PC Tools Services Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN PC TOOLS S.À.R.L AND/OR ITS AFFILIATES (“PC TOOLS”) AND YOU FOR USE OF SERVICES ENTITLED “PC TOOLS LIVE SERVICES” YOU SELECTED OR INITIATED ON THE PC TOOLS WEBSITE (“SITE”) OR PURCHASED THROUGH A VENDOR (THE “SERVICES”). “PC TOOLS” MEANS PC TOOLS S.À.R.L, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL WHO IS UTILISING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE “I ACCEPT” OR “AGREE” BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY.

IF YOU DO NOT AGREE TO THE TERMS, THEN PC TOOLS IS UNWILLING TO PROVIDE THE SERVICES TO YOU. IN THIS CASE YOU SHOULD: (1) CLICK THE “CANCEL” OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL; AND (2) NOT USE THE SERVICES AND SEEK A REFUND DURING THE 30 DAY REDEMPTION PERIOD AS INDICATED BELOW.

IMPORTANT NOTICE: LIMITED REDEMPTION PERIOD AND REFUND RIGHTS: THE RIGHT TO USE ANY ONE TIME SERVICES WILL EXPIRE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF PURCHASE OF THE ONE TIME SERVICES (“REDEMPTION PERIOD”). IF YOU DO NOT USE THE ONE TIME SERVICES WITHIN THE REDEMPTION PERIOD, YOU WILL NOT BE ENTITLED TO USE THE SERVICES. IN THE EVENT YOU CHOOSE NOT TO USE THE ONE TIME SERVICE, PC TOOLS WILL REFUND YOU THE MONEY YOU PAID FOR THE SERVICES, (LESS SHIPPING, HANDLING AND ANY APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE) PROVIDED THAT YOUR REFUND REQUEST IS RECEIVED BY YOUR VENDOR OR PC TOOLS CUSTOMER SERVICE DURING THE REDEMPTION PERIOD, USING THE CONTACT DETAILS DESCRIBED IN SECTION 6 OF THE TERMS. IF YOU HAVE PURCHASED SUBSCRIPTION SERVICES, YOU MAY CHOOSE TO CANCEL SUCH SUBSCRIPTION SERVICES AND PC TOOLS WILL REFUND YOU THE MONEY PAID FOR THE SUBSCRIPTION SERVICES, (LESS SHIPPING, HANDLING AND ANY APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE) PROVIDED YOU HAVE NOT REDEEMED A SERVICE OR HAD THE “SET UP” PERFORMED ON ANY OF YOUR PCS OR OTHER DEVICES AND PROVIDED THAT YOUR REFUND REQUEST IS RECEIVED BY YOUR VENDOR OR PC TOOLS CUSTOMER SERVICE WITHIN FIVE (5) DAYS FROM THE DATE OF PURCHASE OF SUCH SUBSCRIPTION SERVICE. NOTE: SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF REFUND RIGHTS AS DESCRIBED IN THIS CLAUSE SO THIS CLAUSE MAY NOT APPLY TO YOU. FURTHERMORE THIS CLAUSE DOES NOT AFFECT ANY OTHER APPLICABLE REFUND RIGHTS. BY CLICKING ON THE “I ACCEPT” OR “I AGREE” BUTTON, OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.

  1. Services
    1. 1.1. Service Overview
      1. (1) Introduction. Services may include services that are available on a one-time basis, for a fee ("One Time Service(s)"); as well as subscription services, which are an entitlement to more than one service over a period of time, for a recurring fee ("Subscription Service(s)"). PC Tools shall provide the Services as set forth in the Terms. PC Tools’ service representative will attempt to provide to You the Services over the telephone, through a live chat session on Your personal computer, remotely over the internet, or by email. PC Tools continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, PC Tools may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which PC Tools has already expressly agreed to provide to You.
      2. (2) Support Software Tool and Remote Access. During the Services session, PC Tools may (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the PC Tools service representative to enable PC Tools to remotely access and take control of Your personal computer; and/or (iii) gather system data and modify computer settings in order to diagnose or repair a problem; (iv) utilize certain third party support software on Your personal computer, which will be removed upon the completion of the Premium Services session. The support software (including any third party support software) and remote assist tool are owned by PC Tools or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimisation functions. You may use the Support Software Tool only as part of or for use with the Service and for no other purpose. By electing to receive support, You agree to allow PC Tools to use whatever Support Software Tools are deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash. You also understand that if You elect to install the Support Software Tool on Your computer, by downloading the Support Software Tool, You agree to use the Support Software Tool in accordance with the PC Tools Support Software Tool Usage Agreement located at http://www.pctools.com/support/ (the “Support Tool Usage Agreement”). In such case, You shall cease use of the Support Software Tool and remove it from Your personal computer at the end of the Services support session.

        PC Tools may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to PC Tools to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You or other users and to enhance the types of Services PC Tools may provide to You in the future. You also grant PC Tools permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.

      3. (3) Description of Services, Minimum Requirements.
        1. (i) PC Tools shall provide the following Service subject to the Terms.
          • PC Power Boost: PC Tools’ service representative will help customers install, set up PC Tools software applications, and improve PC Performance.
          • Other Services: Other services which may be provided by PC Tools.
        2. (ii) Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required. The minimum system requirements to receive the Services are as follows.
            Windows XP 32-bit (Service Pack 2 or later) Professional, Home Edition, or Media Center 2005
            • 800 MHz CPU
            • 256 MB RAM required (512 MB recommended)
            • 500 MB of available hard drive space
            • SuperVGA (800x600) or higher resolution video adapter
            • You need to log on as an administrator
            Windows Vista 32-bit or 64-bit (all Service Packs) Home Basic, Home Premium, Business, or Ultimate
            • 1 GHz CPU
            • 512 MB RAM required (1 GB recommended)
            • 500 MB of available hard drive space
            • SuperVGA (800x600) or higher resolution video adapter
            • You need to log on as an administrator
            Windows 7 32-bit or 64-bit (all Service Packs) Home Basic, Home Premium, Business, or Ultimate
            • 1 GHz CPU
            • 512 MB RAM required (1 GB recommended)
            • 500 MB of available hard drive space
            • SuperVGA (800x600) or higher resolution video adapter
            • You need to log on as an administrator
            Mac (For Ultimate Help Desk, Rescue Me Services and all Mac-based Services)
            • Mac OS v10.5 and above
      4. 1.2. Commercially Reasonable Effort.
        1. (i) PC Tools will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If PC Tools is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by PC Tools’ service representative in an attempt to correct a problem.
        2. (ii) In the course of providing the Services, PC Tools may determine that the issue is beyond the scope of the Services. PC Tools may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, PC Tools will not transfer You directly to an alternate resource. To the extent permitted by applicable law, PC Tools reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
      5. 1.3 Service Availability.
        1. (i) The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Service. If PC Tools determine that Your computer is infected by a virus, PC Tools may require that You purchase a Service to clean Your computer prior to obtaining Subscription Services.
        2. (ii) PC Tools reserves the right to terminate Your Subscription Service, upon notice, if PC Tools determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than You, or (e) for any computer system other than a registered system. In the event that Your Subscription Service is terminated by PC Tools, PC Tools will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
  2. Your Responsibilities
    1. 2.1 Basic Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. By electing to receive the Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that You provide to PC Tools must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to PC Tools. You further represent that You authorize PC Tools to bill the credit card that You provide to PC Tools, for any charges to which you consent.

    2. 2.2. Liability Release. To the extent permitted by applicable law, PC Tools will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by PC Tools and/or its representatives. If PC Tools works with You on any password or other access control oriented problems, PC Tools strongly recommends that You reset such passwords(s) immediately following the completion of the Services.

    3. 2.3. No Transfer. The Services are not transferable. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.

    4. 2.4 Data Backup PC TOOLS DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PC TOOLS OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

      PC TOOLS DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

  3. Charge; Warranty; Refund
    1. 3.1 One Time Service. The Services shall be provided for on a one time basis. The term “one time” means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem.

      The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased a One Time Service from PC Tools, then the following warranty applies: if PC Tools are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, PC Tools will not charge You a fee for the One Time Service. If You experience a problem with the resolution PC Tools provided and You call Us within seven (7) days from the day You originally received the One Time Service, PC Tools will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, PC Tools will refund the fees that You paid for the One Time Service.

    2. Subscription Services. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time set up fee applies to all Subscription Services.

    3. 3.3. Refund. Any refund will be limited to the amount paid by You.

    4. 3.4. Missed Appointments. If You schedule an appointment with a PC Tools service representative on a particular day and time and You do not contact PC Tools a minimum of two (2) hours prior to Your appointment to cancel or otherwise reschedule Your appointment, You will be charged, at PC Tools’ option, a twenty-five dollar (U.S. $25.00) (or equivalent amount in the applicable currency) missed appointment fee.

    5. 3.5 Payment for the Services. The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For purchases of the Services made by You from PC Tools through the Site: (1) You agree that PC Tools may charge to Your credit card or other valid payment mechanism requested by You and approved by PC Tools all amounts due and owing for PC Tools for the Services; (2) Unless otherwise agreed by PC Tools in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from PC Tools; (3) You agree that PC Tools may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due. Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.

      By authorizing PC Tools to charge Your credit card for Your Subscription Service, You further authorize PC Tools to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs PC Tools that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact PC Tools if You do not wish to renew Your Subscription Service; if You do not contact PC Tools, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at PC Tools's then-applicable fees.

  4. Privacy; Data Protection

    When You visit the Site, the PC Tools Privacy Policy that is available for review via the “Privacy Policy” link that appears on the Site shall apply.

    When You request the Services, the following information will be collected and sent from Your personal computer to PC Tools via an Internet connection:

    • The information provided by You to PC Tools’ service representative over the phone or entered by You into PC Tools’ online interface when requesting the Services; and
    • The type and version of operating system and Internet browser used by Your personal computer.

    During Your Services session, if a Support Software Tool is installed, the following information may be collected from your computer by the Support Software Tool and sent to PC Tools via secured connection:

    • The number of files scanned, threats found, and threats fixed by the Support Software Tool;
    • The type of threats found;
    • The number and type of threats remaining that have not been fixed by the Support Software Tool;
    • Whether a firewall is active;
    • Whether antivirus software is installed, running, and up to date;
    • Browser information including security and temporary file settings;
    • System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Support Software Tool;
    • The security status (good/fair/poor) of the computer as determined by the Support Software Tool;
    • Installed programs and active processes information; and
    • Application log file information and registry data.

    All of the collected information as set out above is necessary for the purpose delivery of the Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of PC Tools’ products and services. The information may be transferred to the PC Tools group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but PC Tools has taken steps so that the collected information, if transferred, receives an adequate level of protection.

    PC Tools may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, PC Tools may share certain information with research organizations and other security software vendors. PC Tools may also use statistics derived from the information to track and publish reports on security risk trends.

    Full details of PC Tools’ privacy policy can be found here: www.pctools.com/en/info/privacypolicy/

  5. Other Important Information
    1. 5.1. Disclaimer of Warranty TO THE EXTENT PERMITTED BY APPLICABLE LAW, PC TOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PC TOOLS MAKES NO WARRANTIES THAT: (I) TH SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THESERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. PC TOOLS DOES NOT WARRANT THIRD PARTY PRODUCTS.

    2. 5.2. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL PC TOOLS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF PC TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL PC TOOLS’ LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SERVICES OR FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.

    3. 5.3. Proprietary Rights. PC Tools or its licensors or suppliers retains ownership of all proprietary rights in the Services, the Site, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of PC Tools’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services.

    4. 5.4. Force Majeure. PC Tools shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond PC Tools' reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, PC Tools may be excused from such performance to the extent it is delayed or prevented by such cause.

    5. 5.5 Export Regulation. You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All PC Tools product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.

  6. General

    The Terms will be governed by the laws of the State of California, United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and PC Tools relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact PC Tools for any reason, please write to: PC Tools Customer Service, 350 Ellis Street, Mountain View CA, 94043, U.S.A.