PRIVACY POLICY

 

THE FOLLOWING DEFINITIONS SHALL APPLY FOR THE SCOPE OF THESE TERMS:

 

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 MyGadgetGuard 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 MyGadgetGuard, 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 My Gadget Guard 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 My Gadget Guard.

These Terms shall prevail over any proposed terms and conditions of the Customer, even if the Customer has communicated its terms and conditions to My Gadget Guard unless My Gadget Guard has agreed to customer's terms and conditions in https://mygadgetguard.com. These Terms also apply in cases where My Gadget Guard 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.

My Gadget Guard reserves the right to change, update, amend or modify these Terms at any time. Such changes will be transmitted to the Customer in https://mygadgetguard.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 My Gadget Guard may, in its discretion, terminate any or all licenses or other agreements with the Customer.

Objections, notifications, and other correspondence from the Customer to My Gadget Guard shall be sent to the address at the end of these Terms.

Why do we Require the following PERMISSIONS in our App:

 

INTERNET - We use INTERNET permission to use the internet only.

 

LOCATION - We need this permission for the Parent device to get their Child's location for safety needs. We don't collect or share this information with anyone.

ACCESSIBILITY SERVICE - This app requires Accessibility Service to detect the web browser URL and to detect the current mobile app run by the Child.

CAMERA - We require this permission to take pictures from the rear camera. We don’t collect or share this data.

DISPLAY OVER OTHER APPS - We need this permission so that the Parent can control the child’s device apps.

FOREGROUND_SERVICE - We require this permission to show users that our service is running in the background. We don’t collect or share this data.

STORAGE - We need this permission to access the camera picture which we click when the child is in danger. We don’t share or collect this data.

QUERY_ALL_PACKAGES - We need this permission to detect whether the App is installed or not. We don’t share or collect this data.

PACKAGE_USAGE_STATS - This permission is required for the Parent to see their Child’s App Usage Data. We don’t share or collect this data.

REQUEST_IGNORE_BATTERY_OPTIMIZATIONS - We need this permission so that our app features run smoothly without being interrupted by battery.

 

‌Definitions

Access - means access to a Service by use of a browser and with the aid of a Login.

Automatic Renewal - means renewal of a License at the end of a License Term without added notice. MyGadgetGuard.

Apps Freeware - means any and all Products and Services that are provided to the Customer free of charge.

MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps entity that must be accepted by the Customer before any use of the Products. I (users) agree all the terms and conditions with MyGadgetGuard apps. MyGadgetGuard provides lot of

various different applications, Apps purpose is for safety and entertainment purpose only. If any misuse will happened through any apps of MyGadgetGuard then i agree on that i will be only responsible. MyGadgetGuard team will not be responsible directly or indirectly. I am also responsible for my data storage and lost of data, MyGadgetGuard team are not

responsible for that. MyGadgetGuard’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. MyGadgetGuard’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 https://mygadgetguard.com/.

Fee - means the price or the License fee to be paid for a Product or Service of MyGadgetGuard

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 MyGadgetGuard 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 MyGadgetGuard 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.

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, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps Products on several Computers. Such use is only allowed pursuant to Licenses for Multiple Use for some MyGadgetGuard 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 MyGadgetGuard Apps during initial

installation. In such cases, MyGadgetGuard Apps will provide Customers 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 MyGadgetGuard Apps Software including any applicable Update Service and user handbooks or other goods provided by MyGadgetGuard 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 MyGadgetGuard Apps.

SLA - means the Service Level Agreement of the respective MyGadgetGuard 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 https://mygadgetguard.com/.

Software - means MyGadgetGuard Apps computer programs in object code format, including any and all Updates and Upgrades thereof that MyGadgetGuard Apps makes available and for which MyGadgetGuard Apps has granted a License to a Customer.

Software Key - means an encrypted code that identifies the Software provided to Customer by MyGadgetGuard 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, MyGadgetGuard Apps grants the Customer the License to the Software to which the

Software Key applies.

Support - means a Service which MyGadgetGuard Apps offers to Customers seeking help desk support for Products or Services.

Updates and Upgrades - mean the updating of the Software. Classification of the updating as an Update or Upgrade is at MyGadgetGuard 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 MyGadgetGuard Some

Software requires the Update Service for functional use. MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps and the Customer shall be concluded only if the Customer places an order and MyGadgetGuard 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 MyGadgetGuard 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, MyGadgetGuard 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 https://mygadgetguard.com/.

Offer and Acceptance of the Agreement The presentation of MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps and the Customer shall be concluded only if the Customer places an order and MyGadgetGuard 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 MyGadgetGuard 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, MyGadgetGuard 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 https://mygadgetguard.com/

‌Automatic renewal

Remuneration and payment terms Unless expressly agreed otherwise, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard If the Customer defaults in payments, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps.

If the Customer defaults in payments, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps.

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory default interest for all past due sums without further notice. Unless expressly agreed otherwise, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Payments shall be due immediately without any deductions.

Bills of exchange and checks shall be accepted by MyGadgetGuard 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 MyGadgetGuard Apps.

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Unless expressly agreed otherwise, MyGadgetGuard Apps’s Fees are net free place of shipment, and all If the Customer defaults in payments, MyGadgetGuard Apps may

demand agreed upon or statutory Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted by MyGadgetGuard 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 MyGadgetGuard

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Unless expressly agreed otherwise, MyGadgetGuard Apps’s Fees are net free place of shipment, and all If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory If the Customer defaults in payments, MyGadgetGuard

Apps may demand agreed upon or statutory Unless expressly agreed otherwise, MyGadgetGuard Apps’s Fees are net free place of shipment, and all If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted by MyGadgetGuard 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 MyGadgetGuard Apps.

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Unless expressly agreed otherwise, MyGadgetGuard Apps’s Fees are net free place of shipment, and all If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted by MyGadgetGuard 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 MyGadgetGuard

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory Unless expressly agreed otherwise, MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps.

If the Customer defaults in payments, MyGadgetGuard Apps may demand agreed upon or statutory default interest for all past due sums without further notice.

IF the Customer defaults in payment, then MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps’s advice and instructions concerning installation of the Software, the updating thereof by Updates/Upgrades and its operation. The Customer shall regularly consult MyGadgetGuard Apps website

(www.MyGadgetGuardstoreindia.com) to learn MyGadgetGuard Apps current advice and shall take this into account while operating the Software.

The Customer shall install the Software at its own cost.

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 MyGadgetGuard Apps of any alleged or potential defects in the The Customer shall promptly notify MyGadgetGuard Apps of any alleged or potential defects in the Products and/or

Services provided. The Customer shall notify MyGadgetGuard Apps without undue delay of any changes to its email address or contact information in order for MyGadgetGuard Apps to be able to send the Customer security-relevant information for the use of the Software or Services. MyGadgetGuard Apps shall not be liable for any damages resulting from

Customer's failure to provide such notification. The Customer shall promptly notify MyGadgetGuard Apps of any alleged or potential defects in the Products and/or Services provided. The Customer shall notify MyGadgetGuard Apps without undue delay of any

changes to its email address or contact information in order for MyGadgetGuard Apps to The Customer shall promptly notify MyGadgetGuard Apps of any alleged or potential defects in

the Products and/or Services provided. The Customer shall notify MyGadgetGuard Apps without undue delay of any changes to its email address or contact information in order for MyGadgetGuard Apps to be able to send the Customer security-relevant information for the use of the Software or Services. MyGadgetGuard Apps shall not be liable for any damages resulting from Customer's failure to provide such notification.

The Customer shall promptly notify MyGadgetGuard Apps of any alleged or potential defects in the Products and/or Services provided.

The Customer shall notify MyGadgetGuard Apps without undue delay of any changes to its email address or contact information in order for MyGadgetGuard Apps to be able to send the Customer security-relevant information for the use of the Software or Services.

MyGadgetGuard 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 MyGadgetGuard Apps as well as MyGadgetGuard Apps Services shall reasonably conform to all material product information and specifications provided by MyGadgetGuard Apps, including that in the user handbooks. MyGadgetGuard 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.

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).

MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps, as follows, provided the Customer has notified MyGadgetGuard Apps of the respective defect promptly Notified errors shall be rectified by MyGadgetGuard Apps choice If the Customer is an Entrepreneur and MyGadgetGuard 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 MyGadgetGuard Apps, as follows, provided the Customer has notified MyGadgetGuard Apps of the respective defect promptly Notified errors shall be rectified by MyGadgetGuard Apps choice through correction of the error ("repair") or provision of an error-free Product ("substitute If the Customer is an Entrepreneur and MyGadgetGuard 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 MyGadgetGuard Apps, as follows, provided the Customer has notified MyGadgetGuard Apps of the respective defect promptly Notified errors shall be rectified by MyGadgetGuard Apps choice through correction of the error ("repair") or provision of an error-free Product ("substitute delivery").

Costs for correction shall be borne by MyGadgetGuard Apps.

If the Customer is an Entrepreneur and MyGadgetGuard 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 MyGadgetGuard Apps, as follows, provided the Customer has

notified MyGadgetGuard Apps of the respective defect promptly Notified errors shall be rectified by MyGadgetGuard Apps choice through correction of the error ("repair") or provision of an error-free Product ("substitute delivery"). Costs for correction shall be borne by MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps within a reasonable period after notification of the defect.

The rectification of defects shall be effected, at MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps within a reasonable period after notification of the defect.

The rectification of defects shall be effected, at MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps within a reasonable period after notification of the defect.

The rectification of defects shall be effected, at MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps. If rectification of a defect in the form of repair or subsequent delivery is only possible for MyGadgetGuard Apps at unreasonable expenses, MyGadgetGuard 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 MyGadgetGuard Apps Freeware or other Products and/or

Services provided by MyGadgetGuard Apps free of charge, except for the operability of the Computer Program hereinafter.

The same shall apply for MyGadgetGuard 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 MyGadgetGuard Apps Freeware or other Products and/or Services provided by MyGadgetGuard Apps free of charge, except for the operability of the Computer Program hereinafter. The same shall apply for MyGadgetGuard 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 MyGadgetGuard Apps Freeware or other Products and/or Services provided by MyGadgetGuard Apps free of charge, except for the operability of the Computer Program hereinafter.

The same shall apply for MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps without undue delay.

MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps without undue delay.

MyGadgetGuard 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 MyGadgetGuard 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 MyGadgetGuard Apps without undue delay. MyGadgetGuard Apps liability for Customer losses due to such infringement is limited to the cost of the software or services provided by MyGadgetGuard Apps.

If the Customer is an Entrepreneur and the product of MyGadgetGuard 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

MyGadgetGuard Apps shall only be liable for any of the Customer's damages resulting from grossly negligent or intentional behavior of MyGadgetGuard Apps, and shall be limited to any amounts paid to MyGadgetGuard Apps by Customer during the twelve months immediately preceding the Customer's claim.

If the Products or Services are provided by MyGadgetGuard Apps for a limited period of time, MyGadgetGuard Apps liabilities for defects expire at the time of the termination of the agreement.

The foregoing limitations of liability also apply to all MyGadgetGuard Apps representatives, including but not limited to its directors, legal representatives, employees and other vicarious agents.

Retention of title, transfer by way of security MyGadgetGuard Apps shall retain title in such Product(s) and goods as parts of Services until full payment.

Should the Customer fail to pay, then MyGadgetGuard 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 MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and

MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard 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

MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Should the Customer sell the Products and Services provided by MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

MyGadgetGuard Apps shall retain title in such Product(s) and goods as parts of Services until full payment.

Should the Customer fail to pay, then MyGadgetGuard 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 MyGadgetGuard Apps before the Customer has itself paid the Fee to MyGadgetGuard Apps, the Customer and MyGadgetGuard Apps agree that the receivables from the resale shall be assigned to MyGadgetGuard Apps.

Should the Products and Services be provided together with other items, the assignment of

the receivables shall be limited to the value of MyGadgetGuard Apps Products and Services? MyGadgetGuard 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 MyGadgetGuard Apps request.

Demand for return of Product by MyGadgetGuard Apps shall not constitute grounds for rescission or termination of the agreement unless MyGadgetGuard 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 MyGadgetGuard Apps. Any and all backup copies made by the Customer for its own use must be returned to MyGadgetGuard 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.