Policies and Procedures
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End User License Agreement
This End User License Agreement (hereinafter "Agreement" ) constitutes a legal agreement between You (either an individual or a legal entity) (hereinafter “You” or “Licensee”) and Clario Tech DMCC , with its principal office at UNIT No: 3005-D6, Swiss Tower, Plot No: JLT-PH2-Y3A, Jumeirah Lakes Towers, Dubai, UAE (hereinafter "Clario" or “Licensor”) for the use of MacKeeper software (as defined below).
This Agreement is available only to individuals who are at least 13 years old or have their legal guardians' permission. By downloading, installing, or otherwise using the software, 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 the software. The Licensor may in its sole discretion terminate the 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 Software. If you object to such change, your sole remedy shall be to cancel the subscription and uninstall the Software.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access MacKeeper software, 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 the software. If you are the parent or guardian of a child under 13 and believe that he or she is using the software, please contact us at email@example.com.
The MacKeeper software (the computer program in machine readable object code form issued by Licensor pursuant to this Agreement including any accompanying feature and services) together with the Documentation (all manuals, user documentation and other related materials pertaining to the MacKeeper software) and/or other materials distributed with the MacKeeper software is licensed, not sold, to you by Clario, and Clario reserves all rights not expressly granted to you within this Agreement. Under no circumstances shall the source code of MacKeeper software be made available to you by Clario. The MacKeeper software can be run on macOS operating system. The MacKeeper software and Documentation are collectively referred to as “Software” or “MacKeeper”.
MacKeeper is subdivided into different generations (2,3,4,5), which may differ in the set of their functionality. At the time of purchase, the Software may not include all (or may include different) functions and features than advertised. The functions and features are subject to further change. In case of any material change to Mackeeper, Clario will notify You through an email, software or website.
MacKeeper is a comprehensive set of cleaning, security, optimization, and privacy utilities, and most of their functionality is aggregated into the Find & Fix plugin.
FIND & FIX PLUGIN is a one-click way to scan your Mac for cleaning, security, performance and privacy items and fix them accordingly.
In the CLEANING CATEGORY You can use:
- Safe Cleanup - the feature that helps to remove junk files on Your hard drive, delete logs, caches, mail attachments, trash, and localization languages, as well as timely reminder you when it’s time to clean up again.
- Smart Uninstaller - the feature that selects and removes useless apps, widgets, plugins, and leftover files leaving no junk behind.
- Dublicates Finder - the feature that detects all duplicate files on your Mac. These are unneeded file copies that usually waste disk space.
In the PERFORMANCE CATEGORY You can use:
- Memory Cleaner - a tool that cleans and optimizes your Mac's RAM (random access memory) where all the data of the current session is stored or stop memory-intensive apps and processes to help your Mac run smoother.
- Update Trackers - You can also check each application installed on your Mac for any available updates and all outdated apps can be automatically updated in a single click.
- Login Items - a tool that scans the processes and applications that are set to launch at startup and remove login items that may help Your Mac to start up faster.
In the PRIVACY CATEGORY You can use:
- VPN Private Connect - a virtual private network that secures your internet connection by hiding your IP address and sending your web data through servers around the world. This feature can encrypt your data and hide your browsing, making you virtually invisible to ISPs, advertisers, or hackers around the world while you are online.
- ID Theft Guard - the feature that continuously monitors the web for data breaches, finds and secures any compromised email addresses, sends instant alerts if any risks are identified with your online accounts, and enables you to quickly change any leaked passwords.
- StopAd - an extension that protects your browsing activity from being tracked through blocking annoying advertisements and online trackers.
In the SECURITY CATEGORY You can use:
- Antivirus - real-time Mac virus protection that blocks threat before you even open it, removes viruses, spyware, adware, ransomware, as well as inspects any file or folder for a threat.
- Adware Cleaner - the feature that monitors your Mac for malicious installers and scareware 24/7, stops adware from generating tons of annoying alerts, and detects potentially unwanted applications (PUA) on your device.
Internet connection. Certain features may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
This Section applies to MacKeeper Premium Services (“Premium Services”) that Licensor sells separately from its Software, but that is available in a plugin form in the Software, and through which Licensor may help you install, configure or troubleshoot any of a variety of Software products and/or equipment or systems, including a PC, Mac, tablet, mobile phone or any other personal computing device, wireless router, cable modem or other router, printer, digital camera, media player, Smart TV etc.
The tech expert, in providing Premium Services, will use commercially reasonable efforts to assist you with the problems you are experiencing but, due to the variety and the complexity of technologies available on the market, the tech expert may not be able to resolve your issues. This may include, for example, problems that arise as a result of software or hardware errors not yet resolved by the manufacturer, or problems related to the equipment configuration that makes it impossible or unreasonably difficult to properly diagnose and solve the issue. As a result, you hereby acknowledge and agree that the Licensor's efforts may not be enough to solve the issues you identify, or that those issues will not be solved in a timely manner. Full information can be found here.
Clario grants You a limited, non-exclusive, non-transferable, non-sublicensed, and non-commercial license to download, install and use MacKeeper (in whole or in part) for such time until either You or the Company terminates this Agreement. The License comes into effect after activating MacKeeper through one of the special offers, and MacKeeper is fully functional during the amount of days specified in the special offer conditions starting from the first time you run it.
Clario grants you the possibility to evaluate the software by providing a free of charge one-time fix for each of the Software’s features (excluding “VPN”). To proceed using the Software once a one-time fix is completed, it is required to purchase a license.
License code. Licensor may issue a License Code or License Key to You, which You may need to activate MacKeeper. Licensor and its subsidiaries and distributors may link the said License Code or License Key to You personally. Any given License Code or License Key is provided for your personal usage only and can not be distributed, published or otherwise communicated to third parties unless it is allowed by Licensor in a written form.
Online activation. Once You purchase a license, the MacKeeper should be activated online. During an online activation, You are required to submit personal information (please read our Privacy Notice) and have a functional Internet connection. Your licensed use of MacKeeper is bound to the computer(s) you used to complete activation. The Licensor does not allow to activate and use MacKeeper on more computers than the number of computers are obtained by the said License(s) for. Licensor may, at its sole discretion, allow you to activate MacKeeper on additional computers within reasonable limits and after written approval from the Licensor. Notwithstanding such a decision, you are only licensed to use MacKeeper simultaneously on the amount of computers you have obtained the said license(s) for. Licensor may, at its sole discretion, to suspend further activations performed under the said license(s), and/or render the said license(s) null and void, if it considers the amount of activations performed under the said license(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, or c) within the Software.
Transfer. This license grants you the right to activate and use MacKeeper on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. You can transfer your license from one of your computers to another through your MacKeeper account and use MacKeeper only on one computer at once. The right to transfer the activated copy of MacKeeper is personal and it is prohibited to transfer it to other people. Clario may at its sole discretion define and adjust what said reasonable limits amount to. This license does not allow multiple users to use MacKeeper on multiple computers.
COPYRIGHT AND RESTRICTIONS
All title, ownership rights and intellectual property rights in and to the Software and services (including, without limitation, all text, graphics, sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Software, individually or in combination) and any and all copies thereof, are owned by Clario or its licensors. All rights not specifically granted by Clario are reserved by Clario. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the Software. You agree not to remove any label indicating that Clario is the subject of copyright and other intellectual, industrial, or proprietary rights of Clario or third parties. The Software is protected by all applicable copyright laws and international treaties. You agree not to replace or modify in any way libraries and resources included in the Software.
The Software may include components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) made available from third parties under a free or open-source software licensing model (hereinafter “Open-Source Code”). The Open-Source Code components included with the Software are redistributed by Clario under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source Code components from Clario under this Agreement neither enlarges nor curtails Your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components included with the Software are included with or referenced in the Software’s Documentation.
The Software is available on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “Billing Cycle”). Billing Cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. The lifetime subscription is only available for MacKeeper 2 version. At the end of each Billing Cycle, your Subscription will automatically renew using the billing information provided unless you cancel it or Clario cancels it. Please note that an email reminder will be sent prior to the renewal date of your Subscription.
Clario provides the Family subscription plan (“Family Plan”) that includes three separate licenses and allows you to share it with your family members or friends according to the terms described in this Agreement. The Family Plan is eligible for a refund according to the general terms described in our Refund Policy. Once you purchase your Family Plan, the terms of it can not be changed. The provided licenses in your Family Plan cannot be combined into one and extended for an appropriate period, or refunded partially in case you are intended to use only one or two licenses instead of multiple.
HOW TO STOP YOUR SUBSCRIPTION FROM AUTOMATICALLY RENEWING AND YOUR RENEWAL CHARGES
BEFORE THE DUE DATE OF THE CHARGE, ALL YOU NEED TO DO TO STOP THE AUTOMATIC RENEWAL IS TO CONTACT US DIRECTLY SO WE CAN CANCEL THE SUBSCRIPTION FOR YOU, OR LOG IN TO YOUR MACKEEPER ACCOUNT AND CANCEL THE SUBSCRIPTION ON YOUR OWN. IT TYPICALLY TAKES A FEW HOURS FROM YOUR REQUEST FOR THE CHANGE TO TAKE EFFECT. YOUR SUBSCRIPTION WILL CONTINUE THROUGH THE END OF YOUR ALREADY PAID SUBSCRIPTION TERM, AFTER WHICH IT WILL END AND NOT AUTOMATICALLY RENEW.
NOTE: The lifetime subscription allows you to access the MacKeeper software at the time of your purchase for as long as the software is available or until lifetime is discontinued by the Licensor due to any reasons. Clario makes no warranties or representations as to the expected lifetime of MacKeeper software or this kind of subscription, and in purchasing a lifetime plan, you acknowledge and agree that it could be changed or terminated in the future.
UPDATES AND UPGRADES
Licensor, from time to time during the Billing Cycle and without your separate permission or consent, may from time to time deploy an upgrade or update of, or replacement for, MacKeeper (“Update”), and as a result of any such deployment you may not be able to use the applicable Software until any such Update is fully installed or activated. Each Update will be deemed to form a part of the Software for all purposes under this Agreement. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely, and Licensor will determine the content, features and functionality of the updated Software in its sole discretion. Licensor is not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Software. Licensor may stop providing support for the Software until you have accepted and installed or activated all Updates. Licensor in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. Licensor in its sole discretion may stop providing Updates for any version of the Software other than the most current version, or Updates supporting use of the Software in connection with any versions of operating systems, email programs, browser programs and other software with which the Software is designed to operate.
In case an update or upgrade contains any paid offers, you will be notified about this via the software itself, and you will have the possibility to decline such installation or uninstall the Software completely. If you have any difficulties, please contact our Customer Support at firstname.lastname@example.org.
You agree that, if you submit or provide suggestions for improving our software ("Feedback") to the Company, by the act of submission or suggestion you effectively irrevocably assign to the Company all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from us and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback.
DISCLAIMER OF WARRANTIES
LICENSOR HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT GUARANTEE THAT THE SOFTWARE WILL WORK CORRECTLY IF LICENSEE TURN OFF AUTOMATIC UPDATES OF MACKEEPER, SPECIFIED IN THE SECTION “UPDATES AND UPGRADES” OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SOFTWARE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLARIO TECH DMCC NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, CLARIO TECH DMCC ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE ASSOCIATED SOFTWARE.
LIMITATION OF SUPPORT
Licensor will use commercially reasonable efforts to provide Licensee with email and chat support pertaining to the domain of basic usage of the software. Licensor reserves the right to cease offering support of any kind relating to the usage of older releases of the software whenever a new release of the software, whether for free or for pay, becomes available.
You agree to defend Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacKeeper. Clario reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Clario upon its request.
TECHNICAL AND RELATED INFORMATION
Clario and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Clario and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Clario and its subsidiaries shall be limited in such a manner that Clario and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within MacKeeper or any other personal files and folders that are accessible to MacKeeper when you use it.
Termination by the Company. The Company may terminate Your use of the Software or discontinue providing access to the Software 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 Software 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 the Software and destroy all copies in Your possession.
Termination by You. You may terminate this Agreement at any time by discontinuing use of the Software, deleting Your account, suspending your subscription, and uninstalling the Software. Here you can find information on how to uninstall MacKeeper - https://mackeeper.com/help/uninstall-mackeeper. The information about your subscription cancellation is available in our Terms and Conditions at https://mackeeper.com/terms-conditions/ or you may contact our Customer Support at email@example.com.
Should you wish to receive a refund, please review our Refund Policy here. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
You may be granted with a discount coupon that gives you the right to purchase a license for a lower price than the one originally announced. The coupon is valid for a one-time purchase of a license and is not applicable for extending the subscription or renewals.
You may also be provided with a discount given out by our Customer Support. In this case, the discount is given only once and you may not submit a request for a discount again.
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 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.
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 MacKeeper and supersedes all prior oral or written communications and representation with respect to MacKeeper 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.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
For all purposes of this Agreement, each of Clario third-party licensors of MacKeeper 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.
The Software and Documentation may be subject to export control laws of one or more countries or jurisdictions. You shall not, directly or indirectly, export, re-export or release the Software or Documentation to, or make the Software or Documentation accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software or Documentation available outside an applicable country or jurisdiction.
Under the terms of this Agreement the data you share with us and the privacy of that data is governed by our Privacy Notice, this notice is subject to change at any time. The most current version of Privacy Notice can always be found at https://mackeeper.com/privacy-policy/.
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 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 such cases where amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language used in any arbitral proceedings shall be English.
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.
If you have any questions, comments, or suggestions regarding this Agreement, you may contact us at firstname.lastname@example.org.
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