Terms of Service

Retail-Secure ANTI-THEFT FOR ANDROID

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE RETAIL_SECURE ANTI THEFT SOFTWARE AND SERVICES (THE “PRODUCTS''). THE PRODUCTS MEANS ALL OF THE ELECTRONIC FILES PROVIDED BY DOWNLOAD WITH THIS LICENSE AGREEMENT. BY USING THE PRODUCTS, OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT USE THE SOFTWARE, SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.

This end user license and subscriber agreement is between you (“you” or “Subscriber”), an individual, And Retail-Secure ,Jaipur, Rajasthan

In exchange for your use of the Products, you agree as follows:

License
1. Grant of License. Retail-Secure grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, back-up, and use the Software and Services (collectively, the “Products”) on (1) one mobile device unless otherwise indicated under a valid license granted by Retail-Secure for the term that you have paid for (if a paid version), including any documentation and files accompanying the Products. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software. All rights not expressly granted herein are reserved to Retail-Secure. This License grant shall expire at the end of the paid subscription period or at the end of the trial period.
2. Restrictions. The licenses granted herein are only valid if:
  (i) the Products are NOT modified in any manner;
  
  (ii) the Products are only installed and used in accordance with your network security policies,
  
  (iii) you possess the necessary authority and power to install and use the Products,
  
  (iv) you promptly pay all license fees when due, and
  
  (v) this agreement is accepted without modification and has not been breached.
3. Registration. When registering Products, you must provide accurate information and must update the registration information if it changes. Retail-Secure may limit your ability to use the Products if you fail to complete a required registration process. You may also be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility. You must notify Retail-Secure immediately of any unauthorized use of your account.
4. Limited License. The licenses granted herein are only for the mobile device for which you paid for the Products. You can secure additional mobile devices by obtaining a separate license for each mobile device, which might require an additional fee. You must have a license for each mobile device that accesses or use the Products prior to installing or using EULA Retail-Secure Anti-Theft for Android the Products.
5. Updates. Retail-Secure is not obligated to provide updates to the Products. If an update is provided and the update is not accompanied by an additional agreement, this agreement applies to your use and installation of the update. Some Products update automatically without notice.
6. Trial, Free, Evaluation, and Beta License. If this agreement pertains to a trial, free, beta, or evaluation version, the licenses granted herein terminate at the end of the trial or evaluation period or when Retail-Secure disables access to the Products. For a trial version of the Product if no term is agreed or specifically set forth in the documentation that you receive with this Product, then the term for the licenses granted herein shall be for the term that you purchased. Any Limited Guarantee which may be set forth herein is not offered with any Trial, Free, Evaluation or Beta Product. All trial, evaluation, and beta licenses are limited to one per customer. Retail-Secure may deny or revoke a free trial for any reason.
Ownership
1. No Ownership Rights. The Products are being licensed, not sold. Retail-Secure retains all ownership rights in and to all Products, including any intellectual property rights therein.
2. Content. Content, including files, links, images, and text, made available or accessible through the Products is the sole responsibility of the person or entity from whom it originated and is the property of the applicable owner. This agreement does not give any rights to such content. Retail-Secure does not endorse any such content. You accept all responsibility for security risks and any damage resulting from any content viewed or accessed through the Products, and Retail-Secure is not responsible for any damage or loss caused by your use or reliance on any of the content, goods or services, or information available through third party sources regardless of how presented.
3. Submissions. Any communications sent to Retail-Secure are the property of Retail-Secure or its affiliates. Unless stated otherwise herein, submissions are not considered confidential, and Retail-Secure is not liable for any use or disclosure of a submission. Except as noted herein, Retail-Secure is entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
Payment
1. Fees. Certain Products may be used without payment to Retail-Secure. For other Products, you must pay the fee listed on Retail-Secure’s website prior to using or accessing the Products. Free and paid for Products are listed on www.Retail-Secure.in. Retail-Secure may modify fees for paid products in its sole discretion. Your failure to terminate this agreement after a fee change is posted to Retail-Secure’s website constitutes your acceptance of amended prices, which will apply upon your renewal of the Products.
2. Method of Payment. All fees must be paid in advance. However, you remain solely responsible for any renewal payment. If renewal payments are not made before a EULA Retail-Secure Anti-Theft for Android,subscription expires, Retail-Secure may, without notice, restrict or remove your access to the Products.
3. Rejected Charges. If any charges are rejected by your bank issuer then Retail-Secure may deactivate your account until payment is successfully received. Retail-Secure may deactivate any account that has a disputed charge until Retail-Secure, in its sole discretion, determines the dispute resolved.
4. Billing Issues. You shall provide Retail-Secure notice of any billing problems or disputes within 10 days after the charge first appears on a statement you receive from your bank, credit card company, or other billing company. Failure to notify Retail-Secure of the problem within the 10 day period is your acceptance of the charges. Retail-Secure is not obligated to provide a refund for any unused Products.
Restrictions
1. Lawful Use. The Products are solely for lawful purposes and use. You are responsible for ensuring that your use of the Products is in accordance with this agreement and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
2. Compliance. You shall (1) not interfere or disrupt networks connected to Retail-Secure’s services; (2) comply with all regulations, policies and procedures of networks connected to the services; (3) not use the Products to infringe the privacy or intellectual property rights of a third party; (4) not use the Products to distribute or transmit any file that contains malware, (5) not attempt to gain unauthorized access to other computer systems or mobile devices; and (6) not use the Products to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
3. Export. You represent that you are not located in and will not modify, export or re-export, either directly or indirectly, the Products to any country or entity under Indian restrictions or to any country or entity subject to applicable trade sanctions. The Indian restricted country and persons list is subject to change without notice from Retail-Secure, and you must comply with the list as it exists in fact. RETAIL-SECURE SHALL NOT BE LIABLE FOR YOUR VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER INDIAN LAW OR FOREIGN LAW.
Termination.
1. Term. This agreement is effective until terminated by you or by Retail-Secure. You may only use paid Products during the period for which you have paid the subscription fee. The subscription may be renewed by paying an additional license fee as set forth on the Retail-Secure website.
2. Termination by You. For free software, you may terminate this agreement at any time by removing all copies of the software in your possession or under your control. All paid Products may be terminated by removing all copies of any related software and notifying Retail-Secure of your intent to terminate this agreement. Notification of termination must be sent by email to support@retail-secure.in . Your termination will be effective upon Retail-Secure’s receipt and processing of the email. Processing may take up to 72 hours.
3. Termination by Retail-Secure. Retail-Secure may terminate this agreement at any time by posting notice of the termination on its website or sending an email to the address provided during your registration for the Products. Retail-Secure may monitor its systems for excessive consumption of network resources and may take technical or other remedies deemed necessary to prevent or eliminate any excessive consumption. If Retail-Secure deems your use to be excessive, Retail-Secure may, with email notice, terminate your account or adjust the price of the Products.
4. Events Upon Termination. Upon termination, you must immediately cease using the Products and delete all copies of any related software found on your mobile device and any EULA Retail-Secure Anti-Theft for Android backup copies made. Upon termination, Retail-Secure may disable further use of the Products without further notice and may delete, remove, and erase any account information, any backup data stored by Retail-Secure, and any other information stored or collected by Retail-Secure. Such deletions are in Retail-Secure’s sole discretion and may occur without notice to you. No refunds shall be given for any reason.
  a. Uninstall
  To uninstall Retail-Secure Anti-Theft, you should remove the application. You must “Hard surrender” it from the control panel and then manually update “Android device policy” from “Play Store”. In order to unlist the device from Android enterprise you need to first take complete backup of your data on Google and then hard reset the device from recovery mood of the device.Please contact Retail-Secure if you need further help.
Indemnification.
1. Indemnification. You shall indemnify (i) Retail-Secure, (ii) Retail-Secure’s affiliates, and (iii) Retail-Secure’s and its affiliates directors, officers, employees, and agents (each an “Indemnified Person”) against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees) (collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement, information provided by you, or your infringement on the rights of a third party.
2. Indemnification Procedure. Retail-Secure shall notify you promptly of any demand for indemnification. However, Retail-Secure’s failure to notify will not relieve you from your indemnification obligations except to the extent that the failure to provide timely notice materially prejudices you. You may assume the defense of any action, suit, or proceeding giving rise to an indemnification obligation unless assuming the defense would result in potential conflicting interests as determined by the Indemnified Person in good faith. You may not settle any claim, action, suit or proceeding related to this agreement unless the settlement also includes an unconditional release of all Indemnified Persons from liability.
3. Additional Liability. Your indemnification obligations are not Retail-Secure’s sole remedy for a breach and are in addition to any other remedies Retail-Secure may have against you under this agreement. Your indemnification obligations survive the termination of this agreement.
Disclaimers and Limitation of Liability.
1. Internet. You acknowledge that the Products are subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Retail-Secure’s control.
2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, RETAIL-SECURE EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCTS. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. RETAIL-SECURE DOES NOT GUARANTEE THAT 1) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
3. Damage Limitation. THE TOTAL LIABILITY OF RETAIL-SECURE AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS. YOU WAIVE ALL EULA Retail-Secure Anti-Theft for Android LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF RETAIL-SECURE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this agreement have been breached or proven ineffective.
4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. RETAIL-SECURE DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH ITS PRODUCTS AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain damages, then the disclaimers of guarantee and limitations on liability herein apply to the maximum extent allowed by law.
6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
Privacy.
1. Privacy Policy. Retail-Secure shall follow the privacy policy posted on its website at http://www.retail-secure.com/reposit/privacy_agreement.html when collecting and using information from you. Retail-Secure may amend the privacy policy at any time by posting the amended privacy policy on its website.
2. Permissions: You hereby expressly authorize and grant permission to Retail-Secure to remotely access, modify and delete personal data such as contacts, messages, music files, videos, when requested by you.
  You expressly authorize and grant permission to Retail-Secure to remotely lock a stolen or lost device.
  You expressly authorize and grant permission to Retail-Secure to view if your device is rooted.
  Additionally, you expressly authorize and grant permission to Retail-Secure to access your device’s Global Positioning System (GPS) location, cellular network location or other similar data, reading the SD card, device ID, device IMEI number, installed application(s), battery and memory status, and camera control. SPECIFICALLY, YOU ARE GRANTING THIS APPLICATION ACCESS TO THE FOLLOWING:
  SERVICES THAT COST YOU MONEY:
  Send SMS Messages
  Allows the app to send SMS messages.
  Directly Call Phone Numbers
  Allows the app to call phone numbers without your intervention.
  HARDWARE CONTROLS:
  Change Your Audio Settings
  Allows the app to modify global audio settings such as volume and routing.
  EULA Retail-Secure Anti-Theft for Android
  Take Pictures and Videos
  Allows the app to take pictures and videos with the camera, and record video.
  This allows the app at any time to collect images the camera is seeing.
  SNEAK PEAK (with Camera):
  Allows the user to take a photo as a remote command from the smartphone or tablet.
  YOUR LOCATION:
  Approximate location (network-based), precise location (GPS and network based), access extra location provider commands, and GPS access.
  Coarse (network-based) Location Access coarse location sources such as the cellular network database to determine an approximate device, phone, or tablet location, where available. Access coarse location sources such as the cellular network database to determine an approximate phone location, where available. Fine (GPS) Location Access fine location sources such as the Global Positioning System on the device, phone or tablet, where available. Access fine location sources such as the Global Positioning System on the phone, where available. Mock Location Sources For Testing Allows the app to create mock location sources for testing.
  YOUR MESSAGES:
  Receive SMS
  Allows the app to receive and process SMS messages. Edit SMS or MMS Allows the app to write to SMS messages stored on your device, phone or tablet or SIM card. Malicious apps may delete your messages. Allows the app to write to SMS messages stored on your phone or SIM card. Read SMS or MMS Allows the app to read SMS messages stored on your tablet or SIM card. Allows the app to read SMS messages stored on your phone or SIM card. EULA Retail-Secure Anti-Theft for Android
  NETWORK COMMUNICATION:
  Full Internet Access Allows the app to create network sockets. YOUR PERSONAL INFORMATION: Read Browser's History and Bookmarks Allows the app to read all the URLs that the Browser has visited, and all of the Browser's bookmarks. Write Browser's History and Bookmarks Allows the app to modify the Browser's history or bookmarks stored on your device or phone. Write Contact Data
  Allows the app to modify the contact (address) data stored on your tablet or your phone.
  Read Log Data
  Allows the app to read from the system's various log files. This allows it to discover general information about what you are doing with the tablet, potentially including personal or private information. Allows the app to read from the system's various log files. This allows it to discover general information about what you are doing with the phone, potentially including personal or private information.
  Read Contact Data
  Allows the app to read all of the contact (address) data stored on your device, tablet or phone.
  Read Calendar Events
  Allows the app to read all calendar events stored on your phone, device or tablet, including those of friends or coworkers. Allows the app to read all calendar events stored on your phone, including those of friends or coworkers. Add or Modify Calendar Events and Send Email to Guests Without Owners’ Knowledge Allows the app to send event invitations as the calendar owner and add, remove, change events that you can modify on your device, including those of friends or co-workers.
  Identity Access may include the ability to: find accounts on the device; read your own contact card (such as name and contact information); modify your own contact card; add or remove accounts. EULA Retail-Secure Anti-Theft for Android
  DEVICE ID AND PHONE CALLS:
  The app can access your device ID(s), phone number, if you are on the phone, and number connected by a call. Read Phone State and Identity Allows the app to access the phone features of the device. An app with this permission can determine the phone number and serial number of this phone, whether a call is active, the number that call is connected to and the like.
  Process Outgoing Calls
  Allows the app to process outgoing calls and change the number to be dialed. STORAGE – PHOTOS/MEDIA/FILES:
  The app can use files or data stored on your device. Photos/Media/Files access may include the ability to:
  Read/Modify/Delete USB Storage Contents or Read/Modify/Delete SD Card Contents
  Allows the app to write to the USB storage. Allows the app to read and write to the SD card. Format external storage; mount or unmounts external storage.
  SYSTEM TOOLS:
  Display System-Level Alerts Allows the app to show system alert windows. Change Wi-Fi State Allows the app to connect to and disconnect from Wi-Fi access points, and to make changes to configured Wi-Fi networks. Prevent Tablet From Sleeping /Prevent Phone From Sleeping Allows the app to prevent the tablet from going to sleep. Allows the app to prevent the phone from going to sleep. Reorder Running Apps Allows the app to move tasks to the foreground and background. Mount And Unmount File Systems Allows the app to mount and unmount file systems for removable storage. Retrieve Running Apps Allows the app to retrieve information about currently and recently running tasks. EULA Retail-Secure Anti-Theft for Android Modify Global System Settings Allows the app to modify the system's settings data. Change Network Connectivity Allows the app to change the state of network connectivity. Automatically Start at Boot Allows the app to have itself started as soon as the system has finished booting. This can make it take longer to start the device and allow the app to slow down the overall tablet by always running. Allows the app to have itself started as soon as the system has finished booting. This can make it take longer to start the phone and allow the app to slow down the overall phone by always running. Kill Background Processes Allows the app to kill background processes of other apps, even if memory isn't low. Retrieve System Internal State Cellular Data Settings The app can use settings that control your mobile data connection and potentially the data you receive. YOUR ACCOUNTS: Discover Known Accounts Allows the app to get the list of accounts known by the tablet or phone.
  HARDWARE CONTROLS:
  Control Vibrator
  Allows the app to control the vibrator on the phone or tablet. NETWORK COMMUNICATION: View Wi-Fi State Allows the app to view the information about the state of Wi-Fi, such as if the WiFi is turned on and the name(s) of connected devices. View Network State Allows the app to view the state of all networks and view Wi-Fi connections. EULA Retail-Secure Anti-Theft for Android
  PHONE CALLS:
  Modify Phone State Allows the app to control the phone features of the device. An app with this permission can switch networks, turn the phone radio on and off and the like without ever notifying you.
  SYSTEM TOOLS:
  Kill Background Processes Allows the app to kill background processes of other apps, even if memory isn't low.
  Automatically Start At Boot
  Allows the app to have itself started as soon as the system has finished booting. This can make it take longer to start the tablet and allow the app to slow down the overall tablet by always running. Allows the app to have itself started as soon as the system has finished booting. This can make it take longer to start the phone and allow the app to slow down the overall phone by always running. DEFAULT: Modify Battery Statistics Allows the app to modify collected battery statistics. Not for use by normal apps. CLOUD SCAN: Sends the hash code of each application installed on the user device. OTHER:
  The app can use custom settings provided by your device manufacturer and application specific permissions. Other access may include the ability to : Read and/or write to your social media stream on some social networks Access subscribed feeds. EULA Retail-Secure Anti-Theft for Android
3. Disclosure. Retail-Secure will disclose information where required by a subpoena, interception order or other lawful process. Retail-Secure may also disclose information when it believes that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect Retail-Secure’s rights under this Agreement.
4. Opt Out. You may opt-out of having information used for purposes not directly related to the Products by emailing a clear notice to support@retail-secure.in. By clicking “I AGREE”, you affirmatively consent to receiving Retail-Secure’s and its affiliates’ promotional material.
Miscellaneous
1. Notices. All questions, notices, demands, or requests to Retail-Secure with respect to this Agreement shall be made in English writing to: Retail-Secure Systems and Technology LLP. All notices to you shall be made by posting the notice on the Retail-Secure website.
2. Entire Agreement. This agreement, along with the attached schedules and any documents referred to herein, is the entire agreement between the parties with respect to the subject matter, superseding all other agreements that may exist with respect to the subject matter. Section headings are for reference and convenience only and are not part of the interpretation of the agreement.
3. Modifications. Retail-Secure may amend or discontinue certain Products offered under this agreement in its sole discretion, including modifying renewal license fees, availability, equipment and software requirements, and limiting or restricting use of Products. Retail-Secure may amend this agreement to the extent allowed by law. Retail-Secure will give you notice of these amendments by posting the modified agreement to its website. You must periodically visit Retail-Secure’s website to be aware of any changes. Continued use of a Product after an amendment constitutes your acceptance of the change.
4. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s right to enforce the same provision later or right to enforce any other provision of this agreement. To be effective, all waivers must be both in writing and signed by the party benefiting form the waived provision.
5. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party will be liable for a delay or failure to perform an obligation to the extent that the delay or failure is caused by an occurrence beyond the party's reasonable control. Each party acknowledges that the operation of the Internet is beyond the other party’s reasonable control, and neither party will be liable for a delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.
6. Arbitration/ Governing Law. To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you shall notify Retail-Secure, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following: Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association (hereinafter referred to as the “AAA”).
7. Assignment. You may not assign any of your rights or obligations under this agreement, whether by merger, consolidation, operation of law, or any other manner, without the prior written consent of Retail-Secure. For purposes of this section only, a change in control is deemed an assignment. Any transfer without consent is void. To the extent allowed by law, Retail-Secure may assign its rights and obligations without your consent.
8. Severability. Any provision held invalid or unenforceable will be reformed to the minimum extent necessary to make the provision valid and enforceable. If reformation is not possible, the provision is deemed omitted and the balance of the agreement remains valid and enforceable.
9. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
10. Rights of Third Parties. There are no third party beneficiaries under the agreement. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.