Terms & Conditions

By agreeing to these Terms, you expressly acknowledge, understand and agree that the following documents are incorporated into and form an integral part of this agreement:

• The Zimperium Mobile Threat Defense End User Licence Agreement, service terms and/or applicable usage conditions (“Zimperium Terms”);
• The NTT DATA Payment Services Privacy Notice available at https://my.nttdatapay.com/en/privacy-notice;
• The Vigilant Asia Privacy Policy (including PDPA disclosures); and
• Any additional policies, notices or terms published on this website from time to time.

You agree that your acceptance of these Terms constitutes a full and binding acceptance of all incorporated terms, whether or not separately signed or clicked, and that such incorporated terms shall have contractual effect between you, Vigilant Asia and the relevant third-party providers.

You acknowledge that:

• Zimperium is the underlying technology provider of the Service; and
• NTT DATA Payment Services is the payment processing provider for transactions conducted through the Service.

You further acknowledge that NTT DATA Payment Services facilitates payment transactions through supported payment methods, including internet banking, debit cards, credit cards and electronic wallets, and that payment transactions are subject to the applicable operational, security and compliance requirements imposed by NTT DATA Payment Services and participating financial institutions.

You further acknowledge and agree that, as the underlying technology provider, Zimperium, Inc.’s End User License Agreement (“Zimperium EULA”), available at https://zimperium.com/zimperium-eula/, governs your right to install and use the Zimperium Mobile Threat Defense software, and that the relevant terms of the Zimperium EULA are reproduced or summarised in Clause 3A below and are binding on you as an end user of that software, in addition to these Terms.

You must be at least 18 years old and have legal capacity to enter into binding agreements.

If you are purchasing on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.

The Service is a subscription-based mobile cybersecurity solution powered by third-party technology, including Zimperium Mobile Threat Defense.

You acknowledge and agree that the Service is dependent on third-party systems, infrastructure and technologies, including but not limited to:

• Zimperium security platform and threat intelligence systems;
• NTT DATA Payment Services payment processing infrastructure;
• cloud hosting providers; and
• analytics and marketing platforms.

Vigilant Asia does not own, control or guarantee the continuous availability, performance or functionality of any third-party systems.

We shall not be liable for any disruption, limitation, modification or failure of the Service arising from third-party systems.

The Zimperium Mobile Threat Defense software (the “Zimperium Software”) is licensed to you, not sold, and your use of it is additionally governed by Zimperium, Inc.’s End User License Agreement (the “Zimperium EULA”), available at https://zimperium.com/zimperium-eula/, as may be updated by Zimperium from time to time. The following key terms from the Zimperium EULA apply to you directly:

3A.1 Licence Grant and Permitted Use

Zimperium grants you a non-exclusive, non-transferable licence to install and use the Zimperium Software on each device for which a valid licence has been issued through your subscription to the Service (each, an “Authorised Device”), solely for your own personal use during your subscription period. This licence is conditional on your timely payment of subscription fees to Vigilant Asia.

3A.2 Prohibited Uses

You agree that the Zimperium Software may only be used to evaluate, manage and protect the security of mobile devices that you own or control. You must not:

• use the Zimperium Software to attack, probe, assess the security of, or interfere with any third party’s network, device or system without that party’s express authorisation;
• copy, modify, distribute, sublicense, lease, rent or otherwise transfer the Zimperium Software to any third party;
• decompile, reverse-engineer or disassemble the Zimperium Software, or create derivative works from it;
• disclose any vulnerability discovered through use of the Zimperium Software, except in accordance with industry-accepted responsible disclosure practices; or
• use the Zimperium Software for any unlawful purpose or in any manner inconsistent with Zimperium’s documentation.

You acknowledge that any reports or documentation generated by the Zimperium Software are confidential and remain the property of Zimperium, and may not be copied, used or disclosed except as permitted under the Zimperium EULA.

3A.3 Ownership and Feedback

Zimperium and its licensors retain sole and exclusive ownership of the Zimperium Software and all related intellectual property rights. If you provide Zimperium or Vigilant Asia with any suggestions or feedback regarding the Zimperium Software, you agree that such feedback becomes the exclusive property of Zimperium, which may use it without compensation to you.

3A.4 Zimperium’s Own Disclaimers and Liability Limits

You acknowledge that, under the Zimperium EULA, the Zimperium Software is provided on an “as is” and “as available” basis, and Zimperium disclaims all warranties to the fullest extent permitted by law, including any warranty that the Zimperium Software will detect or prevent all security threats, or operate on an uninterrupted or error-free basis. Zimperium’s total liability to end users under the Zimperium EULA is separately limited and capped, and Zimperium excludes liability for indirect, incidental or consequential damages arising from use of the Zimperium Software. This is in addition to, and does not replace, the limitation of liability of Vigilant Asia set out in Clause 13 of these Terms.

3A.5 Software Updates and Discontinuation

You acknowledge that Zimperium may modify, update or discontinue features of the Zimperium Software from time to time, including pushing updates to your Authorised Device, and that such changes may occur without prior notice to you. Vigilant Asia will use reasonable efforts to notify you of any change that materially affects the Service, but is not responsible for Zimperium’s product roadmap or update schedule.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account.

You agree to:

• provide accurate information;
• maintain device compatibility;
• use the Service only for lawful purposes; and
• not reverse engineer, interfere with or misuse the Service.

Service activation occurs upon successful payment and provisioning via third-party systems.

You acknowledge that activation may be delayed due to:

• third-party processing time;
• verification requirements; or
• technical limitations outside our control.

We do not guarantee uninterrupted or immediate availability of the Service.

The Service is provided on a subscription basis.

Fees, billing cycles and plan details are displayed at checkout and may be updated for future billing periods.

Your subscription begins upon successful payment confirmation and activation of the Service.

All payments are processed by NTT DATA Payment Services or other authorised third-party payment service providers.

By completing a transaction, you acknowledge and agree that:

• payment processing is conducted solely by third-party providers;
• Vigilant Asia does not store full card or banking details;
• transactions are subject to the operational, security and compliance requirements of NTT DATA Payment Services and participating financial institutions;
• you are responsible for ensuring that your selected payment method remains valid, active and capable of completing the transaction;
• failed payments resulting from insufficient funds, expired cards, payment restrictions, inaccurate payment information or circumstances beyond the control of Vigilant Asia may result in delayed activation, suspension or non-provision of the Service; and
• Vigilant Asia is not responsible for payment processing errors, delays, charge failures, banking system interruptions, power outages, network failures, security incidents or other events arising from third-party payment systems or financial institutions.

You acknowledge that payment processing services are provided by NTT DATA Payment Services and participating financial institutions, and that transaction records, payment notifications and payment descriptions appearing on your account or card statement may reference NTT DATA Payment Services, iPay88, Adaptis, or affiliated payment processing services.

Any disputes relating to payment processing, charge authorisation, card acceptance, banking restrictions or payment gateway functionality shall be subject to the applicable requirements of the relevant payment provider and financial institution.

Vigilant Asia reserves the right to suspend, reject or cancel any order or transaction where payment authorisation cannot be obtained, payment verification requirements are not met, fraud is suspected, or where required by law, a payment provider or a financial institution.

Vigilant Asia processes personal data in accordance with the Malaysian Personal Data Protection Act 2010 (“PDPA”).

By agreeing to these Terms, you expressly and unambiguously consent to:

8.1 Personal Data Processing

The collection, use, processing and disclosure of your personal data as described in the Privacy Policy, including for:

• account creation and management;
• subscription and billing administration;
• customer support and service delivery; and
• legal and compliance obligations.

8.2 Device and Security Data Processing

The collection and processing of device-level, application-level, network-level and security-related data, including threat intelligence data, required for the Service to function.

You acknowledge that without such processing, the Service may not operate effectively or at all.

8.2A What Zimperium Specifically Collects (“Device Data” and “Forensic Data”)

You specifically acknowledge and agree that the Zimperium Software collects certain technical data from your Authorised Device necessary for it to function (“Device Data”), which may include:

• the manufacturer, model, and technical settings (e.g. display size, firmware version) of your device;
• your device’s IP address, which can indicate your country and approximate location;
• your wireless carrier, and operating system type and version;
• configuration data, such as whether your device has been rooted or jailbroken;
• metadata of applications installed on your device (such as app name and version);
• metadata about networks your device connects to (such as network name and MAC address); and
• in certain circumstances, a copy of an application or diagnostic file, or filenames of documents, identified as a potential security risk.

If a security threat is detected, the Zimperium Software may additionally collect “Forensic Data” about the attacker or threat, which may include the location of your device at the time of the incident and identifying information about the suspected malicious app or network.

You consent to Zimperium’s collection, transmission, storage and processing of this Device Data and Forensic Data to provide threat detection functionality, and acknowledge that this data may be transmitted to and processed in the United States, Europe, or other jurisdictions outside Malaysia by Zimperium as the underlying technology provider, in addition to any processing by Vigilant Asia described in Clause 8.4 below.

Zimperium has stated that the Zimperium Software does not require personally identifiable information to function, and does not access or read the content of your personal messages, photos or files. However, you acknowledge that the technical and device-level data described above is still personal data under the PDPA and is processed as set out in this Clause 8.

8.3 Third-Party Data Sharing

You consent to the sharing of your data with authorised third parties, including:

• Zimperium (security technology provider);
• NTT DATA Payment Services (payment processor);
• cloud infrastructure providers; and
• analytics and marketing platforms.

8.4 Cross-Border and Technical Processing

Where applicable, data may be processed or stored outside Malaysia by third-party service providers.

You acknowledge and agree that the website uses cookies, pixels and similar technologies, including but not limited to:

• Google Analytics
• Google Ads conversion tracking
• Meta (Facebook) Pixel
• remarketing and audience segmentation tools

These technologies may collect:

• browsing behaviour
• device identifiers
• interaction and conversion data
• marketing attribution data

Such data is used for analytics, performance measurement, advertising optimisation and retargeting campaigns.

By using the Service and agreeing to these Terms, you consent to the use of such technologies.

While the Service is designed to enhance mobile security, no cybersecurity solution can guarantee complete protection.

We do not warrant that the Service will:

• detect all threats or malware;
• prevent all cyberattacks; or
• eliminate all vulnerabilities.

You acknowledge that cybersecurity risk is inherent and cannot be fully eliminated.

10A. Zimperium’s “As Is” Disclaimer

You further acknowledge that, as stated in the Zimperium EULA, the Zimperium Software is provided “as is” and “as available”, and Zimperium disclaims, to the fullest extent permitted by law, all warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Zimperium does not warrant that its software will meet your requirements, detect or prevent all security threats, or operate on an uninterrupted, secure or error-free basis.

Refunds are governed exclusively by our Refund Policy, which forms part of these Terms.

By accepting these Terms, you confirm that you have read and agreed to the Refund Policy.

All intellectual property rights in the Service remain the property of Vigilant Asia, Zimperium or their licensors.

Specifically, the Zimperium Software, and all related intellectual property rights, copyrights, patents and trademarks, remain the sole and exclusive property of Zimperium, Inc. and its licensors. You receive only a limited licence to use the Zimperium Software as set out in Clause 3A, and no ownership rights are transferred to you.

To the maximum extent permitted by law, Vigilant Asia shall not be liable for any indirect, incidental, consequential or punitive damages, including but not limited to:

• loss of data or device integrity;
• cybersecurity incidents or breaches;
• loss of revenue, business or profits;
• system downtime or service interruption;
• failures or errors caused by third-party systems.

In all circumstances, our total aggregate liability shall not exceed the amount paid by you for the Service in the twelve (12) months preceding the claim.

You agree to indemnify and hold harmless Vigilant Asia against any claims arising from:

• your use of the Service;
• breach of these Terms; or
• violation of applicable laws or third-party rights.

14A. Indemnity Extends to Zimperium

For the avoidance of doubt, the indemnity in Clause 14 extends to and is also given for the benefit of Zimperium, Inc., and you agree to indemnify and hold harmless both Vigilant Asia and Zimperium against any claims, liabilities, costs or expenses arising from your unauthorised or unlawful use of the Zimperium Software, or any breach of Clause 3A of these Terms.

We may suspend or terminate your access to the Service immediately if:

• you breach these Terms;
• fraud or abuse is suspected;
• payment obligations are not met; or
• required by law or third-party providers.

Upon suspension, expiry or termination of your subscription for any reason, your licence to use the Zimperium Software ends immediately, the Zimperium Software may cease to function, and you agree to promptly delete it from your device.

Vigilant Asia reserves the right to amend, update or modify these Terms, including any incorporated third-party terms, policies and payment processing requirements, at any time without prior notice.

The updated Terms will be published on this page and take effect immediately upon publication.

It is your responsibility to review these Terms regularly. Continued use of the Service constitutes acceptance of any revised Terms.

These Terms are governed by the laws of Malaysia.

Vigilant Asia Sdn. Bhd.
https://mobilesecurity.vigilantasia.com.my
info@vigilantasia.com