This End User License Agreement ("Agreement") constitutes a legally binding contract between you (either as an individual or on behalf of an entity) ("you") and Clario Tech DMCC, a company located in Jumeirah Lakes Towers, Dubai, UAE ("Company", "we", "us", or "our"). This Agreement governs your access to and use of the MacKeeper Premium Services ("Premium Services"), the Security Tech Care Service provided by Premium Services ("STC"), Performance Tech Care Services provided by Premium Services (“PTC”) and any other related products and services that refer to or link to these legal terms (collectively, the "Services").

Legal Capacity

BY ACCEPTING THIS AGREEMENT, YOU CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO AND FORMING CONTRACTS UNDER THE LAWS OF YOUR JURISDICTION. YOUR USE OF THE SERVICES, CLICKING “I AGREE,” “ACCEPT,” OR SIMILAR BUTTONS, INSTALLING THE SERVICES, OR OTHERWISE INDICATING YOUR CONSENT WILL BE DEEMED AN ACCEPTANCE OF THIS AGREEMENT AND ANY APPLICABLE RELATED POLICIES, INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY, AND REFUND POLICY (COLLECTIVELY, THE “LEGAL TERMS”). PLEASE REVIEW THESE LEGAL TERMS CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE LEGAL TERMS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY.

We may update or modify this Agreement at our sole discretion. Any changes will be reflected by updating the “Last Updated” date. By continuing to use the Services after such changes are posted, you accept and agree to the revised Agreement. It is your responsibility to review these terms regularly to stay informed of any updates.

IMPORTANT: This Agreement may be provided in multiple languages for convenience only. In the event of any divergence between the English version and any translated version, the English version shall prevail.

Age Requirement

By using the Services, you confirm that you are at least 18 years of age, meet the minimum age requirements under the laws of your jurisdiction, or have obtained the necessary parental or guardian consent. If we discover that we have inadvertently collected data from a minor without the required consent, we will take steps to delete it. If you believe this has occurred, please contact us at legal@weareclario.com.

1. License

The Company grants you a revocable, non-exclusive, non-transferable, and limited license to download, install, and use the Services strictly in accordance with the terms of this Agreement. You may only use the Services on a device that you own or control, and only as permitted by the terms and conditions of this Agreement. This license is granted solely for your personal, non-commercial use and must be used in strict compliance with the terms set forth in this Agreement.

You agree not to, and you will not permit others to, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Services or make the Services available to any third party. Additionally, you shall not remove, alter, or obscure any proprietary notices, including copyright or trademark notices, of the Company, its affiliates, partners, suppliers, or licensors of the Services.

2. Description of Services

2.1. Premium Services

When you purchase Premium Services, you are eligible for live tech specialist support available 24/7. The Premium Services cover a range of features, which include:

• Operating system installation and adjustment

• Data transfer

• Operating system updates

• Secure data backup

• Account management

• Security and privacy protection configuration

• Semiannual maintenance

• New Mac QuickStart setup

• Operating system setup and troubleshooting

• Drive space issues resolution

• Password troubleshooting

• Network connection troubleshooting

• iCloud issues troubleshooting

• Local network creation and troubleshooting

• Boot issues troubleshooting

• Battery power saving configuration

• Hardware setup and troubleshooting

• Peripheral device setup and troubleshooting

• App-related issues resolution

• Mailbox cleanup

• Software issues checkup and resolution

• Ad-free browsing configuration

• Browser optimization

• Personal tech expert consultation

• Tech coaching

Note. Premium Services are strictly limited to the list provided above and do not cover issues outside of this scope. For example, if an issue arises due to hardware failure, problems related to a vendor's operating system, application, or plugin, issues stemming from your internet service provider, or problems involving pirated software, those will not be resolved. Additionally, issues related to software that is no longer supported or has reached its end of life, or those requiring specific vendor expertise, are beyond the scope of Premium Services.

Our Services are not provided for devices with non-licensed, unauthorized, or unsupported operating systems.

2.2. Premium Services for Smart Home Devices

When you purchase Premium Services for Smart Home Devices, you are entitled to 24/7 live support for a variety of smart home devices, available year-round. This support includes:

• Initial setup of smart home devices

• Configuration of security and privacy settings for smart home devices

• Troubleshooting connectivity issues

• Troubleshooting and resolving problems with smart home devices

• Guiding the usage of smart home devices

The types of smart home devices covered include but are not limited to, vacuums and surface care devices (e.g., vacuum cleaners and window cleaners), kitchen appliances (e.g., kettles and cookers), air conditioning appliances (e.g., purifiers, humidifiers, and heaters), wearable electronics (e.g., smartwatches and smart bands), power supply devices (e.g., smart plugs and switches), lighting (e.g., smart bulbs), home security devices (e.g., doorbells, IP cameras, and locks), health and personal care devices (e.g., toothbrushes and scales), automotive devices (e.g., players, cameras, and GPS trackers), office supplies (e.g., printers and projectors), household appliances (e.g., laundry devices and thermostats), TV devices (e.g., TV boxes and remotes), and devices used for hobbies (e.g., drones, toys, and vehicles).

These services are available under the terms of this Agreement and are provided based on the Company’s capabilities and applicable law.

Minimum Technical and System Requirements:

To ensure proper service delivery, you must meet the following minimum technical and system requirements:

PC:

• Windows 10 or higher

• 4 GB RAM

• Dual-core processors

Mac: macOS 10.10 or higher

Android: Version 8.0 or higher

iOS: Version 9.0 or higher

Hardware Setup Requirements:

• Cable

• Original installation disc

2.3. Security Tech Care by Premium Services (“STC”)

Upon purchasing STC, you will receive access to general security technical support, similar to the Premium Services, but exclusively for macOS and iOS devices. You are entitled to 24/7 live support, available year-round.

Additionally, STC may include:

Assistance with Account Security & Privacy Settings:

• Setting up two-factor authentication

• Setting/changing/resetting account passwords

• Verifying existing account security settings

• Assisting with account recovery in case of a breach

• Checking for email address data leaks

Assistance with App Security & Privacy Settings:

• Installing/rolling back updates

• Verifying current app security settings

• Managing cookies in web browsers and other settings

• Blocking advertisements

• Installing antivirus software and performing antivirus scans

Assistance with System Security & Privacy Settings:

• Installing system updates

• Verifying/configuring the following:

• Bluetooth

• Airdrop

• FileVault

• Screen Saver / "Lock computer after 5 minutes idle"

• Sharing Settings

• Lockdown Mode

Assistance with Secure Internet Network Settings:

• Setting/changing/resetting network passwords

• Verifying devices connected to the network

• Configuring the firewall

• Installing/configuring a VPN

• Setting DNS and proxies

Assistance with Data on Your Device:

• Setting up data backup

• Encrypting data

• Providing consultations and answers to security and privacy-related questions

• Assisting with other security and privacy-related requests

2.4 Performance Tech Care by Premium Services (“PTC”)

2.4.1. Upon purchasing PTC, you will receive access to technical support for macOS and iOS. You are entitled to 24/7 live support, available year-round. As part of our Software and support services, we may perform certain diagnostic and optimization procedures to enhance your system’s functionality and resolve identified issues. These services may include the following categories and related actions:

Initial Performance Setup / Regular Fix

• Clearing caches

• Checking the hardware specifications

• Verification of available storage

• Battery power saving configuration

• Verification of CPU temperature

• CPU analysis and optimization of background system processes

• Analyzing RAM usage

• RAM testing

• System Snapshot removal

• Repair of file system permissions

• Disk utility diagnostics

• Verification of Self-Monitoring, Analysis, and Reporting Technology (S.M.A.R.T.)

• System fixes via the MacKeeper application

• Additional configuration of Spotlight

• Adware detection and removal

• Browser configuration optimization

• Ad-free browsing configuration

• Firewall configurations

• System settings and preferences configuration due to system performance troubleshooting

• Review of Time Machine backups

iOS Setup:

• Setup of advertisement-blocking app

• Backup and Update Installation

Geek on Demand Services:

• Managing requests submitted by you through the ZoomDiagnostics app, including processing your inquiries and providing any necessary follow-up instructions or communications via email

• Semiannual automated maintenance via the ZoomDiagnostics App

Additional fixes and configurations

Application-Level Performance Requests

• Troubleshooting app-specific slowdowns

• Updating or reinstalling applications

• Clearing application caches;

• Resetting application preferences

Operating System Troubleshooting and Management

• Operating system upgrades or downgrades

• Full system reinstallations (including reset or clean/factory reset options)

Note. Operating System Troubleshooting and Management services are available only upon determination by our technical support team as part of diagnostic or optimization procedures and cannot be initiated directly by you.

Battery and Power Management

• Configuration of screen saver and power-saving modes, including Sleep, Hibernation, Power Nap, and automatic shutdown

Hardware Health and Diagnostics

• System Management Controller (SMC) reset

• Non-Volatile Random-Access Memory (NVRAM) reset

Storage Management

• Assessing the current available storage on the Mac to ensure optimal performance.

• Optimizing disk space by identifying and resolving inefficiencies in system and user storage.

• Analyzing system and user directories to detect and address abnormal storage consumption.

• Clearing unnecessary system and application caches where appropriate to free up space.

• Identifying unused or rarely used applications and providing recommendations for their removal.

The services may be initiated either by the user or as part of scheduled or automated system optimizations. By using the PTC, you acknowledge and consent to the execution of these maintenance operations as necessary to ensure system stability, performance, and security. Users retain the ability to request or decline specific services in accordance with the settings or support interaction.

2.4.2. Exclusions from PTC Coverage

The Software and PTC services are designed to support a wide range of system optimization and troubleshooting needs. However, certain categories of devices and services fall outside the scope of standard support and are not covered under this Agreement. These exclusions include, but are not limited to:

Internet of Things (IoT) Devices: Including smart home devices, wearables, and other non-traditional computing equipment.

Peripheral Devices: Except for external hard drives, all other peripherals (e.g., printers, webcams, scanners) are excluded.

Security and Privacy Settings Configuration: Adjustments to system-wide privacy or security policies that are beyond basic recommendations.

Secure Network Configuration: Advanced setup or customization of secure or enterprise-level network infrastructure (e.g., VPNs, firewalls, or routers).

Encryption Services: Assistance with full-disk or file-level encryption setup, recovery, or decryption.

Password Management: Support for setting up, changing, or resetting user account or system-level passwords.

Non-Bootable Devices: Devices that fail to complete the boot process or are otherwise unresponsive are excluded from remote diagnostics and standard PTC support.

Any requests involving the above exclusions may be subject to additional service terms, third-party involvement, or may not be supported by us at all. Users are advised to consult a certified technician for issues related to these areas.

2.4.3. System Compatibility and Language

The Software is designed for use under the following conditions:

Supported Language: English

Supported Operating Systems: macOS version 10.10 or higher

Minimum System Requirements: 4GB RAM and a Core 2 Duo processor or equivalent

Please note that Windows and Android platforms are not supported. Use of the PTC on unsupported systems is not covered under this Agreement and may result in limited or no functionality.

3. Plan Description

4. Your Responsibility to Back Up Data

You acknowledge and agree that, prior to the commencement of any Services, it is your sole responsibility to:

1. Back up all data, software, information, and files stored on any of your equipment, including but not limited to computer disk drives, peripherals, MP3 players, DVD players, camcorders, digital cameras, or any other electronic storage devices.

2. Remove all media, including but not limited to videotapes, compact discs, floppy disks, laser disks, cassettes, DVDs, films, or any other storage media from your device.

Important: You further agree that, whether or not backup services are requested from us or our third-party service providers, neither we nor our third-party vendors shall be held liable for any loss, disclosure, alteration, or corruption of any data, software, information, files, or media, including those mentioned above.

5. Consent to Receive Phone Calls

By providing a phone number during the registration process, while using our Services, or through communication with our tech agent, you consent to receive phone calls from the Company at the provided mobile or landline number. These calls may be made using autodialing equipment. The provision of a phone number is optional, and the availability of Services does not depend on your decision to provide a phone number.

6. Required Authorization

6.1. Authorization to Access Computer or Mobile Device

By using the Services, you authorize us to access and remotely control your computer or mobile device for the purposes of diagnosis, service, and repair. This includes the authorization to download necessary software and modify system settings as required for the provision of these Services. Your consent to initiate any remote support session is required, and you must follow the instructions provided by our tech agent to proceed with such sessions.

6.2. Authorization to Accept Software Licenses on Your Behalf

The use of our software and any third-party software and tools (components) included as part of the Services (collectively, the "Software") is governed by specific license agreements, which may be presented during the download or access process. By using the Services and Software, you agree to comply with these third-party license agreements (for more information, please refer to clause 6).

You authorize us to download, install, and use Software on your device and to act as your agent in accepting third-party license agreements on your behalf. We may also remove the Software at our discretion during or after the provision or termination of the Services.

We reserve the right to collect and retain any log files or transactional data generated by third-party tools used in delivering the Services, with all rights to such data remaining with us.

In the event of any conflict between this Agreement and a third-party license agreement, the terms of the third-party license agreement shall prevail solely with respect to the use of that specific third-party component. However, this Agreement shall continue to govern your overall use of the Software and Services, including any integration, modification, or combination of third-party components within our Services.

7. Third-Party Software

As part of the Services, we utilize remote control software such as LogMeIn® and TeamViewer to access your device (computer or mobile). By accepting this Agreement, you also agree to the license terms and privacy policies of LogMeIn® and TeamViewer. We strongly encourage you to review LogMeIn's Terms of Service and Privacy Policy, as well as TeamViewer’s End-User License Agreement and Privacy Notice.

If you do not agree with any of these terms, you are not permitted to use the Services.

8. Monitoring of Services

We may monitor and record our provision of the Services, including telephone calls and/or online sessions, to improve customer service, internal training, and market research. By using the Services, you consent to such monitoring and recording, and grant us permission to use or disclose any information as necessary or appropriate to comply with applicable laws, regulations, or governmental requests; to provide the Services to you; to protect our rights and the rights of our users; and to enhance future services. You acknowledge that the recording of calls is essential to maintaining the quality of the Services and agree not to opt-out of call recording for the duration of this Agreement.

9. Limitations of Services and Liability

We shall not be liable for any failure or delay in the performance of services due to circumstances beyond our reasonable control. This includes but is not limited to, events such as power outages, internet disruptions, hardware failures, or external factors that impede service delivery.

We and our third-party service providers reserve the right to withhold, suspend, or discontinue the Services you have ordered, and, at our discretion, issue a refund—either wholly or in part—if the minimum system requirements are not met. Additionally, if your technical or other requirements (including, but not limited to, specialized wiring, overcoming physical or technical barriers, or other extraordinary needs) are deemed unusual, excessive, or beyond the scope of these terms, we may also exercise this right.

While our Services do not impose limits on the number of technical support requests you may make during the subscription period, all use of support services is subject to our Fair Use Policy. Under this policy, we reserve the right, at our sole discretion, to determine if your usage exceeds the level of support reasonably expected from an individual plan user. If such abuse is identified, we reserve the right to suspend or terminate your subscription. Furthermore, we reserve the right to suspend, restrict, or limit your access to our Services at our sole discretion, particularly in cases involving any form of rudeness, aggression, threats, spam, verbal abuse, or other misconduct directed at our agents, staff, or third-party providers.

10. Modifications and Termination of Services

10.1. Modifications. We reserve the right, at our sole discretion, to modify, enhance, discontinue, or retire any Services or features thereof at any time without liability. Additionally, we may update or amend the terms and conditions governing the Services, including changes to eligibility criteria.

We will make reasonable efforts to notify you of any material modifications by posting updates on our website. However, we are not obligated to provide direct or individual notice of such changes. Your continued use of the Services after any modifications constitutes your acceptance of the revised terms.

10.2. Termination. We may terminate your access to the Services or discontinue the provision of the Services if you fail to comply with any terms outlined in this Agreement or for any other reason, at any time. You agree that termination of access may occur with prior notice, and you acknowledge that we will not be liable to you or any third party for such termination. Upon termination for any reason, you must uninstall all software required for the provision of Services and destroy all copies of such software in your possession.

11. Force Majeure

We shall not be in breach of any obligation under this Agreement if its failure to perform is due to an event beyond its reasonable control, which is unforeseeable, unavoidable, and insurmountable. Such events may include but are not limited to, power failures, internet disruptions, server dislocations, DDoS attacks, hacking, viruses, natural disasters, acts of God, war, riots, insurrections, epidemics, or pandemics (as declared by the World Health Organization), strikes or other labor actions, terrorist activities, or other events of a magnitude or type for which reasonable precautions are not typically taken in the industry.

12. Miscellaneous

This Agreement, along with our Privacy Policy and any applicable additional agreements, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications, whether written or oral. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Any unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

No failure or delay by us in exercising any right or enforcing any provision under this Agreement shall be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative. You may not assign or transfer your rights or obligations under this Agrement without our prior written consent. We may freely assign or transfer our rights and obligations under this Agreement without restriction.

Certain provisions of this Agreement, including but not limited to those related to disclaimers, limitations of liability, indemnification, and dispute resolution, shall survive termination of the Services. Section headings are provided for convenience only and shall not affect the interpretation of this Agreement.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your use or misuse of the Services;

• Your violation of this Agreement or any applicable law or regulation;

• Your infringement of any third-party rights, including but not limited to intellectual property, privacy, or contractual rights;

• Any content you submit, post, or otherwise make available through the Services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will meet your specific requirements or expectations. We do not endorse, guarantee, or assume responsibility for any third-party content, services, or links made available through our Services, and your interactions with third parties are solely at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade usage.

15. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, loss of profits, revenue, data, business interruption, goodwill, or any other intangible losses, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising from or related to the Services shall not exceed the greater of $100 or the total amount paid by you for the Services in the twelve months preceding the event giving rise to the claim. In jurisdictions where certain disclaimers or limitations of liability are not permitted, our liability shall be limited to the maximum extent allowed by applicable law.

16. Governing Law and Dispute Resolution

If you have any questions, concerns, or complaints, you must first attempt to resolve them through good-faith negotiations for at least 30 business days by sending a written notice to legal@weareclario.com.

If no resolution is reached within the negotiation period, the following terms shall apply:

For U.S. residents, this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If no resolution is reached through negotiation, the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, selected in accordance with AAA rules, in California or another U.S. location designated by us. The arbitrator shall apply California law unless otherwise required. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

For residents outside the U.S., this Agreement shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law principles, except where mandatory local consumer protection laws apply. If no resolution is reached within the negotiation period, the dispute shall be resolved by arbitration under the Rules of the London Court of International Arbitration (LCIA), which are incorporated by reference into this clause. The arbitration shall take place in London, United Kingdom, conducted in English, and heard by a single arbitrator. The decision of the arbitrator shall be final and binding.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in class actions, class arbitration, or other representative actions against us or our affiliates. By accepting this Agreement, you acknowledge that you may only bring claims in your individual capacity and not as a member of any class, collective, or representative proceeding.

17. Contact Information

For any questions or concerns about this Agreement or our Services, please contact us at premium.services@mackeeper.com.