Terms and Conditions

1. Introduction

Welcome to Tumbuhly. These Terms and Conditions govern your use of our website and services. By accessing or using Tumbuhly, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the service.

2. Definitions

• "Service" refers to the Tumbuhly application, website, and all content, services, and products available at or through the website.
• "User" refers to individuals who access or use the Service for any purpose.
• "Content" refers to all information displayed, transmitted, or otherwise made available via the Service.
• "User Data" refers to all data, including personal information and competency assessments, that users provide to or store within the Service.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

4. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

5. AI-Powered Features

Tumbuhly includes optional artificial intelligence (AI) features to help you capture work, draft assessments, and reflect on your professional growth. These features are assistive only. They do not make employment, promotion, or performance decisions on your behalf or on behalf of your organisation.

Current AI features may include:

• Assessment chat: a guided conversation that helps you think through competency ratings and draft evidence. You review, edit, and confirm any proposal before it is saved.
• Smart capture: natural-language input that is parsed into draft activities, focus updates, or assessment starting points. Nothing is saved until you confirm the draft.
• Third-party connectors: integrations such as the Claude.ai connector (via MCP) that let you access your Tumbuhly data from external AI tools you choose to connect. Those tools are governed by their own terms and privacy policies.

AI output may be incomplete, inaccurate, or unsuitable for your context. You are responsible for reviewing AI-generated drafts before saving them and for ensuring that anything you submit complies with your organisation's policies and applicable law. Do not enter sensitive personal data about other people, confidential employer information, or content you are not authorised to share.

We may apply usage limits, monitoring, and safety controls to AI features. We may change, suspend, or discontinue AI functionality at any time. Our Privacy Policy explains what data is sent to AI providers and how it is stored.

6. Data Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and when we may disclose your personal information, including information processed through AI features. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

7. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Tumbuhly and its licensors. The Service is protected by copyright, trademark, and other laws of both the Malaysia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tumbuhly.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

9. Limitation of Liability

In no event shall Tumbuhly, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Without limiting the foregoing, Tumbuhly is not liable for decisions you or your organisation make based on AI-generated suggestions, drafts, or summaries, or for actions taken through third-party AI connectors you enable.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@tumbuhly.com
Location: Kuala Lumpur, Malaysia