TERMS AND CONDITIONS

Absolute Soft System Apps — Standard Terms and Conditions of Business

1. 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 Absolute Soft System 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[cite: 2].

These Terms shall also apply to any and all future agreements between Absolute Soft System Apps and the Customer without any further reference to them[cite: 3]. 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[cite: 4, 5]. 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 Absolute Soft System Apps[cite: 6].

These Terms shall prevail over any proposed terms and conditions of the Customer, even if the Customer has communicated its terms and conditions to Absolute Soft System Apps unless Absolute Soft System Apps has agreed to customer's terms and conditions in www.absolutestoreindia.com[cite: 7]. These Terms also apply in cases where Absolute Soft System 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[cite: 8].

Absolute Soft System Apps reserves the right to change, update, amend or modify these Terms at any time[cite: 9]. Such changes will be transmitted to the Customer in www.absolutestoreindia.com (email will be sufficient)[cite: 10]. If the Customer does not object to the changes within four (4) weeks after receipt of a notification ("Objection Period"), the changes shall be deemed accepted unequivocally[cite: 11]. If the Customer objects to the notified changes within the Objection Period, the agreement will continue on the present Terms or Absolute Soft System Apps may, in its discretion terminate any or all licenses or other agreements with the Customer[cite: 12].

2. App Permissions and Privacy Requirements

Absolute Soft System terms & Conditions will be applicable for all the apps offered by Absolute Soft System[cite: 120]. Why do we require the following permissions in our apps[cite: 14]:

INTERNETWe use INTERNET permission to use the internet only.
LOCATIONWe need this permission for Parent device to get their Child's location for safety needs. We don't collect or share this information with anyone.
ACCESSIBILITY SERVICEThis app requires Accessibility Service to detect the web browser url and to detect current mobile app run by the Child.
CAMERAWe require this permission to take picture from rear camera. We don’t collect or share this data.
DISPLAY OVER OTHER APPSWe need this permission so that Parent can control child’s device apps.
FOREGROUND_SERVICEWe require this permission to show users that our service is running in background. We don’t collect or share this data.
STORAGEWe need this permission to access camera picture which we click when child is in danger. We don’t share or collect this data.
QUERY_ALL_PACKAGESWe need this permission to detect whether the App is installed or not. We don’t share or collect this data.
PACKAGE_USAGE_STATSThis permission is required for Parent to see their Child’s App Usage Data. We don’t share or collect this data.
REQUEST_IGNORE_BATTERY_OPTIMIZATIONSWe need this permission so that our app features run smoothly without being interrupted by battery.

3. User Agreement & Misuse Responsibilities

I (users) agree all the terms and conditions with absolute apps[cite: 31].

Absolute Soft System provides lot of various different applications, Apps purpose is for safety and entertainment purpose only[cite: 32]. If any misuse will happened through any apps of Absolute Soft System then i agree on that i will be only responsible[cite: 33]. Absolute Soft System team will not be responsible directly or indirectly[cite: 34].

I am also responsible for my data storage and lost of data, Absolute Soft System team are not responsible for that[cite: 35].

Absolute Soft System’s IOS application has limited features only as provided by the Apple guidelines and IOS limitations in software architecture[cite: 36]. Customer or end users having not any rights to claim for same features in both IOS and Android Operating system[cite: 37]. Absolute Soft System’s Android and IOS having different features totally depends on mobile operating systems[cite: 38].

4. Definitions

AccessMeans access to a Service by use of a browser and with the aid of a Login. Access to Managed Services is granted for the particular License Term.
Automatic RenewalMeans renewal of a License at the end of a License Term without added notice.
Apps FreewareMeans any and all Products and Services that are provided to the Customer free of charge.
Absolute Soft System Apps SharewareMeans 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.
ComputerMeans any device that is able to process data with the assistance of a programmable calculation specification.
ConsumerMeans a Consumer and/or Entrepreneur.
EntrepreneurMeans any natural person, partnership, corporation, Limited Liability Company or other legal business entity that uses the Products or Services of Absolute Soft System Apps in their or its business and is not using the Products or Services for personal or family reasons.
EULAMeans the End User License Agreement of the respective Absolute Soft System Apps entity that must be accepted by the Customer before any use of the Products. It stipulates the Customer's usage rights for the Products under the relevant agreement and is available for download on www.absolutestoreindia.com.
FeeMeans the price or the License fee to be paid for a Product or Service of Absolute Soft System Apps.
LicenseMeans 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 Absolute Soft System 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 TermMeans the time period for which Absolute Soft System 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.
LoginMeans 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, Absolute Soft System Apps grants a License to the Customer to the Managed Service to which the Login applies.
MalwareMeans any software and any other dataset that causes damaging or undesirable functions in Computer or in a computer system of a user.
Managed ServiceMeans a software application managed by Absolute Soft System Apps and deployed to Customer over the Internet with the aid of a Login.
Multiple UseMeans the simultaneous storage, simultaneous retention and any other contemporaneous use of Absolute Soft System Apps Products on several Computers. Such use is only allowed pursuant to Licenses for Multiple Use for some Absolute Soft System 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 Absolute Soft System Apps during initial installation. In such cases, Absolute Soft System 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.
ProductMeans Absolute Soft System Apps Software including any applicable Update Service and user handbooks or other goods provided by Absolute Soft System Apps.
ResellerMeans a Customer to whom Products or Services are provided expressly for the purpose of resale.
ServiceMeans Managed Service or other related services provided by Absolute Soft System Apps.
SLAMeans the Service Level Agreement of the respective Absolute Soft System 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 www.absolutestoreindia.com.
SoftwareMeans Absolute Soft System Apps computer programs in object code format, including any and all Updates and Upgrades thereof that Absolute Soft System Apps makes available and for which Absolute Soft System Apps has granted a License to a Customer.
Software KeyMeans an encrypted code that identifies the Software provided to Customer by Absolute Soft System 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, Absolute Soft System Apps grants the Customer the License to the Software to which the Software Key applies.
SupportMeans a Service which Absolute Soft System Apps offers to Customers seeking help desk support for Products or Services.
Updates and UpgradesMean the updating of the Software. Classification of the updating as an Update or Upgrade is at Absolute Soft System Apps’s sole discretion.
Update ServiceMeans the ongoing updating of Software through Updates and/or Upgrades and providing such Updates and Upgrades to the Customer by Absolute Soft System Apps. Some Software requires the Update Service for functional use. Absolute Soft System Apps may at its sole discretion render and designate services under its Update Service as an Update or Upgrade.

Should a Product of Absolute Soft System Apps be provided to the Customer pursuant to a license which, when fully paid, is to be perpetual, the provisions specified in these standard terms will apply[cite: 2].

5. Offer and Acceptance of the Agreement

The presentation of Absolute Soft System 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 Absolute Soft System Apps[cite: 69]. It constitutes an opportunity for the Customer to learn information and prepare to make a binding offer in the form of an order[cite: 69].

A legally binding agreement shall be concluded only if the Customer places an order and Absolute Soft System 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., via download or provision of a Login)[cite: 70]. Any and all orders accepted are subject to these Terms and the applicable EULA and/or SLA[cite: 71].

Should the Customer exercise a statutory withdrawal right within the relevant period, the relevant EULA and/or SLA shall terminate at the same time[cite: 72]. In such cases, Absolute Soft System Apps will refund fees on a pro-rata basis that have already been paid[cite: 73]. Any deviations or modifications to these Terms must be expressly agreed between the parties on www.absolutestoreindia.com[cite: 74].

6. Subject matter of Agreements

The EULAs and SLAs concluded subject to these Terms define the Customer's rights to use Absolute Soft System Apps Products and/or Services[cite: 81]. Upon payment of the agreed Fee, the Customer shall be granted such use rights[cite: 82]. Title in and to the Products and Services, and all other rights (publication, reproduction, processing, translation) shall be retained entirely by Absolute Soft System Apps[cite: 85].

After an agreement has been withdrawn, rescinded or terminated, the Customer's License shall automatically terminate, and Customer shall have no further right of Access or use[cite: 86]. The Customer shall receive no further Updates/Upgrades [cite: 87] and must dispose of all Software, original data media, and backup copies stored on its computer system[cite: 88]. Absolute Soft System Apps may demand written confirmation declaring full deletion[cite: 89].

Software has a specific product lifecycle that governs operating system compatibility and support terms[cite: 90]. The product lifecycle constitutes an integral part of the relevant agreement and is published on www.absolutestoreindia.com[cite: 92].

The Software must not be reproduced, transferred, or decompiled unless permitted by the EULA or by law[cite: 94]. If the Customer wishes to reverse engineer or decompile the software for legal interoperability purposes, they must contact Absolute Soft System Apps first[cite: 95]. If Absolute Soft System Apps supplies the necessary interoperability information without undue delay, the Customer shall not be entitled to decompile the Software[cite: 96].

7. Special provisions for Resellers

If Products and/or Services are provided to a Reseller, the Reseller may transfer the License to a third party[cite: 105]. In the event of a resale, the serial numbers issued by Absolute Soft System Apps (e.g., License numbers, OTCs, or Logins) shall be stated in the invoice[cite: 106].

The Reseller shall not grant to its Customers any rights that are different from or greater than those permitted under these Terms, a EULA, and/or an SLA[cite: 109]. The Reseller shall not reproduce the Products/Services in whole or in part, including for backup purposes[cite: 110].

LIQUIDATED DAMAGES INDEMNITY CLAUSE:
The parties acknowledge that damages from a breach of this clause by Reseller are difficult to determine or quantify[cite: 111]. Therefore, for each breach of the provisions of this section, and without prejudice to Absolute Soft System Apps’s right to seek other remedies at law or in equity, the Reseller shall pay to Absolute Soft System Apps liquidated damages in the amount of USD 20,000[cite: 112]. Such liquidated damages will be set off against any other damage awards resulting from the breach[cite: 114].

8. Delivery Conditions & Risk Transfer

Absolute Soft System Apps delivery obligations are governed by the order confirmation, these Terms, and the applicable EULA/SLA[cite: 121]. Partial deliveries are permitted where reasonable and not significantly impairing Customer interests[cite: 122]. Absolute Soft System Apps reserves the right to make technical changes which enhance operability and performance or which are necessary for functionality[cite: 124].

Should Products/Services be replaced by new lines that perform equally or better, Absolute Soft System Apps has the right to deliver such new versions instead of the ordered ones[cite: 129, 132].

If shipped at the Customer's request, the risk for damage and loss passes to the Customer upon release for shipment[cite: 133]. For downloads, risk passes as soon as the Customer receives the necessary Software Key[cite: 134]. If delivery is prevented by force majeure, strikes, lock-outs, or internet connection outages, either party may rescind the agreement upon ten (10) days written notice[cite: 137].

9. Remuneration and Payment Terms

Unless agreed otherwise, Fees are net free place of shipment, and all packaging, transport, insurance, and statutory value-added tax (VAT) shall be paid by the Customer[cite: 143]. Payments are due immediately without deductions[cite: 144].

If the Customer defaults on payments, Absolute Soft System Apps may demand statutory default interest [cite: 145] and withhold all deliveries, including security-critical Updates and Upgrades[cite: 163]. The Customer should carefully note that failure to install Updates may impair the protective functions of the Software[cite: 164].

The Customer may only set off against claims of Absolute Soft System Apps if the counterclaims are uncontested or confirmed in a final and binding judgment[cite: 165].

10. Customer's Duties and Responsibilities

Proper use of the Software requires the installation of all Updates/Upgrades[cite: 174]. If not updated, protection against computer viruses and malware may be materially impaired; updating remains the Customer's sole responsibility[cite: 175, 176]. The setup of functional hardware, compatible software environments, and regular complete data backups are the sole responsibility of the Customer[cite: 179, 180].

The Customer must notify Absolute Soft System Apps without undue delay of any changes to their email address or contact information to ensure delivery of security-relevant information[cite: 186]. Absolute Soft System Apps shall not be liable for any damages resulting from a failure to provide this notification[cite: 187].

11. Warranty and Limitations of Liability

Absolute Soft System Apps does not warrant that the Products and Services will be fit for any particular purpose[cite: 196]. The Customer understands that program errors cannot be excluded with complete certainty and it is impossible to develop software that detects all existing viruses or malware[cite: 197, 198]. Failure to install updates or upgrades will void all warranties[cite: 199].

The Products must not be used in high-risk pursuits requiring permanent, error-free operations where failure could cause harm to life, health, environment, or heavy property damage (e.g., nuclear facilities, weapon systems, life support, aviation systems)[cite: 201].

No warranty is provided for Apps Freeware or Shareware provided free of charge[cite: 221, 222]. In no event shall any Customer be entitled to access or demand access to the source code[cite: 225].

LIMITATION OF LIABILITY: Absolute Soft System Apps shall only be liable for damages resulting from grossly negligent or intentional behavior, and liability shall be strictly limited to any amounts paid to Absolute Soft System Apps by the Customer during the twelve (12) months immediately preceding the claim[cite: 236].

12. Retention of Title & Miscellaneous provisions

Absolute Soft System Apps retains title in all Products and goods until full payment is received[cite: 239]. If the Customer sells the products before paying the fee, the receivables from the resale are automatically assigned to Absolute Soft System Apps[cite: 242]. The Customer's license to use the apps lapses immediately upon a demand for return of the product[cite: 291].

Should any provision of these Terms be or become invalid, ineffective or unenforceable, the remaining provisions of these Terms shall remain entirely valid and enforceable[cite: 293].