Terms & Service

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The following definitions shall apply for the scope of these Terms:
Access to Managed Services is granted for the particular License Term.
Should a Product of Thief Guard Apps be provided to the Customer pursuant to a license which,
when fully paid, is to be perpetual, the following shall apply:
Scope of the Standard Terms and Conditions of Business
The standard terms and conditions of business set out below (hereinafter referred to as "Terms")
shall apply to any and all agreements between Thief Guard Apps, and its Customers concerning
the delivery of its Products and/or Services, in particular, the provision of Software and its
Updates/Upgrades, Managed Services and the rendering of related Services.
These Terms shall also apply to any and all future agreements between Thief Guard Apps and
the Customer without any further reference to them. In addition to these Terms, the EULA shall
be applicable to any use of Products and in case of Services; the respective SLA shall be
applicable in addition to these Terms. In case of conflict between these Terms and the EULA
and/or the respective SLA, the provisions of these Terms shall prevail unless a specific term in a
EULA or SLA is more favorable to Thief Guard Apps.
These Terms shall prevail over any proposed terms and conditions of the Customer, even if the
Customer has communicated its terms and conditions to Thief Guard Apps unless Thief Guard
Apps has agreed to customer's terms and conditions in info@thiefguardbd.com. These Terms
also apply in cases where Thief Guard Apps provides its Products and/or Services to the
Customer without any reservation and/or with knowledge of the contradicting or differing terms
of the Customer.
Thief Guard Apps reserves the right to change, update, amend or modify these Terms at any
time. Such changes will be transmitted to the Customer in info@thiefguardbd.com (email will be
sufficient). The Customer may object to the changes. If the Customer does not object to the
changes or any part thereof, within four (4) weeks after receipt of a notification (hereinafter
referred to as "Objection Period"), the changes shall be deemed accepted unequivocally by the
Customer. If the Customer objects to the notified changes within the Objection Period, the
agreement will continue on the present Terms or Thief Guard Apps may, in its discretion
terminate any or all licenses or other agreements with the Customer. Objections, notifications
and other correspondence from the Customer to Thief Guard Apps shall be sent to the address at
the end of these Terms.
Definitions
Access - means access to a Service by use of a browser and with the aid of a Login.
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Automatic Renewal - means renewal of a License at the end of a License Term without added
notice. Thief Guard.
Apps Freeware - means any and all Products and Services that are provided to the Customer
free of charge.
Thief Guard Apps Shareware - means any and all Products and Services that are provided to
the Customer free of charge for trial purposes for a limited or unlimited License Term.
Computer - means any device that is able to process data with the assistance of a programmable
calculation specification.
Consumer - means a Consumer and/or Entrepreneur.
Entrepreneur - means any natural person, partnership, corporation, Limited Liability Company
or other legal business entity that uses the Products or Services of Thief Guard Apps in their or
its business and is not using the Products or Services for personal or family reasons.
EULA - means the End User License Agreement of the respective Thief Guard Apps entity that
must be accepted by the Customer before any use of the Products. I (users) agree all the terms
and conditions with Thief Guard apps. Thief Guard provides lot of various different applications,
Apps purpose is for safety and entertainment purpose only. If any misuse will happened through
any apps of Thief Guard then i agree on that i will be only responsible. Thief Guard team will not
be responsible directly or indirectly. I am also responsible for my data storage and lost of data,
Thief Guard team are not responsible for that. Thief Guard’s IOS application has limited features
only as provided by the Apple guidelines and IOS limitations in software architecture. Customer
or end users having not any rights to claim for same features in both IOS and Android Operating
system. Thief Guard’s Android and IOS having different features totally depends on mobile
operating systems. It stipulates the Customer's usage rights for the Products under the relevant
agreement and is available for download on info@thiefguardbd.com.
Fee - means the price or the License fee to be paid for a Product or Service of Thief Guard Apps.
License - means the Customer's right to use the Products or Services subject to these Terms and
in accordance with the EULA or SLA in effect as at the date of execution of the relevant
agreement. The License shall detail the nature and scope of the Customer's right to use the
Products and/or Services.
For those Thief Guard Apps Products for which an Update Service is provided, the License shall
also detail the Customer's right to receive ongoing Updates/Upgrades during the License Term
for the provided Software. License Term - means the time period for which Thief Guard Apps
has granted Customer a License to a Product or Service and, if applicable to receive Updates and
Upgrades. The License Term commences as soon as the Customer has received a Software Key
or Login.
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Login - means entering of identifier information into a Managed Service by a Customer in order
to access that Managed Service. By sending a Login to a Customer, Thief Guard Apps grants a
License to the Customer to the Managed Service to which the Login applies.
Malware - means any software and any other dataset that causes damaging or undesirable
functions in Computer or in a computer system of a user.
Managed Service - means a software application managed by Thief Guard Apps and deployed
to Customer over the Internet with the aid of a Login.
Multiple Use - means the simultaneous storage, simultaneous retention and any other
contemporaneous use of Thief Guard Apps Products on several Computers. Such use is only
allowed pursuant to Licenses for Multiple Use for some Thief Guard Apps products.
One-Time-Code (OTC) - means a sequence of numbers, letters and/or other symbols that must
be entered into the Computer for some Software of Thief Guard Apps during initial installation.
In such cases, Thief Guard Apps will provide Customer with an OTC. Upon entering a valid
OTC, the Customer shall receive the Software Key, and the License Term for that Software shall
commence.
Product - means Thief Guard Apps Software including any applicable Update Service and user
handbooks or other goods provided by Thief Guard Apps.
Reseller - means a Customer to whom Products or Services are provided expressly for the
purpose of resale.
Service - means Managed Service or other related services provided by Thief Guard Apps.
SLA - means the Service Level Agreement of the respective Thief Guard Apps entity that must
be accepted by the Customer before any use of the Services. It defines the Customer's rights of
use for the respective Services under the relevant agreement and is available for download on
info@thiefguardbd.com.
Software - means Thief Guard Apps computer programs in object code format, including any
and all Updates and Upgrades thereof that Thief Guard Apps makes available and for which
Thief Guard Apps has granted a License to a Customer.
Software Key - means an encrypted code that identifies the Software provided to Customer by
Thief Guard Apps and is necessary for installation and access to Updates/Upgrades. The
Software Key is an integral component of the Software. By sending a Software Key, Thief Guard
Apps grants the Customer the License to the Software to which the Software Key applies.
Support - means a Service which Thief Guard Apps offers to Customers seeking help desk
support for Products or Services.
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Updates and Upgrades - mean the updating of the Software. Classification of the updating as an
Update or Upgrade is at Thief Guard Apps’s sole discretion.
Update Service - means the ongoing updating of Software through Updates and/or Upgrades
and providing such Updates and Upgrades to the Customer by Thief Guard Apps. Some
Software requires the Update Service for functional use. Thief Guard Apps may at its sole
discretion render and designate services under its Update Service as an Update or Upgrade.
Offer and Acceptance of the Agreement The presentation of Thief Guard Apps’s Products and
Services on the internet and in prospectuses, catalogues and brochures is for informational
purposes only and shall not provide an express or implied warranty nor any binding offer from
Thief Guard Apps but, rather, shall constitute an opportunity for the Customer to learn
information and to prepare to make a binding contractual offer in the form of an order.
A legally binding agreement between Thief Guard Apps and the Customer shall be concluded
only if the Customer places an order and Thief Guard Apps accepts such order by way of a
written order confirmation (email is sufficient) or by providing one or more Products and/or
Services to the Customer, (e.g. per download or by provision of a Login).
Any and all orders accepted by Thief Guard Apps are subject to these Terms and the applicable
EULA and/or applicable SLA.
Should the Customer be entitled to withdraw from or terminate an agreement based on any
applicable statutory withdrawal right and should the Customer exercise this right within the
relevant statutory period, the relevant EULA and/or SLA shall terminate at the same time. In
case of such withdrawal or termination, Thief Guard Apps will refund the Customer any fees on
a pro-rata basis that have already been paid for the respective Product or Service according to
any applicable statutory provisions.
Any deviations from or modifications to these Terms must be expressly agreed to between the
parties in info@thiefguardbd.com.
Offer and Acceptance of the Agreement The presentation of Thief Guard Apps’s Products and
Services on the internet and in prospectuses, catalogues and brochures is for informational
purposes only and shall not provide an express or implied warranty nor any binding offer from
Thief Guard Apps but, rather, shall constitute an opportunity for the Customer to learn
information and to prepare to make a binding contractual offer in the form of an order.
A legally binding agreement between Thief Guard Apps and the Customer shall be concluded
only if the Customer places an order and Thief Guard Apps accepts such order by way of a
written order confirmation (email is sufficient) or by providing one or more Products and/or
Services to the Customer, (e.g. per download or by provision of a Login).
Any and all orders accepted by Thief Guard Apps are subject to these Terms and the applicable
EULA and/or applicable SLA.
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Should the Customer be entitled to withdraw from or terminate an agreement based on any
applicable statutory withdrawal right and should the Customer exercise this right within the
relevant statutory period, the relevant EULA and/or SLA shall terminate at the same time.
In case of such withdrawal or termination, Thief Guard Apps will refund the Customer any fees
on a pro-rata basis that have already been paid for the respective Product or Service according to
any applicable statutory provisions.
Any deviations from or modifications to these Terms must be expressly agreed to between the
parties in info@thiefguardbd.com.
Subject matter of Agreements
The EULAs and SLAs that are concluded subject to these Terms shall define the Customer's
rights to use Thief Guard Apps Products and/or Services in accordance with these Terms and the
applicable EULA and/or SLA. Upon payment of the agreed Fee, the Customer shall be granted
such use rights.
For Software for which an Update Service is available, the License shall include:
A non-exclusive, non-transferable (with the exception of clause 5. below) right to use the
Software without added charge for the License Term, and A right to access the Update Service
during the License Term as paid for.
For Managed Services and Software for which no Update Service is provided, the License shall
include a non-exclusive, non-transferable (with the exception of clause 5. below) right to use the
Managed Services or the Software during the License Term as paid for.
Title in and to the Products and Services, and any and all other rights, including, but not limited
to the rights of publication, reproduction, processing, translation and other exploitation rights,
shall be retained by Thief Guard Apps.
After an agreement has been withdrawn, rescinded or terminated, the Customer's License for the
Products or Services shall automatically terminate and Customer shall have no further right of
Access to or use of the Product or Services. The Customer shall receive no further
Updates/Upgrades from Thief Guard Apps.
The Customer shall dispose of all Software, in particular, the original data media, any backup
copies and the Software data files stored on its Computer system. Thief Guard Apps may
demand a written confirmation by the Customer declaring that all Software has been deleted in
full.
Software has a specific product lifecycle that governs the operating systems with which the
Software is compatible and how long the Software will be supported by Thief Guard Apps.
Software is possibly not compatible with operating systems that are not specified in the product
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lifecycle or once the support period has expired. Therefore, the product lifecycle constitutes
therefore an integral part of the relevant agreement and is published on info@thiefguardbd.com.
Provisions for the use of Software and Managed Service:
In using the Software and/or Managed Service, the Customer shall at all times comply with these
Terms and Conditions as well as the terms of the EULA and/or SLA applicable at the time of
execution of this agreement. In particular, the Software must not be reproduced, transferred or
decompiled (i.e. recompilation into the source code), unless expressly permitted by the EULA or
permitted according to law. If the Customer wishes to reverse engineer, decompile or
disassemble the Software (hereinafter referred to as "De-compilation") for the purpose of
achieving interoperability with other computer programs if allowed by law, the Customer shall
contact Thief Guard Apps before De-compilation of the Software and request the provision of
the information necessary for the achievement of such interoperability. If Thief Guard Apps
supplies such information concerning interoperability without undue delay, the Customer shall
not be entitled to decompile the Software. Software for which no special Licenses for Multiple
Use are available according to the relevant product information is restricted to use on one
Computer by a Customer. For this purpose, the Customer may use any available Computer that
meets the system requirements and for which the License was granted. Should the Customer
change the Computer, the Software must be deleted from the Computer on which the Software
was previously installed before the reinstallation of the Software on a different Computer. For
Software whose product information provides special Licenses for Multiple Use, Multiple Use
shall be permissible only if, and to the extent that, the Customer purchased and was granted the
relevant type or number of Licenses by Thief Guard Apps.
Unless explicitly granted in the applicable License, Customer shall not have the right to access
Managed Services by simultaneous or multiple use of the same Login. Thief Guard Apps
reserves all rights to bring an action to prohibit or stop any unauthorized use of Products and/or
Services by the Customer, including but not limited to, claims for injunctive relief and damages.
Unauthorized use by the Customer may lead to criminal prosecution under the relevant laws.
Reference is also made to the supplementary terms and conditions of use under the applicable
EULA and/or the SLA. Special provisions for Resellers If Products and/or Services are provided
to a Reseller, the Reseller may transfer the License to a third party. In the event of a resale, the
serial numbers issued by Thief Guard Apps (e.g. License numbers, OTCs or Logins) shall be
stated in the invoice.
Special provisions for Resellers If Products and/or Services are provided to a Reseller, the
Reseller may transfer the License to a third party. In the event of a resale, the serial numbers
issued by Thief Guard Apps (e.g. License numbers, OTCs or Logins) shall be stated in the
invoice.
The Reseller shall not grant to its Customers any rights in the Products and/or Services that are
different from, or greater than, those permitted pursuant to these Terms and Conditions, a EULA
and/or an SLA. The Reseller shall not reproduce the Products and/or Services in whole or in part,
including for purposes of data backup. The parties acknowledge that damages resulting from a
breach of this clause by Reseller are difficult to determine and/or quantify. Therefore, for each
breach of the foregoing provisions of this clause 5, and without prejudice to Thief Guard Apps’s
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right to seek other remedies at law or in equity the Reseller shall pay to Thief Guard Apps
liquidated damages in the amount of USD 20,000. Additional claims by Thief Guard Apps
resulting from the breach of these provisions remain unaffected. Such liquidated damages will be
set off against any other damage awards to Thief Guard Apps resulting from the breach.
The Reseller shall not reproduce the Products and/or Services in whole or in part, including for
purposes of data backup. The parties acknowledge that damages resulting from a breach of this
clause by Reseller are difficult to determine and/or quantify. Therefore, for each breach of the
foregoing provisions of this clause 5, and without prejudice to Thief Guard Apps’s right to seek
other remedies at law or in equity the Reseller shall pay to Thief Guard Apps liquidated damages
in the amount of USD 20,000. Additional claims by Thief Guard Apps resulting from the breach
of these provisions remain unaffected. Such liquidated damages will be set off against any other
damage awards to Thief Guard Apps resulting from the breach.
Thief Guard Apps terms & Conditions will be applicable for all the apps offered by Thief Guard.
Delivery
Thief Guard Apps delivery obligations shall be governed only by (i) Thief Guard Apps order
confirmation, (ii) these Terms, (iii) the EULA and/or the SLA (as applicable) unless explicitly
agreed otherwise between the parties in info@thiefguardbd.com. Thief Guard Apps may render
partial deliveries where a partial delivery is reasonable for the Customer and does not
significantly impair the Customer's interests. Deviations of the delivered Products and/or
Services from documentation shall be permitted provided that they are reasonable and that the
performance of the Products or Services is not materially, adversely affected. Thief Guard Apps
reserves the right to make technical changes to the Products and/or Services which enhance their
operability and performance or which are necessary for the operability of the Products and/or
Services.
Deviations of the delivered Products and/or Services from documentation shall be permitted
provided that they are reasonable and that the performance of the Products or Services is not
materially, adversely affected. Thief Guard Apps reserves the right to make technical changes to
the Products and/or Services which enhance their operability and performance or which are
necessary for the operability of the Products and/or Services. Should Products and/or Services
licensed by Customer be replaced by new Products and/or Services in Thief Guard Apps’s
product line, and such new Products and/or Services perform as well or better than the Products
and/or Services ordered by Customer, then Thief Guard Apps has Deviations of the delivered
Products and/or Services from documentation shall be permitted provided that they are
reasonable and that the performance of the Products or Services is not materially, adversely
affected. Thief Guard Apps reserves the right to make technical changes to the Products and/or
Services which enhance their operability and performance or which are necessary for the
operability of the Products and/or Services.
Should Products and/or Services licensed by Customer be replaced by new Products and/or
Services in Thief Guard Apps’s product line, and such new Products and/or Services perform as
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well or better than the Products and/or Services ordered by Customer, then Thief Guard Apps has
the right to deliver such new Products and/or Services instead of the ordered Products Should
Products and/or Services licensed by Customer be replaced by new Products and/or Services in
Thief Guard Apps’s product line, and such new Products and/or Services perform as well or
better than the Products and/or Services ordered by Customer, then Thief Guard Apps has
Deviations of the delivered Products and/or Services from documentation shall be permitted
provided that they are reasonable and that the performance of the Products or Services is not
materially, adversely affected. Thief Guard Apps reserves the right to make technical changes to
the Products and/or Services which enhance their operability and performance or which are
necessary for the operability of the Products and/or Services.
Should Products and/or Services licensed by Customer be replaced by new Products and/or
Services in Thief Guard Apps’s product line, and such new Products and/or Services perform as
well or better than the Products and/or Services ordered by Customer, then Thief Guard Apps has
the right to deliver such new Products and/or Services instead of the ordered Products and/or
Services. Should Products and/or Services of Thief Guard Apps be shipped at the Customer's
request, the risk for damage and loss shall pass to the Customer upon release for shipment by
Thief Guard Apps. In the event of receipt of Software by download, risk shall pass to the
Customer as soon as Customer has received the necessary Software Key.
Should Thief Guard Apps’s performance be delayed beyond the date confirmed by Thief Guard
Apps, claims for late performance may only be asserted following the expiry of a reasonable
grace period of no less than three weeks set by the Customer. Should Thief Guard Apps be in
default of its delivery obligations or should delivery become impossible for Thief Guard Apps,
Thief Guard Apps shall only be liable pursuant to clauses 10 and 11 below. If timely delivery is
prevented by circumstances that are not just temporary and that do not fall within Thief Guard
Apps’s control (in particular, in the event of strike, lock-out, unavailability of materials, force
majeure, transport hindrances, plant closures or unavailability of internet connection), Thief
Guard Apps or the Customer may, upon ten (10) days written notice, rescind this agreement
without giving rise to any obligation to the other party.
Should Products and/or Services of Thief Guard Apps be shipped at the Customer's request, the
risk for damage and loss shall pass to the Customer upon release for shipment by Thief Guard
Apps. In the event of receipt of Software by download, risk shall pass to the Customer as soon as
Customer has received the necessary Software Key.
Should Thief Guard Apps’s performance be delayed beyond the date confirmed by Thief Guard
Apps, claims for late performance may only be asserted following the expiry of a reasonable
grace period of no less than three weeks set by the Customer. Should Thief Guard Apps be in
default of its delivery obligations or should delivery become impossible for Thief Guard Apps,
Thief Guard Apps shall only be liable pursuant to clauses 10 and 11 below. If timely delivery is
prevented by circumstances that are not just temporary and that do not fall within Thief Guard
Apps’s control (in particular, in the event of strike, lock-out, unavailability of materials, force
majeure, transport hindrances, plant closures or unavailability of internet connection), Thief
Guard Apps or the Customer may, upon ten (10) days written notice, rescind this agreement
without giving rise to any obligation to the other party.
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Automatic renewal
Remuneration and payment terms Unless expressly agreed otherwise, Thief Guard Apps’s Fees
are net free place of shipment, and all shipping costs, in particular, packaging, transport costs and
transport insurance, as well as applicable statutory value added tax - if any - shall be paid by the
Customer. Payments shall be due immediately without any deductions. Bills of exchange and
checks shall be accepted by Thief Guard Apps only pursuant to a special agreement between the
parties and only if these methods of payment do not give rise to any costs and fees for Thief
Guard Apps. If the Customer defaults in payments, Thief Guard Apps may demand agreed upon
or statutory default interest for all past due sums without further notice.
Payments shall be due immediately without any deductions. Bills of exchange and checks shall
be accepted by Thief Guard Apps only pursuant to a special agreement between the parties and
only if these methods of payment do not give rise to any costs and fees for Thief Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
default interest for all past due sums without further notice.
Payments shall be due immediately without any deductions.
Bills of exchange and checks shall be accepted by Thief Guard Apps only pursuant to a special
agreement between the parties and only if these methods of payment do not give rise to any costs
and fees for Thief Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
default interest for all past due sums without further notice. Unless expressly agreed otherwise,
Thief Guard Apps’s Fees are net free place of shipment, and all shipping costs, in particular,
packaging, transport costs and transport insurance, as well as applicable statutory value added
tax - if any - shall be paid by the Customer. Payments shall be due immediately without any
deductions. Bills of exchange and checks shall be accepted by Thief Guard Apps only pursuant
to a special agreement between the parties and only if these methods of payment do not give rise
to any costs and fees for Thief Guard Apps. If the Customer defaults in payments, Thief Guard
Apps may demand agreed upon or statutory Payments shall be due immediately without any
deductions.
Bills of exchange and checks shall be accepted by Thief Guard Apps only pursuant to a special
agreement between the parties and only if these methods of payment do not give rise to any costs
and fees for Thief Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
Unless expressly agreed otherwise, Thief Guard Apps’s Fees are net free place of shipment, and
all If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or
statutory Payments shall be due immediately without any deductions. Bills of exchange and
checks shall be accepted by Thief Guard Apps only pursuant to a special agreement between the
parties and only if these methods of payment do not give rise to any costs and fees for Thief
Guard Apps.
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If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
Unless expressly agreed otherwise, Thief Guard Apps’s Fees are net free place of shipment, and
all If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or
statutory If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or
statutory Unless expressly agreed otherwise, Thief Guard Apps’s Fees are net free place of
shipment, and all If the Customer defaults in payments, Thief Guard Apps may demand agreed
upon or statutory Payments shall be due immediately without any deductions. Bills of exchange
and checks shall be accepted by Thief Guard Apps only pursuant to a special agreement between
the parties and only if these methods of payment do not give rise to any costs and fees for Thief
Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
Unless expressly agreed otherwise, Thief Guard Apps’s Fees are net free place of shipment, and
all If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or
statutory Payments shall be due immediately without any deductions. Bills of exchange and
checks shall be accepted by Thief Guard Apps only pursuant to a special agreement between the
parties and only if these methods of payment do not give rise to any costs and fees for Thief
Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
Unless expressly agreed otherwise, Thief Guard Apps’s Fees are net free place of shipment, and
all shipping costs, in particular, packaging, transport costs and transport insurance, as well as
applicable statutory value added tax - if any - shall be paid by the Customer.
Payments shall be due immediately without any deductions. Bills of exchange and checks shall
be accepted by Thief Guard Apps only pursuant to a special agreement between the parties and
only if these methods of payment do not give rise to any costs and fees for Thief Guard Apps.
If the Customer defaults in payments, Thief Guard Apps may demand agreed upon or statutory
default interest for all past due sums without further notice.
IF the Customer defaults in payment, then Thief Guard Apps may withhold all deliveries to the
Customer, including Updates and Upgrades. Customer should carefully note the consequences of
a failure to install Updates/Upgrades, in particular, that the protective function of the Software
may be impaired.
The Customer may only set off against claims of Thief Guard Apps if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties. Customer should
carefully note the consequences of a failure to install Updates/Upgrades, in particular, that the
protective function of the Software may be impaired. The Customer may only set off against
claims of Thief Guard Apps if the Customer's particular claims are uncontested or confirmed in a
final and binding judgment and only insofar as its counterclaims are based on the same legal
relationship between the parties.
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The Customer may only set off against claims of Thief Guard Apps if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to install Updates/Upgrades, in
particular, that the protective function of the Software may be impaired.
The Customer may only set off against claims of Thief Guard Apps if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties.
The Customer may only set off against claims of Thief Guard Apps if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to install Updates/Upgrades, in
particular, that the protective function of the Software may be impaired.
The Customer may only set off against claims of Thief Guard Apps if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties.
Customer's duties
Proper use of the Software requires receipt of a Software Key from Thief Guard Apps or one of
its authorized Resellers and Customer's installation of all Updates/Upgrades for the respective
Software by Customer. If the Customer has not installed the current Updates/Upgrades of Thief
Guard Apps, the Software's protection against computer viruses and other Malware may be
materially impaired. Installation of the Software and its Updates/Upgrades as well as regular
downloading of the full and current Updates/Upgrades shall be the Customer's sole
responsibility.
The Customer shall familiarize itself with the key functions of the Software or Service. The
Customer shall bear the entire risk as to whether the Software or Service meets the individual
requirements and needs of the Customer. The setup of a functional hardware and software
environment for the Software or Service shall be the sole responsibility of the Customer. The
same shall apply to regular data backup within the Customer's EDP system.
The Customer shall comply with Thief Guard Apps’s advice and instructions concerning
installation of the Software, the updating thereof by Updates/Upgrades and its operation. The
Customer shall regularly consult Thief Guard Apps website (info@thiefguardbd.com) to learn
Thief Guard Apps current advice and shall take this into account while operating the Software.
The Customer shall install the Software at its own cost.
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This shall also be the case if certain Updates/Upgrades and releases require a new installation of
the Software during the License Term. The Customer shall promptly notify Thief Guard Apps of
any alleged or potential defects in the The Customer shall promptly notify Thief Guard Apps of
any alleged or potential defects in the Products and/or Services provided. The Customer shall
notify Thief Guard Apps without undue delay of any changes to its email address or contact
information in order for Thief Guard Apps to be able to send the Customer security-relevant
information for the use of the Software or Services. Thief Guard Apps shall not be liable for any
damages resulting from Customer's failure to provide such notification. The Customer shall
promptly notify Thief Guard Apps of any alleged or potential defects in the Products and/or
Services provided. The Customer shall notify Thief Guard Apps without undue delay of any
changes to its email address or contact information in order for Thief Guard Apps to The
Customer shall promptly notify Thief Guard Apps of any alleged or potential defects in the
Products and/or Services provided. The Customer shall notify Thief Guard Apps without undue
delay of any changes to its email address or contact information in order for Thief Guard Apps to
be able to send the Customer security-relevant information for the use of the Software or
Services. Thief Guard Apps shall not be liable for any damages resulting from Customer's failure
to provide such notification.
The Customer shall promptly notify Thief Guard Apps of any alleged or potential defects in the
Products and/or Services provided.
The Customer shall notify Thief Guard Apps without undue delay of any changes to its email
address or contact information in order for Thief Guard Apps to be able to send the Customer
security-relevant information for the use of the Software or Services.
Thief Guard Apps shall not be liable for any damages resulting from Customer's failure to
provide such notification.
Warranty and Limitations
Unless expressly agreed otherwise, the Products provided by Thief Guard Apps as well as Thief
Guard Apps Services shall reasonably conform to all material product information and
specifications provided by Thief Guard Apps, including that in the user handbooks. Thief Guard
Apps does not warrant that the Products and Services under the agreement will be fit for any
particular purpose. The Customer is advised and understands that, based on the current state of
the art, technology program errors cannot be excluded from a Software Product or Service with
complete certainty and that it is not possible to develop Software or Services that detect The
Customer is advised and understands that, based on the current state of the art, technology
program errors cannot be excluded from a Software Product or Service with complete certainty
and that it is not possible to develop Software or Services that detect The Customer is advised
and understands that, based on the current state of the art, technology program errors cannot be
excluded from a Software Product or Service with complete certainty and that it is not possible to
develop Software or Services that detect any and all existing viruses or other Malware.
FAILURE TO INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY
WARRANTIES HERE UNDER.
13
FAILURE TO INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY
WARRANTIES HERE UNDER. Customer agrees and warrants that the Products shall not be
used in high risk pursuits that require error-free, permanent operation of systems and in which
the failure of the Products may result in harm to an individual’s life, body or health or in
substantial damage to property or the environment (such as high risk activities and high
availability activities, including but not limited to the operation of nuclear facilities, weapon
systems, aviation navigation or communication systems, air traffic control, life support systems
and equipment, machine and production processes of pharmaceuticals and food production).
Thief Guard Apps does not warrant or guarantee that the Products are fit for use in these, or
other, high risk areas. If the Customer is an Entrepreneur and Thief Guard Apps has provided the
Customer with the Product pursuant to a perpetual, fully paid license, then defects in the
provided Products, shall be rectified by Thief Guard Apps, as follows, provided the Customer
has notified Thief Guard Apps of the respective defect promptly Notified errors shall be rectified
by Thief Guard Apps choice If the Customer is an Entrepreneur and Thief Guard Apps has
provided the Customer with the Product pursuant to a perpetual, fully paid license, then defects
in the provided Products, shall be rectified by Thief Guard Apps, as follows, provided the
Customer has notified Thief Guard Apps of the respective defect promptly Notified errors shall
be rectified by Thief Guard Apps choice through correction of the error ("repair") or provision of
an error-free Product ("substitute If the Customer is an Entrepreneur and Thief Guard Apps has
provided the Customer with the Product pursuant to a perpetual, fully paid license, then defects
in the provided Products, shall be rectified by Thief Guard Apps, as follows, provided the
Customer has notified Thief Guard Apps of the respective defect promptly Notified errors shall
be rectified by Thief Guard Apps choice through correction of the error ("repair") or provision of
an error-free Product ("substitute delivery").
Costs for correction shall be borne by Thief Guard Apps.
If the Customer is an Entrepreneur and Thief Guard Apps has provided the Customer with the
Product pursuant to a perpetual, fully paid license, then defects in the provided Products, shall be
rectified by Thief Guard Apps, as follows, provided the Customer has notified Thief Guard Apps
of the respective defect promptly Notified errors shall be rectified by Thief Guard Apps choice
through correction of the error ("repair") or provision of an error-free Product ("substitute
delivery"). Costs for correction shall be borne by Thief Guard Apps.
If the defects cannot be corrected within a reasonable period or if repair and substitute delivery
fail for other reasons, then the Customer may, at its choice, reduce the Fee paid to Thief Guard
Apps pro rata or - if the defects are not immaterial - terminate the agreement. Any damage
claims of a Customer or claims for expenses incurred that arise from such defects shall be
governed exclusively by clause 11. If Thief Guard Apps has provided a Customer with the
Product pursuant to a fully paid license for a specific term, for one year after commencement of
the License Term defects in the Product shall be rectified by Thief Guard Apps within a
reasonable period after notification of the defect.
The rectification of defects shall be effected, at Thief Guard Apps’s choice, by way of repair or
substitute delivery, free of charge. If the defects cannot be corrected within a reasonable period
14
or if repair and substitute delivery fail for other reasons, then the Customer may, at its choice,
reduce the Fee paid to Thief Guard Apps pro rata or - if the defects are not immaterial - terminate
the agreement. Any damage claims of a Customer or claims for expenses incurred that arise from
such defects shall be governed exclusively by clause 11.
If Thief Guard Apps has provided a Customer with the Product pursuant to a fully paid license
for a specific term, for one year after commencement of the License Term defects in the Product
shall be rectified by Thief Guard Apps within a reasonable period after notification of the defect.
The rectification of defects shall be effected, at Thief Guard Apps’s choice, by way of repair or
substitute delivery, free of charge.
If the defects cannot be corrected within a reasonable period or if repair and substitute delivery
fail for other reasons, then the Customer may, at its choice, reduce the Fee paid to Thief Guard
Apps pro rata or - if the defects are not immaterial - terminate the agreement.
Any damage claims of a Customer or claims for expenses incurred that arise from such defects
shall be governed exclusively by clause 11.
f Thief Guard Apps has provided a Customer with the Product pursuant to a fully paid license for
a specific term, for one year after commencement of the License Term defects in the Product
shall be rectified by Thief Guard Apps within a reasonable period after notification of the defect.
The rectification of defects shall be effected, at Thief Guard Apps’s choice, by way of repair or
substitute delivery, free of charge.
The Customer is only entitled to terminate the agreement due to the failure to grant use in
accordance with the agreement if Thief Guard Apps has been given sufficient opportunity to
rectify the defect and such attempt has failed.
A repair or substitute delivery shall be viewed to have failed only if Thief Guard Apps has been
given sufficient opportunity to affect a repair or substitution without achieving the desired result
or if the repair or substitution was unjustifiably refused by Thief Guard Apps. If rectification of a
defect in the form of repair or subsequent delivery is only possible for Thief Guard Apps at
unreasonable expenses, Thief Guard Apps may refuse to rectify the defect and may afford the
Customer to its right to rescind or terminate the agreement.
No warranty is provided for Thief Guard Apps Freeware or other Products and/or Services
provided by Thief Guard Apps free of charge, except for the operability of the Computer
Program hereinafter.
The same shall apply for Thief Guard Apps Shareware, as long as there is no agreement with the
Customer for the unconditional provision of a Software Key or Login No warranty is provided
for Thief Guard Apps Freeware or other Products and/or Services provided by Thief Guard Apps
free of charge, except for the operability of the Computer Program hereinafter. The same shall
apply for Thief Guard Apps Shareware, as long as there is no agreement with the Customer for
15
the unconditional provision of a Software Key or Login No warranty is provided for Thief Guard
Apps Freeware or other Products and/or Services provided by Thief Guard Apps free of charge,
except for the operability of the Computer Program hereinafter.
The same shall apply for Thief Guard Apps Shareware, as long as there is no agreement with the
Customer for the unconditional provision of a Software Key or Login against payment. In no
event shall any Customer ever be entitled to access, or demand access to the source code for the
Software and/or Managed Services. The Customer shall notify Thief Guard Apps without undue
delay if a third party asserts claims against the Customer based on infringement of intellectual
property rights by the Product and/or Managed Services.
Should there be any such notification, whether in written documents or correspondence or in
other form, the Customer shall provide these to Thief Guard Apps without undue delay.
Thief Guard Apps liability for Customer losses due to such infringement is limited to the cost of
the In no event shall any Customer ever be entitled to access, or demand access to the source
code for the Software and/or Managed Services.
The Customer shall notify Thief Guard Apps without undue delay if a third party asserts claims
against the Customer based on infringement of intellectual property rights by the Product and/or
Managed Services.
Should there be any such notification, whether in written documents or correspondence or in
other form, the Customer shall provide these to Thief Guard Apps without undue delay.
Thief Guard Apps liability for Customer losses due to such infringement is limited to the cost of
the In no event shall any Customer ever be entitled to access, or demand access to the source
code for the Software and/or Managed Services.
The Customer shall notify Thief Guard Apps without undue delay if a third party asserts claims
against the Customer based on infringement of intellectual property rights by the Product and/or
Managed Services.
Should there be any such notification, whether in written documents or correspondence or in
other form, the Customer shall provide these to Thief Guard Apps without undue delay. Thief
Guard Apps liability for Customer losses due to such infringement is limited to the cost of the
software or services provided by Thief Guard Apps.
If the Customer is an Entrepreneur and the product of Thief Guard Apps is the subject of a
perpetual license, the Customer's warranty claims for defects of the product lapse after one year
from the commencement of the License Term.
Limitation of Liability for damages
16
Thief Guard Apps shall only be liable for any of the Customer's damages resulting from grossly
negligent or intentional behavior of Thief Guard Apps, and shall be limited to any amounts paid
to Thief Guard Apps by Customer during the twelve months immediately preceding the
Customer's claim.
If the Products or Services are provided by Thief Guard Apps for a limited period of time, Thief
Guard Apps liabilities for defects expire at the time of the termination of the agreement.
The foregoing limitations of liability also apply to all Thief Guard Apps representatives,
including but not limited to its directors, legal representatives, employees and other vicarious
agents.
Retention of title, transfer by way of security Thief Guard Apps shall retain title in such
Product(s) and goods as parts of Services until full payment.
Should the Customer fail to pay, then Thief Guard Apps may demand return of the Product(s).
The Terms providing that the Customer acquires no title, including but not limited to the title
stipulated in clause 4 above, shall remain unaffected by this clause.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
17
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be Should the Customer sell the Products and Services provided by Thief Guard
Apps before the Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief
Guard Apps agree that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
18
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
19
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Thief Guard Apps shall retain title in such Product(s) and goods as parts of Services until full
payment.
Should the Customer fail to pay, then Thief Guard Apps may demand return of the Product(s).
The Terms providing that the Customer acquires no title, including but not limited to the title
stipulated in clause 4 above, shall remain unaffected by this clause.
Should the Customer sell the Products and Services provided by Thief Guard Apps before the
Customer has itself paid the Fee to Thief Guard Apps, the Customer and Thief Guard Apps agree
that the receivables from the resale shall be assigned to Thief Guard Apps.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Thief Guard Apps Products and Services? Thief
Guard Apps may disclose the assignment or demand that the Customer notifies the debtor of
such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Thief Guard
Apps request.
Demand for return of Product by Thief Guard Apps shall not constitute grounds for rescission or
termination of the agreement unless Thief Guard Apps expressly advises the Customer thereof.
The Customer's license to use the Products and Services shall lapse upon demand for the return
of the Product by Thief Guard Apps. Any and all backup copies made by the Customer for its
own use must be returned to Thief Guard Apps or deleted by the Customer.
Miscellaneous
Should any provision of these Terms be or become invalid, ineffective or unenforceable, the
remaining provisions of these Terms shall be valid and enforceable.
Any necessary official permits for transports; purchase and use of the Products and Services in
the destination country are the Customer's responsibility and shall be paid for by Customer.
20
At a Glance
 SMS charges applicable for all SMS notifications, and the SMS charges will be deducted
from the registrant mobile number
 No need to keep activate all the features of Thief Guard app at a time. The features
should be activated on user demand.
 All the permissions have to be allowed for smooth operation of the app
 Softalogy Limited will not responsible for any malpracticing/missusing with the app by
the end users