End User License Agreement - Guard App

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA“) governs your use of the JaGaApp Guard and its associated upgrades, patches, and updates and related services (collectively as “JaGaApp Guard“) currently provided or which will be provided by RED IDEAS SDN BHD (Comp Registration No.: 201301019072/ 1048902-M) and INTELLECTUAL PROPERTY REGISTER PTE LTD (Comp Registration No.: 201437953N), or any one of its subsidiaries or affiliated companies, if any (collectively referred to as “RISB“).

This EULA sets out the basis on which RISB makes the JaGaApp Guard available to you (“User” or “You“) and on which You may use them. RISB’s Privacy Policy and Terms of Use form an integral part of this EULA. By installing or using the JaGaApp Guard, You hereby agree to accept and to be bound by this EULA, the Terms of Use and the Privacy Policy at all time. If you do not agree with one of these, please do not install or use the JaGaApp Guard.

This EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this EULA conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

RISB reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 8.

1.0 GRANT OF LICENSE

1.1 RISB grants You a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable and non-assignable license to install and/or use the JaGaApp Guard (in whole or in part), for such time until either You or RISB terminates this EULA. You must in no event use, nor allow others to use the JaGaApp Guard without obtaining a licence to do so from RISB. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the JaGaApp Guard on certain hardware. THIS JAGAAPP GUARD IS LICENSED TO YOU, NOT SOLD. As applicable, certain parts of the JaGaApp Guard service may be using third party features, some of which are managed by third-party providers for which additional terms may apply.

1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the JaGaApp Guard or any of its parts commercially: (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this JaGaApp Guard, in whole or in part: (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this JaGaApp Guard; and (iv) export or re-export this JaGaApp Guard or any copy of adaptation in violation of any applicable laws or regulations.

1.3 While using the JaGaApp Guard, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the JaGaApp Guard which are not meant to be exhaustive and can be modified at any time by RISB. In all cases, You may only use the JaGaApp Guard according to anticipated use of the JaGaApp Guard.

1.4 For example purposes, and without limiting RISB’s rights to take action against You, You may not:

a. create, use, share and/or publish by any means in relation to the JaGaApp Guard any material text, words, images, sounds, videos, etc which would breach of a duty of confidentiality, infringe any Intellectual Property right or an individual’s right to privacy or which would incite the committing of an unlawful act in particular, piracy, cracking or circulation of counterfeit software;

b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the JaGaApp Guard, or their accessibility to other users, or the functioning of the partner networks of the JaGaApp Guard, or attempt to do any of the above;

c. decompile or disassemble the JaGaApp Guard, whether in the whole or in part and not attempt to do such things;

d. reverse engineer or access the JaGaApp Guard application in order to (i) build a competitive product or service; or (i) build or develop a product using similar ideas, features, functions or graphics of the JaGaApp Guard; or (ii) copy any ideas, features, functions or graphics of the JaGaApp Guard;

e. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the JaGaApp Guard, and/or organise, participate in or be involved in any way in an attack on RISB’s servers and/or the JaGaApp Guard and/or those of its service providers and partners;

f. create, supply or use alternative methods of using the JaGaApp Guard, for example server emulators;

g. transmitting or communicating any material or content which, in the sole and exclusive discretion of RISB, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

h. harassing or threatening any other users in the JaGaApp Guard;

i. make inappropriate use of the help service or the emergency assist or send untruthful reports to RISB’s personnel; and/ or

j. falsely claim to be an employee or representative of RISB or its partners and/or agents.

2.0 OWNERSHIP

All title, ownership rights and Intellectual Property rights in and to the JaGaApp Guard (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the JaGaApp Guard, individually or in combination) and any and all copies thereof are owned by RISB, its affiliates and/or subsidiaries. The JaGaApp Guard is protected by copyright, trade dress, patent, and trademark laws of Malaysia, Singapore, Indonesia and/or any other relevant jurisdictions, international conventions, and all other relevant Intellectual Property and proprietary rights, and applicable laws. RISB also reserve all rights not expressly granted in this EULA. This JaGaApp Guard may contain certain licensed materials and, in that event, RISB may protect their rights in the event of any violation of this EULA. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without RISB’s prior permission. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved. This license confers no title or ownership in the JaGaApp Guard and should not be construed as a sale of any rights in the JaGaApp Guard.

3.0 ACCESS TO THE JAGAAPP GUARD

3.1 JAGAAPP GUARD ACCESS AND SERVICES

a. To use the JaGaApp Guard, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the JaGaApp Guard, the response time or access to certain features may depend on the capacities of Your mobile terminal and communication network. RISB, its affiliates and/or subsidiaries (if any) may in no case be held responsible for reduced User comfort.

b. Certain features of the JaGaApp Guard may require the use of location data sent by Your mobile device, on which the JaGaApp Guard is installed and activated in order to provide location-based services (“Location-based Services”). To access these Location-based Services, you must enable the appropriate location services settings on Your mobile device,

c. JaGaApp Guard may provide You with a range of features (some of which may be subjected to additional costs), including but not limited to:
i. Emergency Assist;
ii. Patrolling;
iii. Profile display;
iv. Incident Report;
v. Intercom;
vi. Visitors; and
vii. History Logs.

3.2 MOBILE DEVICE SETTINGS AND UNINSTALL PROCEDURES. As part of the installation process of the JaGaApp Guard. You may be changing your mobile device settings. By using and accessing the JaGaApp Guard, You agree that you have approved of such changes which include, without limitation, to allowing software updates of the JaGaApp Guard once a new version is released and show notifications from the JaGaApp Guard; and allowing RISB’s access to location-based information. To uninstall the JaGaApp Guard, You may use the standard uninstall procedures offered by Your mobile device’s operating system.
3.3 COLLECTION OF PERSONAL DATA. In order to provide you with a better user experience, adapted services and JaGaApp Guard support, RISB may collect and store Data about You in relation to your use of the JaGaApp Guard, Your connection information and/or Your visit. Certain Data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to RISB and RISB will not reveal Your Personal Data to third parties except when expressly authorised by You to do so or in accordance to RISB Privacy Policy or in special circumstances. RISB may be under a duty to disclose or share Your Personal Data in order to comply with a legal obligation, or in order to protect RISB’s rights and those of other users and third parties. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, RISB reserves the right to collect, store and use anonymous data about You. For further information concerning RISB’s use of Your Personal Data, please refer to the Privacy Policy.
3.4 ANALYTICS TOOLS. RISB may collect information concerning Your use of the RISB which may contain the following, without limitation, mobile device unique identity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the said RISB, click statistics, feature usage, purchase history and other similar information. The analytics tools may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information. Standing alone, this information is not personal data, however, if RISB combines any of this information with Personal Data, RISB will treat this information as Personal Data pursuant to our Privacy Policy.

4.0 REPRESENTATIONS AND WARRANTIES

By using and/or accessing the JaGaApp Guard, You hereby acknowledge and agree (expressly warrant, represent, covenant and certify) that:

a. You will only use the JaGaApp Guard for lawful purposes;

b. You will only use the JaGaApp Guard for the purpose for which it is intended to be used;

c. Your use and access of the JaGaApp Guard are solely at your own risk;

d. You will not use the JaGaApp Guard to cause nuisance, annoyance, inconvenience or make fake activations of the Emergency Assist function;

e. You will not impair the proper operation of the network used to provide the JaGaApp Guard by any means whatsoever;

f. You will not copy or distribute any part of the JaGaApp Guard or other related content without the written permission of RISB;

g. You will only use the JaGaApp Guard for your own personal use and will not resell it or lease any part of its features and/or functions to a third party;

h. You will keep secure and confidential Your account password or any identification which allows access to the JaGaApp Guard;

i. You agree that the JaGaApp Guard is provided on an “as is”, “as available” and “reasonable effort” basis only and RISB does not guarantee that any or all parts of the JaGaApp Guard will be able to satisfy and meet your requirements;

j. All information that you provide to RISB is true, complete and accurate. You agree that RISB will not be held responsible for any failure of a feature or function of the JaGaApp Guard which may result from any inadvertence or mistake on Your part to provide accurate or complete relevant information (for example, the failure to include the appropriate international dialing codes for overseas mobile numbers or wrong address). You acknowledge that if your information is incorrect, inaccurate, not current or incomplete in any respect, RISB has the right but not the obligation to terminate this EULA and Your use of the JaGaApp Guard at any time with or without notice;

k. You will follow all instructions and documentation, if any, provided by RISB to you in relation to the proper use of the JaGaApp Guard;

l. You acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with Your use of the JaGaApp Guard, such as your mobile or wireless service provider’s fees, and that you are solely responsible for the payment of any and all such fees;

m. You consent to the collection, use, sharing and/or transfer of your personally identifiable information, including the transfer and processing of your information, as outlined in the Privacy Policy;

n. You shall not allow any other party to access the JaGaApp Guard and alter, change or modify any of the information and/or settings without Your express authorization; and

o. If you are using the JaGaApp Guard on an iOS product, you agree to and acknowledge the “Notice Regarding Apple” below.

5.0 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

You expressly acknowledge that use of the JaGaApp Guard is at your own risk. To the fullest extent permissible under applicable law, the JaGaApp Guard is supplied on an “as is”, “as available” and “as reasonable” basis. RISB, its affiliates and/or subsidiaries (if any) do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to (a) its conformity, accuracy, currentness, completeness, reliability or security: (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; or (d) Your satisfaction of any information or features available through the JaGaApp Guard, or the quality or consistency of the JaGaApp Guard. RISB does not warrant that the JaGaApp Guard will be uninterrupted or error-free; that defects will be corrected; that any information displayed or distributed through the JaGaApp Guard or in the documentation will be accurate or complete, or that the JaGaApp Guard is free of errors, viruses, bugs, malware or other harmful or defect components. You assume all responsibility for selecting the JaGaApp Guard to achieve your intended results, and for the installation of, use of, and results obtained from the JaGaApp Guard. To the fullest extent permissible under applicable law, in no event will RISB, its affiliates and/or subsidiaries (if any) be liable for loss or damage suffered in connection with the use of the JaGaApp Guard or any related third party service. This includes without limitation, all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, direct loss: accidental loss; incidental loss; consequential loss; and indirect loss, arising out of or in connection with Your access or use of, or inability to access or use of the JaGaApp Guard and any information available therefrom, even if RISB has been advised of the possibility of such liability, and notwithstanding any failure of essential purpose of any limited remedy. In no event will RISB’s total cumulative liability arising from or related to Your use of the JaGaApp Guard, whether in contract or tort, exceed Ringgit Malaysia Five (RM5.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Further, RISB shall not be liable for failing to perform any of its obligations which may result from any condition beyond its reasonable control, including but not limited to, domain name server issues, labour strikes or shortages, riots, insurrection, fire, flood or other acts of God, communication or power failures, lost or unavailable network connections, incomplete or delayed computer transmissions, or internet disturbances. You acknowledge and agree that the entire risk arising out of Your use of the JaGaApp Guard remains solely and absolutely with you and you shall have no recourse whatsoever against RISB, its affiliates and/or subsidiaries.

6.0 INDEMNIFICATION

You are solely responsible for any damage caused to RISB, its affiliates and/or subsidiaries (if any), other users of the JaGaApp Guard or any other individual or legal entity as a result of Your violation of this EULA. You hereby agree to defend, indemnify and keep indemnified RISB and its affiliates, officers, directors, employees, agents, business partners and licensors against any and all claims, actions, suits, losses, proceedings, and all related liabilities, damages, settlements, penalties, costs or expenses (including, but not limited to reasonable attorneys’ fees and other dispute resolution expenses) incurred by RISB directly or indirectly attributable to Your fault and/or resulting from (a) a violation of any provision of this EULA; or (b) your use or misuse of the JaGaApp Guard.

7.0 TERM AND TERMINATION

The EULA is effective from the earlier of the date You download or use the JaGaApp Guard, until terminated according to its terms. You and/ or RISB may terminate this EULA, at any time, for any reasons in the following manners. You may terminate the EULA by uninstalling and discontinuing Your use of the JaGaApp Guard. Termination by RISB will be effective upon (a) notice to You; or (b) termination of your account (if any); or (c) at the time of RISB’s decision to discontinue offering and/or supporting the JaGaApp Guard. All rights and licenses granted to You under this EULA will terminate immediately upon your breach of the EULA. Upon termination for any reason, You must immediately uninstall the JaGaApp Guard.

Sections entitled Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification and Miscellaneous shall survive any termination of this EULA.

8.0 CHANGES TO THIS EULA OR TO THE JAGAAPP GUARD

RISB reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You can review the most current version of this EULA by clicking on the EULA link located on the JaGaApp Guard. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA. You may terminate this EULA in accordance with Section 7 and must immediately uninstall the JaGaApp Guard. Your continued use of the JaGaApp Guard following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
RISB may modify the JaGaApp Guard for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the JaGaApp Guard. You agree that the JaGaApp Guard may install or download the modifications automatically. You agree that RISB may stop to support previous versions of the JaGaApp Guard upon availability of an updated version.

9.0 MISCELLANEOUS

9.1 This EULA, the terms of use and all policies referenced herein (if any) constitute the entire agreement between RISB and you concerning the subject matter hereof.

9.2 The section titles in this EULA are provided solely for convenience and have no legal or contractual significance

9.3 This EULA shall be governed by and interpreted under the laws of Malaysia regardless of your country of origin or where you use and/or access the JaGaApp Guard. All actions relating to this EULA and the JaGaApp Guard shall be brought in a court of competent jurisdiction in Malaysia.

9.4 The failure of either party to enforce any rights granted under this EULA or to take action against the other party in the event of any breach of this EULA shall not be deemed a w as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

9.5 If for any reason a court of competent jurisdiction finds any provision of this EULA or any portion of it to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible and the remainder of this EULA shall continue in full force and effect.

9.6 You may not assign your rights under this EULA to any party without RISB’s consent in writing.

10.0 NOTICE REGARDING APPLE

You acknowledge that this EULA is between you and RISB only, not with Apple Inc. (“Apple”), and Apple is not responsible for the JaGaApp Guard and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the JaGaApp Guard. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the JaGaApp Guard. Apple is not responsible for addressing any claims by you or any third party relating to the JaGaApp Guard or your use and/or access of the JaGaApp Guard, including, but not limited to product liability claims; (i) any claim that the JaGaApp Guard fails to conform to any applicable legal or regulatory requirement: and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party’s claim that your use and access of the JaGaApp Guard infringe that third party’s intellectual property rights. You agree to comply with any applicable third party’s terms, when using and accessing the JaGaApp Guard. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party’s beneficiary of this EULA.

Last Updated: 27th September 2022