MK Premium services
end user license agreement

Updated: 10.12.2019

This End User License Agreement (hereinafter "Agreement" or “EULA”) is a legal agreement between you (either an individual or a legal entity) and Clario Tech Limited, with its principal office at 7 Stratford Place, Marylebone, London, United Kingdom, W1C 1AY (hereinafter "Clario" or "Company") for the use of MK Premium Services (hereinafter “Services”). These terms are provided to you ("Customer") in connection with the subscription license that you have purchased.

Description of services

Upon purchase of the Services, the Customer shall be eligible for live specialist support for computer and mobile device problems, available 365 days a year, 24 hours a day. Features of the Services 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

  • Quarterly 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

  • Device Helper

  • Other Devices Troubleshooting

  • Apps-Related Issues Fix

  • Mailbox Cleanup

  • Software Issues Checkup and Fix

  • Ads-free Browsing Configuration

  • Browser Optimization

  • Personal Tech Expert Consultation

  • Tech Coaching

The issue can't be resolved in case it lay beyond the scope of Clario's responsibility: detailed product support for 3rd party software applications which lie outside Microsoft Windows, OS X or the supported versions of Android and iOS, hardware failure, application's vendor's side, Internet service provider or other. Services provision are restricted to the statements above and cannot be done if beyond its scope.

Plans description

One-Time Fixes

  • 
Basic - this subscription plan includes a one-time fix and covers one Customer’s computer.

  • 
Standard - this plan includes a one-time fix and covers one Customer’s computer and all devices.

  • 
Premium - this plan includes a one-time fix and covers up to three Customer’s computers and all devices.

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

Regular Plans

  • 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 from three to five 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, Apple Watch).

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

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

Note: Various third-party software (hereinafter “Offers”) may be offered as a bonus to Lifetime plan. These Offers are always optional, and you are free to reject them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU INSTALL AND USE THESE OFFERS AT YOUR SOLE RISK. THESE OFFERS ARE PROVIDED SOLELY “AS IS“ AND ARE NOT UNDER THE CONTROL OR RESPONSIBILITY OF Clario. Clario shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Offers. All such Offers provide legal documents, including terms of use and privacy policy, governing the use of such Offers. It is always advisable to read such documents carefully before installing and using such Offers.

Discounts

You may be qualified for a discount given out by our Customer Support.

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 a 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. If we modify or update this Agreement and/or Services, 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 terminate and/or cancel the Services.

Consent to receive telephone calls

Customers may provide Clario with a telephone number when registering for or using the Services or in the course of communication with Clario representatives. This number will be used by Clario only. By providing a telephone number, Customer consents to calls at that mobile or landline number by Clario, including calls to that number using equipment that has the capacity to autodial. Customer is under no obligation to provide a telephone number and the Services are in no way conditioned upon Customer providing a telephone number.

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/or TeamViewer Terms & Conditions, EULA and Privacy Policy. You do not need to agree on them by separate procedure. 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 to accept license on customer's behalf

Customer acknowledges and agrees that use of all Clario software and third-party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") is subject to the license agreements that may appear or be referenced when such Software accessed or downloaded. Customer hereby agrees that Clario may download to Customer's computer and/or mobile device and utilize Software in the performance of the Services; Further, Customer hereby authorizes Clario, as Customer's agent, to accept any applicable third-party license agreements for Software on Customer's behalf. Customer agrees that Clario may, but is not obligated to, remove any Software downloaded to Customer's computer and/or mobile device during the Services after Clario has completed or terminated the Services. In the event Clario uses any third-party tool(s) in its provision of the Services, Clario may collect and retain any log files or other transactional data generated by such third-party tool(s). All right, title and interest in any log files or other transactional data generated by third-party software utilized in Clario's provision of the Services shall vest and shall remain with Clario. To the extent the foregoing sentence conflicts with the terms any third party Software license agreement, 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 7;

  • 2GB RAM;

  • Dual Core processors.

Mac:

  • OS 10.6 or higher;

Android:

  • 2.3 or higher;

iOS:

  • 6.0 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.

Force majeure

Clario shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Clario’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, 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 License 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.

Severability

If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.

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, jury trial waiver

The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of the United Kingdom, 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, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.

Third-party beneficiary

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

Questions or comments

Should you have any questions or comments regarding this License or the limited warranty, you may contact Clario Tech Limited, with its principal office at 7 Stratford Place, Marylebone, London, United Kingdom, W1C 1AY or via premium.services@mackeeper.com.

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