use of the website www.malaka.cy and its sub-domains (the "Website") and the M A L A K A mobile and web applications (the "Apps").

1.1 Who we are. The Website and Apps are owned and operated by SALTPIXEL Ltd, a company registered in the Republic of Cyprus (registration no. HE 484960, registered office Demokratias 2, Andreas Kourt, Flat 304, 7060 Larnaca, VAT CY 60319712B), trading as M A L A K A ("SALTPIXEL", "we", "us").

1.2 Acceptance. By opening the Website, creating an account, downloading or using an App, requesting a quote, or clicking "I agree", you accept these Terms. If you do not accept them, do not use the Website or Apps. If you act for a company, you confirm that you have authority to bind it, and "you" means both you and that company.

1.3 What these Terms do not cover. Design, development, marketing, hosting and other paid projects are governed by our Terms of Business / Project Terms and the signed proposal for that project.

1.4 Related documents. These Terms incorporate our Privacy Policy and Cookie Policy. If documents conflict, this order applies, highest first:

  1. a signed contract or Data Processing Agreement;
  2. the Terms of Business / Project Terms (for projects);
  3. any App-specific terms shown in the App;
  4. these Terms;
  5. the Privacy Policy and Cookie Policy, for how personal data is handled.

2. Definitions

Term

Meaning

Customer

A person or business that requests a quote, buys a Service, or subscribes to or buys an App

User

Anyone who uses the Website or an App, including a Customer's staff

Consumer

A natural person acting for purposes outside their trade, business or profession

Business User

Any User who is not a Consumer

Content

Text, images, files, data, prompts and other material a User uploads, enters or generates

AI Features

Elena and any other feature that produces output with artificial intelligence

Estimate

Any price shown by the quote calculator or by Elena before a written quote is confirmed by our team

3. Eligibility and accounts

3.1 Who may use them. The Website and Apps are intended for businesses, professionals and adults. You must be at least 18 to create an account, request a quote or buy anything.

3.2 Accurate information. You must give accurate, current and complete information, including your name, company and contact details, and keep it up to date. Quotes based on false or misleading information are void (section 4.3).

3.3 Account security. You are responsible for:

  • keeping your login details confidential;
  • everything done under your account;
  • giving and removing access for your own staff.

Tell us immediately at support@malaka.cy if you suspect unauthorised access.

3.4 Business accounts. If an App is provided to your organisation (for example a staff portal or DentaCare), your organisation's administrator controls user accounts and may remove your access at any time.

4. Website, quote calculator and Elena

4.1 Elena is an AI. Elena and other AI Features are artificial intelligence systems, not people. AI output can be wrong, incomplete or out of date. You must check AI output before relying on it.

4.2 Estimates are not offers. Any Estimate shown by the calculator or by Elena, including a "preliminary" or "official" figure in the chat:

  • is an invitation to treat, not a binding offer;
  • is personalised as explained in our Privacy Policy;
  • may change after review by our team;
  • creates no contract and no obligation for SALTPIXEL to provide anything.

A contract is formed only when SALTPIXEL confirms a project in writing, or accepts it in the project portal, under the Terms of Business / Project Terms.

4.3 Errors. If an Estimate or quote contains an obvious error in price, scope or description, or is based on information you gave that turns out to be inaccurate, SALTPIXEL is not bound by it. We may correct it or withdraw it, and any deposit held will be released.

4.4 Deposits. Deposits are held and released exactly as described in section 6 of our Privacy Policy and in the Terms of Business / Project Terms. By paying a deposit you agree to those terms.

4.5 Website content. Case studies, results, speeds and figures on the Website describe past projects or targets. They are not a promise of the same result for you. Nothing on the Website is legal, tax or financial advice.

5. Apps

5.1 Licence. We grant you a personal (or, for business Apps, an organisation-wide), non-exclusive, non-transferable, revocable licence to install and use the App, for its intended purpose, on devices you own or control, while these Terms and any subscription remain in force. We license the App to you; we do not sell it.

5.2 Restrictions. You may not:

  • copy, modify, translate or create derivative works of the App;
  • decompile, reverse-engineer or disassemble it, except where the law expressly allows;
  • rent, lend, sell, sub-license or redistribute it;
  • remove our notices, or bypass any security, licence or usage limit.

5.3 Free, paid and subscription Apps.

Model

How it works

Free

Provided as is (section 12). We may add, change or remove features, or end the free version, at any time.

One-time purchase

Gives you the licence for the version purchased and its updates for as long as we publish them. It does not include new paid products or add-ons.

Subscription

Renews automatically at the end of each period at the price then shown, until you cancel. Cancel at least 24 hours before renewal in your App Store or Google Play account. Cancellation takes effect at the end of the current period. Unused periods are not refunded, except where the store's rules or the law require it.

Free trial

Converts to a paid subscription at the end of the trial unless you cancel before it ends.

Business licence (staff portals, DentaCare)

Price, users, term and support are set out in the order or contract with your organisation.

5.4 Payments through the stores. In-app purchases and subscriptions are processed by Apple or Google under their terms. They handle billing and refunds; we do not.

5.5 Updates. We may release updates, which may be required to keep using the App. We may stop supporting older devices or operating-system versions.

5.6 Professional Apps. Apps such as DentaCare are record-keeping and administration tools. They are not medical devices and give no medical, clinical or diagnostic advice. Every clinical decision remains the sole responsibility of the licensed practitioner. Where a Business User uses an App to process personal data of its patients, clients or staff, the Customer acts as the data controller and is solely responsible for establishing a lawful basis (including under Articles 6 and 9 GDPR) and providing transparency notices; where SALTPIXEL hosts or processes that data on the Customer's behalf, it acts as data processor under the applicable Data Processing Agreement (Article 28 GDPR).

5.7 Your backups. You must keep your own regular exports or backups of business-critical data, records and generated content. See section 13 of our Privacy Policy.

6. Acceptable use

You must not use the Website, Apps or AI Features to:

  1. break any law or regulation, or infringe anyone's rights, including privacy and intellectual property;
  2. upload personal data, health data or images of people without a lawful basis and any required consent;
  3. send spam, unsolicited marketing, phishing or misleading messages, including through reminder or messaging features;
  4. upload viruses or malicious code, probe or test our systems for vulnerabilities without written permission, or attack, overload or disrupt them;
  5. scrape, harvest or bulk-extract data, or use bots against our quote tools;
  6. try to extract our prompts, pricing logic, rates or source code, or manipulate the AI into producing false quotes;
  7. create content that is unlawful, defamatory, hateful, harassing, sexually explicit involving minors, or that promotes violence;
  8. impersonate any person or business, or misrepresent your connection with them;
  9. resell or provide our Apps to third parties without a written agreement.

We may investigate suspected breaches, preserve evidence, report unlawful activity to the authorities, and act under section 11.

7. Your Content and AI output

7.1 You own your Content. You keep ownership of the Content you upload or enter. You give SALTPIXEL a non-exclusive, worldwide, royalty-free licence to host, store, copy, process and display it only to provide the Website, Apps and Services to you, to secure them, and to comply with law. We do not use your Content to train AI models.

7.2 Your warranties. You confirm that you have all rights, licences and consents needed for your Content. You also confirm that our processing of it as these Terms describe will not infringe anyone's rights or break any law.

7.3 AI output. Subject to section 7.2 and to the AI provider's terms, you may use the output generated for you by AI Features. Output may not be unique, and similar output may be generated for others. You are responsible for reviewing output before you use, publish or send it, including checking facts, legal compliance and third-party rights.

7.4 Content moderation and reporting (Digital Services Act). Anyone may report Content on our Website or Apps that they consider illegal or in breach of these Terms by emailing our designated Digital Services Act single point of contact (for both users and public authorities) at legal@malaka.cy (languages of communication: English and Greek) with a clear explanation and the exact location of the Content. We review reports manually (assisted by automated security filters for malware and spam) in a timely, diligent and objective manner. If we remove or restrict access to your Content or suspend your account, we will give you a clear statement of reasons (unless prohibited by law or a public authority) and inform you of your right to contest the decision by contacting legal@malaka.cy, via an out-of-court dispute settlement body, or before the competent courts.

8. Intellectual property

8.1 Ours. SALTPIXEL or its licensors own all rights in the Website, the Apps and everything in them, other than your Content. This includes software, source code, designs, layouts, texts, graphics, the Elena persona, prompts, pricing logic, the M A L A K A name and logo, and other trade marks. These Terms give you no rights in them except the limited licence in section 5.1.

8.2 Feedback. If you send us ideas or suggestions, we may use them freely and without payment.

8.3 Project deliverables. Ownership of websites, apps and other work we create for you in a paid project is governed by the Terms of Business / Project Terms, not by this section.

The Website and Apps may link to, embed or rely on services we do not control. Examples include Google, Apple, Vimeo, Stripe, Cloudflare, WhatsApp and maps. Their own terms and privacy policies apply. SALTPIXEL is not responsible for their content, availability or acts. A link is not an endorsement.

10. Availability and changes

10.1 Availability. We aim to keep the Website and Apps available, but we do not promise uninterrupted or error-free operation unless a signed contract includes a service level. We may suspend access for maintenance, security or reasons beyond our control.

10.2 Changes to the service. Beyond updates needed to keep an App in conformity, we may modify features, AI models or Apps for valid reasons—such as adapting to new technologies, legal or regulatory requirements, security improvements, or changes in user numbers—at no extra cost for your current subscription period. If a modification negatively impacts your access to or use of a paid App in more than a minor way, we will notify you in advance on a durable medium (such as email). If you are a Consumer, you may terminate the contract free of charge within 30 days of receiving our notice or of the modification taking effect (whichever is later), and receive a proportionate refund for any unused prepaid period.

10.3 Changes to these Terms. We may update these Terms to reflect changes in our services, legal or regulatory obligations, or security requirements. The effective date at the top shows the current version. For material changes we notify you through the Website, the App or by email at least 14 days before they apply, except where an immediate change is required by law or for security. If you are a Business User and keep using the Website or Apps after a change takes effect, you accept it. If you are a Consumer and object to a material change, you may terminate your account or subscription free of charge before the change applies (or within 30 days if it negatively affects a paid digital service).

11. Our right to refuse, suspend or terminate

11.1 Freedom to contract. SALTPIXEL may, at its sole discretion and without giving reasons, refuse any enquiry, quote request, account, order, subscription or business relationship with any current, potential or future User or Customer. This is subject only to Cyprus and EU anti-discrimination law.

11.2 Suspension or termination. We may suspend or end your access to the Website, any App or any account:

  • immediately, by notice, if you breach these Terms (especially section 6), fail to pay, give false information, act abusively towards our staff, or create a legal, security or reputational risk for SALTPIXEL or others;
  • on 30 days' notice, for any reason for Business Users and free Apps, or for Consumers if we discontinue the App or service or choose not to renew a subscription at the end of the current billing period. For paid subscriptions we refund the unused part of any prepaid period if we terminate before the end of that period without fault on your side.

11.3 You may stop at any time. Delete your account (Privacy Policy section 7.6) and cancel your subscription in the store.

11.4 After termination. Your licence ends. We handle your data as our Privacy Policy states. Sections 7.3, 8, 12 to 16 and any accrued payment obligations survive termination.

12. Disclaimers

To the fullest extent the law allows, the Website, free Apps, AI Features and Estimates are provided "as is" and "as available". We exclude all warranties not expressly stated in these Terms, including implied warranties of fitness for a particular purpose and of accuracy of AI output. This does not affect the statutory guarantees a Consumer has for digital content and digital services under Directive (EU) 2019/770 and Cyprus Law 155(I)/2021.

13. Limitation of liability

13.1 Never excluded. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, for gross negligence or wilful misconduct, under GDPR Article 82, or for any other liability that cannot lawfully be excluded.

13.2 Business Users. Subject to 13.1, SALTPIXEL is not liable to Business Users for:

  • loss of profits, revenue, business, contracts, goodwill or anticipated savings;
  • loss or corruption of data where you did not keep your own backups;
  • indirect, special or consequential loss;
  • loss caused by your Content, your systems, third-party services, AI output you chose to rely on without review, or events beyond our reasonable control, including cyber-attacks despite reasonable security.

SALTPIXEL's total liability to a Business User in any 12-month period is limited to the greater of (a) the amounts you paid us for the App or service concerned in that period and (b) €100.

13.3 Consumers. If you are a Consumer, we are responsible for foreseeable loss caused by our breach of these Terms or our negligence. We are not responsible for loss that was not foreseeable, or for business losses.

14. Indemnity (Business Users)

Business Users will indemnify SALTPIXEL, its directors, staff and contractors against claims, fines, losses and reasonable legal costs arising from:

  • their Content;
  • their breach of these Terms or of data protection law, including failing to obtain patient or customer consent;
  • their use of AI output.

15. Consumer rights

Nothing in these Terms affects the mandatory rights of Consumers under Cyprus and EU law. These include rights under the Consumer Rights Law (Law 133(I)/2013), the Unfair Contract Terms Law (Law 93(I)/1996) and the rules on conformity of digital content and digital services (Directive (EU) 2019/770, transposed by Cyprus Law 155(I)/2021).

Right of withdrawal. For paid digital content or digital services bought directly from us, Consumers have a 14-day right of withdrawal without giving any reason. To exercise it, contact us (for example at legal@malaka.cy) with a clear statement before the 14-day period expires (you may also use the statutory model withdrawal form under Law 133(I)/2013, though it is not obligatory). For digital content not supplied on a tangible medium, you lose your right of withdrawal once performance begins only if, during checkout, you gave your prior express consent for supply to begin during the withdrawal period, acknowledged that you would thereby lose your right of withdrawal, and we provided confirmation of this on a durable medium (such as by email). For digital services (such as subscriptions), if you ask for the service to begin during the 14-day withdrawal period and then exercise your right of withdrawal, you must pay us an amount proportionate to what has been provided until you told us of your withdrawal. For purchases through Apple or Google, their checkout and refund rules apply.

16. Governing law and disputes

16.1 Law. These Terms, and any dispute or non-contractual obligation arising from them, are governed by the laws of the Republic of Cyprus. If you are a Consumer habitually resident in the EU, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.

16.2 Talk to us first. If you have a complaint or dispute, please contact legal@malaka.cy so we can try to resolve it quickly. For Business Users, both parties must try in good faith to settle the dispute within 30 days before starting court proceedings, and agree to consider mediation under the Cyprus Mediation Law (Law 159(I)/2012).

16.3 Courts. For Business Users, the courts of Larnaca, Cyprus have exclusive jurisdiction. Consumers living in the EU may bring proceedings either in the courts of Cyprus or in the courts of the EU Member State where they are domiciled, and we may bring proceedings against a Consumer only in the Member State where they are domiciled. Consumers may also submit complaints to the Cyprus Consumer Protection Service or an approved Alternative Dispute Resolution (ADR) body under Cyprus Law 85(I)/2017.

17. General

  • Entire agreement. These Terms and the documents in section 1.4 are the whole agreement about the Website and Apps.
  • Assignment. You may not transfer your rights without our written consent. We may transfer ours to a group company or a successor of our business, provided that for Consumers this does not reduce your guarantees under the contract (otherwise you may cancel your contract free of charge).
  • Severability. If a clause is invalid, the rest remains in force. For Business Users, the invalid clause is replaced by the closest valid wording that reflects its original intent.
  • No waiver. A delay in enforcing a right is not a waiver of it.
  • Notices. We send notices to the email address on your account or in your quote request. You send notices to legal@malaka.cy.
  • Language. If these Terms are translated, the English version prevails, except where Cyprus or EU consumer law requires otherwise.
  • Force majeure. Neither party is liable for delay caused by events outside its reasonable control.

18. Contact

SALTPIXEL Ltd, trading as M A L A K A · Demokratias 2, Andreas Kourt, Flat 304, 7060 Larnaca, Cyprus · Reg. no. HE 484960 · VAT CY 60319712B · Legal & general: legal@malaka.cy · Privacy: privacy@malaka.cy / omar@emarketing.cy · +357 968 57 953 · www.malaka.cy

M A L A K A
MALAKA and eMarketing Cyprus are brands of SALTPIXEL Ltd (reg. no. HE 484960), Demokratias 2, Livadia 7060, Larnaca, Cyprus (EU).
CYPRUS EU UNIT

Trust & Security

EU GDPR Compliant
Care Plan: Backups & Monitoring
Human Sign-Off Clause
You Own the Code
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