Terms of Use
Please read these Terms before using the software platform operated by PhoneSell Pro (“we”, “the Service Provider”). By opening an account, accessing the panel or using our apps, you agree to these Terms.
1. Definitions
- Platform — our web panel, mobile apps and the related APIs.
- Shop — a business that opens an account in its own name and uses the Platform.
- Dealer — a business that purchases lock-credits from us and supplies them to shops.
- Customer — a buyer from a shop who purchases a phone on installments.
- Lock-Credit — a software licence unit for activating one device.
2. Account
- The information provided when opening an account must be true and up to date.
- The shop is solely responsible for the account's passwords and PINs and for its staff's access. All actions performed from your account will be deemed to be yours.
- The shop must conduct its business with a valid trade licence and all applicable approvals.
- If you suspect unauthorised access, you must notify us without delay.
3. Free Trial and Packages
- A new shop receives a 14 (fourteen) day free trial, during which all modules are open.
- If no package is purchased at the end of the trial, access to the panel will be restricted to the billing page only.
- Package prices, limits (branches/users) and included modules are displayed on the billing page. At least 30 days' notice will be given of any price change.
- Stated prices are exclusive of VAT; applicable taxes and gateway charges may be added separately.
4. Lock-Credits
A lock-credit is a software licence unit — it is not goods, not electronic money (e-money), not an investment and is not convertible into cash. Details are in the Credit and Refund Policy.
- One credit is consumed when the agreement for one device is activated.
- Credits are non-refundable and non-transferable; resale outside the Platform is prohibited.
- We may correct any credits allocated by mistake.
5. Conditions for Use of the Device Locker
This is the most important part of this agreement. The locker is a powerful tool — its misuse creates legal liability for both the shop and us.
- Before installing control software on any phone, the shop must obtain the customer's written consent. The consent section of the installment agreement we provide is supplied for this purpose and may not be deleted or altered.
- The lock may be used only for overdue installments or for the security reasons stated in the agreement — not for any other dues, personal disputes or to apply pressure.
- Once the dues are paid, the shop is obliged to unlock without delay and, after full payment, to remove the software within 7 working days and return full control of the phone to the customer.
- Under no circumstances may the ability to call emergency services (999) be blocked while the phone is locked.
- Full details are in the Acceptable Use Policy, which forms an integral part of these Terms.
6. The Shop Is Responsible for Customer Data
The shop collects the customer's name, NID, photograph, guarantor information and device information; the shop is the controller of this data. We store and process that data solely as a processor on the shop's instructions. The shop shall ensure that—
- the necessary consent has been obtained from every customer;
- NID or personal data will be used only for the purposes of the agreement and will not be given or sold to any third party;
- staff access will be limited according to need.
Details are in the Privacy Policy.
7. Prohibited Use
- Using the Platform for any activity that is unlawful, fraudulent or infringes the rights of others.
- Reverse engineering or decompiling the source code, or making unauthorised copies.
- Distributing or modifying our apps outside official channels.
- Security testing of the system, automated scraping or creating excessive load (without written permission).
- Assisting in IMEI alteration or illegal device transactions.
8. Service Availability
We make reasonable efforts to keep the service running, but we do not guarantee uninterrupted availability. The service may be temporarily suspended for maintenance, subject to prior notice. We are not liable for disruptions caused by the internet, mobile networks, payment gateways or changes made by device manufacturers.
9. Intellectual Property
All intellectual property in the Platform, its code, design, brand and documentation belongs to us. The right of use is limited, non-exclusive and non-transferable, and remains in force only while the account is active. Ownership of your own data remains with you.
10. Liability and Limitation of Liability
- The Platform is provided on an “as is” basis. The device lock is a deterrent measure — it is not one hundred per cent impenetrable, and it may be rendered ineffective by hardware/firmware-level attacks.
- We are not liable for losses arising from non-recovery of installments, loss of phones, customer fraud or the shop's decisions.
- Under no circumstances shall we be liable for indirect, incidental or consequential losses (loss of profit, loss of reputation).
- Our total liability shall in no event exceed the fees paid by you in the 12 (twelve) months preceding the claim.
11. Indemnity
If any claim, lawsuit or penalty is brought against us by reason of a breach by you (or your staff) of these Terms or the Acceptable Use Policy, locking a device without consent, or misuse of customer data, you shall bear the entire liability and indemnify us in full.
12. Suspension and Termination
- The account may be restricted if bills are outstanding.
- The account may be closed immediately if a breach of the Acceptable Use Policy is proven, in particular locking without consent or harassment of customers.
- Even if the account is closed, liability under your ongoing agreements with customers shall remain with you; we may take the necessary measures to ensure that customers' phones do not remain stuck in a locked state without cause.
- You may request closure of your account at any time; you will be given the opportunity to export your data before closure.
13. Changes to the Terms
When the Terms are updated, the version number will change and your consent will be requested again when you access the panel. At least 30 days' notice will be given of significant changes.
14. Governing Law and Dispute Resolution
These Terms shall be governed by the laws in force in Bangladesh. If a dispute arises, an attempt shall first be made to resolve it through negotiation for 30 (thirty) days; failing that, it shall be resolved by arbitration in ঢাকা under the Arbitration Act, 2001, or under the jurisdiction of the competent courts of ঢাকা, বাংলাদেশ.
15. Contact
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Email: support@phonesellpro.com