EULA
Hello again!
This is our EULA (End User License Agreement) page. It’s where we set out the terms of our legal licensing arrangements between us, Clario, and you, our lovely subscriber.
Now, it might all appear a little complicated but these documents are important, so please take a look. As always, just get in touch with us if you have any questions.
CLARIO PREMIUM SERVICES
END USER LICENSE AGREEMENT FOR CLARIO PREMIUM SERVICES
Effective date: 01.05.2023
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE CLARIO PREMIUM SERVICES. BY USING THE CLARIO PREMIUM SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE CLARIO PREMIUM SERVICES.
SCOPE OF AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between you (the "User") and Clario Tech DMCC, with its principal office at Jumeirah Lakes Towers, Dubai, UAE ("Licensor") for the use of Clario Premium Services (the "Service").
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 our Services, you certify that you are of legal age or have the requisite permission, and you agree to be bound by terms of this Agreement. The Lisensor may in its sole discretion terminate this Agreement 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 THE SERVICES
Upon purchase any of our Services, the User shall be eligible for support of a live specialist available 365 days a year, 24 hours a day.
General Tech Services
Features of the General Tech Services may include any of the following:
- User's OS Installation and Adjustmen
- Data Transfer, Operating System update
- Secure Data Backup, Account Management
- Security and Privacy Protection Configuration
- Semiannual Maintenance, New Mac QuickStart
- User'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, User'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
The Services described above is limited to the list above and cannot be done if beyond its scope. The issue cannot be resolved or can be resolved only partially, if it is beyond the Lisensor’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
Services for Smart Home Devices
Features of the 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
TYPES OF SUBSCRIPTIONS
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:
- Standard - this plan covers one Userr’s computer and all devices (iPad & Tablets, iPhone & Smartphones).
- Premium - this plan covers three User’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
6-month plan - this is a six-month subscription plan, which covers three User’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
12-month plan - this is a year subscription plan, which covers three User’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 User’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 User’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
60-month plan - this is a five-year plan which covers five User’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
60-month advanced plan - this is a five-year plan which covers five User’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 User’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.
GRANT OF LICENSE
Subject to the terms and conditions of this EULA, Licensor grants to User a non-exclusive, non-transferable license to use the Service. User may not copy, modify, distribute, sell, or transfer the Service or any portion thereof. User may not reverse engineer, decompile, or disassemble the Services, except to the extent that such activity is expressly permitted by applicable law.
It is forbidden 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 the Licensor’s 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. Licensor reserves the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand User to immediately cease any activity in respect of which permission is withdrawn.
MODIFICATION
Licensor reserves the right to modify, add to, discontinue, and/or retire any Services and/or any feature of the Services at any time. Licensor may also modify the terms and conditions that apply to the features that are used buy the User. Licensor shall make reasonable attempts to provide User with notice of such modifications by posting them on its website. Licensor has no obligation to provide direct notice of any such changes.
CONSENT TO RECEIVE PHONE CALLS
By accepting this EULA, User consents to receive phone calls from Licensor for the purpose of registration, providing technical support, customer service, and product updates related to the Services. User may withdraw this consent at any time by contacting Licensor in writing.
AUTHORIZATION TO ACCESS COMPUTER OR MOBILE DEVICE
User agrees that while using the Services, User is authorizing the Licensor to access and control its computer and/or mobile device via remote access software for the purposes of diagnosis, service, and repair. User further authorizes Licensor to download software (as described further below) and modify any system setting in connection with the Services. Users must provide consent and follow agent instructions to initiate any remote support session.
THIRD PARTY SOFTWARE
Licensor 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. Licensor uses a remote control software LogMeIn® or TeamViewer for logging in Userr’s device. By accepting thus EULA, User shall be automatically agree to the LogMeIn® and TeamViewer Terms & Conditions, EULA and Privacy Policy. User shall not agree to 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 USER’S BEHALF
User acknowledges and agrees that use of all Licensor’s software and third-party software and tools accessed, downloaded or otherwise provided or made available within the Services (collectively "Software") is subject to the license agreements that may appear or be referenced when such Software accessed or downloaded. User hereby agrees that Licensor may download to User's computer or mobile device, as well as utilize Software while performing the Services.
Further, User hereby authorizes Licensor, as User's agent, to accept any applicable third-party license agreements for Software on behalf of the User. Usder agrees that Licensor may, but is not obligated to, remove any Software downloaded to User's computer and/or mobile device during the Services after Licensor has completed or terminated the Services.
In the event Licensor uses any third-party tool(s) in its provision of the Services, Licensor may collect and retain any log files or other transactional data generated by such third-party tool(s). All rights, titles and interests in any log files or other transactional data generated by third-party software utilized in Licensor's provision of the Services shall vest and shall remain with the Licensor. To the extent the foregoing sentence conflicts with the terms of any third party Software license agreement, User hereby irrevocably assigns to Licensor any interest in any log file or transactional data generated.
MONITORING OF THE SERVIVCES
Licensor 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. User hereby grants permission to Licensor 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 the User; to protect itself or its users; and to enhance the types of Services Licensor may provide to in the future. User agrees that call recording is necessary to maintain the quality of the Services and User shall not opt out of call recording while this Agreement is in effect.
MINIMUM TECH AND SYSTEM REQUIREMENTS
PC: Windows 8; 4GB RAM; Dual Core processors.
Mac: OS 10.9 or higher.
Android: 8 or higher.
iOS: 9.0 or higher.
Hardware setup requirements: Cable; Original Install disc.
USERS RESPONSIBILITY TO BACK-UP DATA
User agrees that prior to services rendering to User’s equipment, it is the User's responsibility to:
- Back-up the data, software, information or other files stored on User's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device.
- Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from User's product.
- User agrees that whether or not User requests back-up services from Licensor and/or its third party service providers, neither Licensor 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.
PRIVACY
We take your privacy seriously. By using our Services, you agree to our Privacy Policy, which you can read by clicking here.
PAYMENT TERMS
User agrees to pay all fees associated with the Services in accordance with the payment terms specified by Licensor. Licensor reserves the right to change the fees for the Service at any time.
NTELLECTUAL PROPERTY RIGHTS
The Service and all associated intellectual property rights are owned by Licensor and are protected by applicable copyright, patent, trademark, and trade secret laws. User acknowledges that it is not acquiring any ownership interest in the Service or any associated intellectual property rights under this EULA.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS THE USER'S SOLE RESPONSIBILITY TO BACK-UP THE SOFTWARE AND DATA THAT IS STORED ON ITS COMPUTERS, HARD DISK DRIVE(S), AND/OR ON ANY OTHER STORAGE DEVICES. WHILE RENDERING THE SERVIVES LICENSOR SHALL NOT BE LIABLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES AS WELL AS FOR ANY DAMAGES ARISING FROM ANY SERVICES OR SOFTWARE OR OTHER PRODUCT SUPPLIED TO USER. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, LICENSOR'S MAXIMUM LIABILITY TO USER ARISING FROM OR RELATED TO UNDER THIS AGREEMENT SHALL BE LIMITED TO THE SUMS PAID BY USER TO LICENSOR UNDER THIS AGREEMENT DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.
FAIR USE POLICY
Licensor reserves the right to, suspend User’s account or limit its access to the Services at its sole discretion, in particular, if there is any rudeness, aggression, threats, spam, and/or other verbal abuse towards our agents.
TERMINATION
This EULA shall remain in effect until terminated by either party for any reason at any time. Licensor may terminate this EULA immediately if User breaches any of its terms or conditions. User agrees that any termination of its access to the Services may be effected upon prior notice and User agrees that the Licensor shall not be liable to User or any third party for any such termination. Upon termination, User must immediately cease all use of the Services and destroy all copies of the software that was in possession of the User and was necessary to render the Services (if applicable).
GOVERNING LAW
This EULA shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
Any dispute, controversy or claim arising out of this Agreement or any breach thereof, shall be resolved amicably. In case an amicable settlement cannot be reached, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, 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).
Any arbitration shall be conducted on an individual basis and not on a class-wide basis. The number of arbitrators shall be one.The language used in any arbitral proceedings shall be English.
ENTIRE AGREEMENT
This EULA constitutes the entire agreement between User and Licensor with respect to the Service and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
SEVERABILITY
If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGEMENT.
User acknowledges that it has read this EULA, understands it, and agrees to be bound by its terms and conditions. In case of any questions regarding this Agreement, User may contact us at legal@weareclario.com.
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