This End User License Agreement (hereinafter "Agreement" or “EULA”) constitutes a legally binding contract between you (whether an individual or a legal entity) and Clario Tech DMCC, with its principal office at Jumeirah Lakes Towers, Dubai, UAE (hereinafter "Clario" or "Company") for the use of MacKeeper Premium Services (hereinafter “Premium Services” or “Services”). These terms are provided to you (hereinafter the "Customer" or “You”) in connection with the subscription license that you have purchased. By agreeing to the terms of this Agreement, you acknowledge and agree to the provisions of the Privacy Policy, which is an integral part of this Agreement.

This Agreement is available only to individuals who are at least 13 years old or have their legal guardians' permission. By downloading, installing, or engaging with our Services in any manner, you certify that you are of legal age or have the requisite permission, and you agree to be bound by terms of this Agreement. If you do not agree to this Agreement, do not use our Services. The Company may in its sole discretion terminate this Agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by the applicable jurisdiction. If we modify or update this Agreement, you have affirmatively agreed to such changes by continuing to use the Services. If you object to such change, your sole remedy shall be to cease using the Services.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access our Services, you agree to the terms of this Agreement on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Agreement, do not let your child use our Services. If you are the parent or guardian of a child under 13 and believe that he or she is using our Services, please contact us at legal@weareclario.com.

Description of services

Premium Services

Upon purchase of this kind of services, the Customer shall be eligible for live specialist support for smart home devices, available 365 days a year, 24 hours a day. Features of the Premium Services for Smart Devices may include any of the following:

• Customer's OS Installation and Adjustment

• Data Transfer

• Operating System update

• Secure Data Backup

• Account Management

• Security and Privacy Protection Configuration

• Semiannual Maintenance

• New Mac QuickStart

• Customer's OS Setup and Troubleshooting

• Drive Space Issues Resolution

• Passwords Troubleshooting

• Network Connection Troubleshooting

• iCloud Issues Troubleshooting

• Local Network Creation and Troubleshooting

• Boot Issues Troubleshooting

• Battery Power Saver

• Customer's Hardware Setup and Troubleshooting

• Peripherals

• Apps-Related Issues Fix

• Mailbox Cleanup

• Software Issues Checkup and Fix

• Ads-free Browsing Configuration

• Browser Optimization

• Personal Tech Expert Consultation

• Tech Coaching

Premium Services provision is restricted to the statements above and cannot be done if beyond its scope. The issue cannot be resolved or can be resolved only partially, if it is beyond Clario's responsibility or capability, for example:

• The issue is caused by a hardware failure

• The issue is on the vendor's side of the OS, an application, or a plugin

• The issue is caused by the internet service provider failure

• The issue relates to the pirated software

• The issue relates to the end-of-lifetime or end-of-support software

• The issue requires specific vendor’s expertise

Premium Services for Smart Home Devices

Upon purchase of this kind of services, the Customer shall be eligible for live specialist support for smart home devices, available 365 days a year, 24 hours a day. Features of the Premium Services for Smart Devices may include any of the following:

• Smart home devices initial setup

• Configuration of security and privacy for smart home devices

• Connectivity issues resolution

• Website, or a firewall blocking your internet connection

• Smart home devices troubleshooting

• Smart home devices usage guide

The categories of smart home devices that are under the coverage:

• Vacuums & Surface Care (vacuum cleaners, window cleaners, etc)

• Kitchen Appliances (kettles, cookers, etc)

• Air Conditioning Appliances (purifiers, humidifiers, heaters, etc)

• Wearable electronics (smart watches, smart bands, etc)

• Power Supply (smart plugs, switches, etc)

• Lightings (bulbs, etc)

• Home Security (doorbells, IP cameras, locks, etc)

• Health & Personal Care (toothbrushes, scales, etc)

• Cars (players, cameras, GPS trackers, etc)

• Office Supply (printers, projectors, etc)

• Household Appliances (laundry, thermostats, etc)

• TV (tv boxes, remotes, etc)

• Devices for Hobbies (drones, toys, vehicles)

• Other

Plans description

Regular Plans

• 1-month plan - this is a one-month plan that covers from one to three computers. There are two types of 1-month plan:

  - Basic - this subscription plan covers one Customer’s computer.

  - Standard - this plan covers one Customer’s computer and all devices (iPad & Tablets, iPhone & Smartphones).

  - Premium - this plan covers three Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

• 6-month plan - this is a six-month subscription plan, which covers three Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

• 12-month plan - this is a year subscription plan, which covers three Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

• 24-month plan - this is a two-year subscription plan, which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

Please note that these subscription plans will be prolonged automatically after the end of each subscription period. You can cancel your subscription at any time.

Long-term Plans

• 36-month plan - this is a three-year plan which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

• 60-month plan - this is a five-year plan which covers five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).

• 60-month advanced plan - this is a five-year plan which covers five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones, including Smart Home Devices)

Free Options

• Free Fix - this is a one-time servicing session that is provided free of charge on certain occasions by the decision of the company. Free fix covers only one computer and covers a limited number of issues.

These plans will end after the subscription period expires and will not include any automatic prolongation charges.

Premium Services for Smart Home Devices

• 1-month plan - this is a monthly subscription which covers all customer’s smart home devices (personal computers are not covered).

• 12-month plan - this a year subscription plan which covers all customer’s smart home devices (personal computers are not covered).

Please note that these subscription plans will be prolonged automatically for the next period. The devices that are under coverage are listed in the Description of the service paragraph.

Note: A lifetime subscription allows you to access Premium Services at the time of your purchase for as long as the support is available or until it is discontinued by the Company for any reason upon prior notice to you. Clario makes no warranties or representations as to the expected lifetime of Premium Services. You acknowledge and agree that Premium Services could be changed or terminated in the future and the Company will not be liable to you or any third party for such termination.

License grant

You shall not, and you shall not cause or allow any third party to lease, lend, loan, use for timesharing, sell, resell, charge for, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to a subscription plan without our prior written consent, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.

Modification

Clario reserves the right to modify, add to, discontinue, and/or retire any Services and/or any feature of services at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on our website. We have no obligation to provide direct notice of any such changes. We have the right to define eligibility criteria for the Services, and make changes to those criteria at any time.

Consent to Receive Phone Calls

Customers may share their phone number with Clario during registration, while using the Services, or in communication with Clario representatives. Clario will exclusively use this number. By furnishing a phone number, the Customer agrees to receive calls from Clario at that mobile or landline number, including calls made using autodialing equipment. Customers are not required to provide a phone number, and the availability of the Services is not contingent upon the provision of a phone number by the Customer.

Authorization to access computer or mobile device

Customer agrees that by using the Services, Customer is authorizing Clario to access and control Customer's computer and/or mobile device via remote access software for the purposes of diagnosis, service, and repair. Customer further authorizes Clario to download software (as described further below) and modify any system setting in connection with the Services. Customers must provide consent and follow agent instructions to initiate any remote support session.

Third party software

Clario may use third-party software components. Notwithstanding the foregoing, some of the third-party materials included in the use of Services may be subject to other terms and conditions. Clario uses a remote control software LogMeIn® or TeamViewer for logging in Customer’s device. By accepting our EULA you automatically agree to the LogMeIn® and TeamViewer Terms & Conditions, EULA and Privacy Policy. Please read LogMeIn®’s Terms of Service and Privacy Policy as well as TeamViewer's End-User License Agreement and Privacy Policy carefully, and if you disagree with them you cannot use our Services.

Authorization for Acceptance of Software Licenses on Customer's Behalf

The use of all Clario software and third-party software and tools provided or made available with the Services (referred to collectively as ""Software"") is subject to specific license agreements that may be displayed or referenced during the access or download of such Software. By using the Services, the Customer acknowledges and agrees to comply with these license agreements. In order to facilitate the performance of the Services, the Customer grants authorization for the Company to download and utilize Software on the Customer's computer and/or mobile device. Furthermore, the Customer appoints Clario as its agent to accept any applicable third-party license agreements for Software on the Customer's behalf. The Customer acknowledges that Clario has the discretion to download and use Software during the provision or termination of the Services. Clario may, at its discretion, remove any Software downloaded to the Customer's computer and/or mobile device after the completion or termination of the Services. Should Clario employ third-party tools in the delivery of its Services, Clario reserves the right to collect and retain any log files or other transactional data generated by such third-party tools. All rights, title, and interest in any log files or other transactional data generated by third-party software used in Clario's provision of the Services shall be vested in and remain with Clario. In the event of any conflict between the terms of a third-party Software license agreement and the provisions of this agreement, the Customer hereby irrevocably assigns to Clario any interest in any log file or transactional data generated.

Monitoring of the services

Clario may monitor and shall record its provisions of the Services, including recording telephone calls and/or online sessions, for purposes of improving customer service, internal training, and internal market research. Customer hereby grants permission to Clario to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests; to provide the Services to Customer; to protect ourselves and/or our users; and to enhance the types of Services Clario may provide to in the future. Customer agrees that call recording is necessary to maintain the quality of the Services and Customer shall not opt out of call recording while this Agreement is in effect.

Minimum technical and system requirements

In order for Clario to provide proper servicing there are certain minimum technical and system requirements which Customer must have:

PC:

• Windows 10 or higher

• 4 GB RAM;

• Dual Core processors.

Mac:

• OS 10.10 or higher

Android:

• 8 or higher

iOS:

• 9.0 or higher

Hardware setup requirements:

• Cable;

• Original Install disc.

Customer’s responsibility to back-up data

Customer agrees that prior to Services rendering any Customer equipment, it is the Customer's responsibility to:

1. Back-up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device.

2. Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product.

3. Customer agrees that whether or not Customer requests back-up services from Clario and/or its third party service provider, neither Clario nor its third-party service providers shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

Refund Policy

Should you wish to receive a refund, you can review our Refund Policy. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Limitations to services

Clario shall not be liable for any failure or delay in performance due to any cause beyond its control. Clario and/or its third-party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer's payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these terms, as determined by Clario.

Though Premium Services have no limits on the amount of technical support requests a Plan user may make during the subscription period, however, each Subscriber's use of the support services for the Plans are subject to Premium Services's fair use policy. Under this policy, if at any time, in Premium Services's sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then Clario reserves the right to suspend or terminate your subscription.

Clario reserves the right to suspend your account or limit your access to the Premium Services at its sole discretion, in particular, if there is any rudeness, aggression, threats, spam, and/or other verbal abuse towards our agents.

Termination

The Company may terminate your use of Services or discontinue providing access to Services if you fail to comply with any of the terms set out in this Agreement or for other reasons at any time. You agree that any termination of your access to the Services may be effected upon prior notice and you agree that the Company will not be liable to you or any third party for any such termination. Upon termination for any reason, You must uninstall all software required for the Services provision and destroy all copies in your possession.

Force majeure

Clario shall not be in default of any obligation under this Agreement, if the failure to perform the obligation is due to any event beyond it’s Clario reasonable control, that are unforeseeable, the occurrence and effect of which are unavoidable and insurmountable (including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, natural disaster, other acts of God, war, riot, insurrection, epidemics or pandemics (as declared by the World Health Organization), strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Miscellaneous

Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire agreement between you and Clario relating to Services and supersedes all prior oral or written communications and representation with respect to the Services or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Clario (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Clario by reason of, or arising from the following:

• Customer's breach of this Agreement;

• Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;

• Customer's actual or alleged failure to promptly pay sums due to "Clario" or third parties;

• Customer's failure to comply with applicable laws, regulations or ordinances;

• The acts or omissions of Customer (or its officers, directors, employees or agents).

Disclaimer of warranties

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES ARE AT the CUSTOMER'S SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Clario EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Clario MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES “SERVICES" MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM Clario OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.

Limitation of liability

Clario SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Clario HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. Clario UNDER ANY CIRCUMSTANCES SHALL NOT BE LIABLE FOR ANY MATERIAL OR FINANCIAL LOSS CAUSED BY CUSTOMER’S INTERRUPTION OF THE FIXING PROCESS (e.g. turning off the computer during the fixing session) AND/OR PHYSICAL BREACH OF THE DEVICE DURING THE FIXING SESSION.

It is the Customer's responsibility to back-up the software and data that is stored on Customer's computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Clario in relation to the Services shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Clario in relation to the Services shall not be liable in any way for damages arising from any services or software or other product supplied to Customer by Clario. Notwithstanding any language to the contrary, Clario's maximum liability to Customer arising from or related to Clario under this Agreement shall be limited to the sums paid by Customer to Clario under this Agreement during the three months prior to the time the cause of action arose.

Governing law and jurisdiction

For Customers in the United States. This Agreement is governed by and construed in accordance with the laws of the State of California, United States, including any dispute arising out of or in connection with it or relating to your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply to this Agreement.
Any dispute arising out of or in connection with this Agreement shall be resolved by negotiations between the Parties within 30 calendar days. Otherwise, all disputes shall be submitted to and finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. There will be a single arbitrator, selected by the Company. The arbitration proceedings will occur either in the State of California, USA, or at another location in the USA chosen at the sole discretion of the Company. The arbitrator will apply the laws of the State of California to all matters in dispute, unless the Company decides otherwise. The arbitrator's decisions will be conclusive and binding on both parties and can be entered for enforcement in any court with competent jurisdiction. Despite the application of California laws, legal fees will be granted to the prevailing party in the arbitration.

For Customers Outside the United States. This Agreement is governed by and construed in accordance with the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes or controversies arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration in London under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London. The language of the arbitration shall be English, and the number of arbitrators shall be one.

CLASS ACTION

All claims must be brought in the parties' individual capacity, and not as a claimant or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.

Third-party beneficiary

For all purposes of this Agreement, each of Clario's third-party licensors of Services shall be expressly deemed an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.

Questions or comments

Should you have any questions or comments regarding this Agreement, you may contact us via premium.services@mackeeper.com.