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

END USER LICENSE AGREEMENT

Effective date: 22.09.2020

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“EULA” OR “AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). CLARIO TECH LIMITED, LOCATED AT 7 STRATFORD PLACE, MARYLEBONE, LONDON, UNITED KINGDOM, W1C 1AY (“COMPANY”), IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING IT (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND THE COMPANY. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL”, “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE.

ELIGIBILITY

You must be 16 years of age or older to install and use the software. If you are at least 16 but not yet 18 years of age, please have your parents or legal guardian review this EULA with you, discuss any questions you might have, and install the Clario software on your behalf.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access Clario software, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the software. If you are the parent or guardian of a child under 16 and believe that he or she is using the software, please contact us at legal@weareclario.com.

grant of license

The Clario software (including any accompanying features and services) and documentation (including any product packaging) (the “Documentation”), that accompanies this EULA (collectively the “Software” or “Clario”) is the property of the Company or its licensors and is protected by copyright law.

The Company (or its licensors) grants You a limited, non-exclusive, non-transferable, non-sublicensed, non-commercial, and revocable license to download, install and use the Software (in whole or in part) for such time until either You or the Company terminates this EULA. You must in no event use, nor allow others to use, the Software or this License for commercial purposes without obtaining a license to do so from the Company in written form. You can have up to three devices registered at a time to run the Software.

Although the Company continues to own the Software, after Your acceptance of this Agreement You will have certain rights to use the Software on a computer or mobile (“Device”) during the Service Period. The “Service Period” shall be the period for which You have obtained the rights to use the Software. The Software may be automatically deactivated and become non-operational at the end of the Service Period. You will not be entitled to use Clario or receive any updates unless the Service Period is renewed.

You shall not cause or allow any third party to:

  1. decompile, disassemble or reverse-engineer the Software; or create or recreate the source code for the Software;
  2. remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on the Software;
  3. 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 the Software without our prior written consent, except as expressly provided herein. Any attempt to do so in any other way shall render the license null and void;
  4. use the Software: (i) to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise; (ii) on websites where You have agreed "not to use any ad blocking solutions", for instance by agreeing to the Terms of Services on the respective websites; (iii) to circumvent technological measures controlling access to websites;
  5. repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Software;
  6. combine or merge any part of the Software with or into any other software or documentation, or refer to or otherwise use the Software as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Software or to compete with Clario Tech Limited;
  7. publish any performance or benchmark tests or analysis relating to the Software, except with the Company’s prior written permission.

description of the functionalities

Clario is an application that secures online identity, browsing, connections, guards personal data and fixes device vulnerabilities. It does this by:

  1. Helping to detect potentially harmful files infected with viruses, spyware, malware, and so on by running real-time monitoring and blocking from running malicious files. You can scan a specific file or folder for viruses, or check Your entire device.
  2. Protecting users’ browsing activity (searches, websites) from being tracked through blocking trackers on websites, connecting users to virtual private networks, as well as blocking intrusive online ads.
  3. Monitoring Your accounts for data breaches and providing tech experts to assist You with the consequences of personal data leakage.

Certain technical support is offered from within the Software, phone, or chat (live chat) 24/7.

The Software can be run on the following operating systems: macOS, iOS, and Android. The features may vary depending on the kind of operating system.

FREE TRIALS

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected on the last day of the Free Trial period, unless you have cancelled your Subscription. At any time, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

RECURRING PAYMENTS FOR SOFTWARE

Our Software is billed on a subscription basis (“Subscription(s)"). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically monthly or yearly. You agree to pay for the subscription you select for the Software and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments.

At the end of each Billing Cycle, Your Subscription will automatically renew under the same conditions unless You cancel it or we cancel it. You may cancel your Subscription renewal by contacting our customer support team at hello@weareclario.com. Once you have cancelled Your automatic renewal, recurring subscription fees for Service fees will no longer be charged to the payment method we have on file for Your account. Your subscription will remain active only until the end of the term for which you have fully paid the Software fee. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide our third-party payment processor with accurate and complete billing information including full name, email address, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Software, along with any transaction fees and currency conversions added by Your financial institution and intermediaries. If the billing method we agree is by credit or debit card (“Payment Card”), You:

  1. represent that you are authorized to use such Payment Card;
  2. authorize us to charge your Payment Card on a periodic basis for the Fees when due, including upon sign up for the Software and upon renewal;
  3. agree to keep your Payment Card details valid and current and;
  4. agree to pay any processing fees charged by the third-party payment processors or Payment Card issuer. If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate Your Subscription.

USER ACCOUNTS AND DATA

When You create an account, You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement. You are responsible for safeguarding the password you use to access the Software.

You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

For your username, you may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

COPYRIGHT OWNERSHIP 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 the Company or its licensors. All rights not specifically granted by the Company are reserved by the Company. You agree to not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the Software. You agree to not remove any label indicating that the Company is the subject of copyright and other intellectual, industrial, or proprietary rights of the Company and/or third parties. The Software is protected by all applicable copyright laws and international treaties.

FEEDBACK

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. Further, You effectively irrevocably waive and agree never to assert any claims against the Company or any of the Company's successors in interest with respect to Feedback You submit or provide to us. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by You.

OPEN-SOURCE 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 the Company under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source Code components from the Company under this EULA 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.

EXPORT REGULATION

The Software and Documentation may be subject to export control laws of one or more countries or jurisdictions. The End User 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. The End User 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.

THIRD-PARTY SOFTWARE

We also use third-party software components, which are subject to different Privacy Policies and other Terms & Conditions. By accepting our EULA and Privacy Policy, You automatically agree to the terms and conditions of NordVPN Terms of Service and Privacy Policy while using VPN functionality, LogMeIn® Terms of Service and Privacy Policy while using built-in chat and remote support, and BitDefender Privacy Policy and Terms of Services while using antivirus protection. Do not use the Software if You disagree with these terms.

PRIVACY

Under the terms of this Agreement the data You share with us and the privacy of that data is governed by our Privacy Policy (“Policy”). From time to time, we may amend this Policy required in response to changing legal, technical or business developments and we recommend reviewing it to stay up to date. When we update our Policy, we will take appropriate measures to inform You, consistent with the significance of the changes we make (via email or by displaying the information within our product or website). The most current version of the Privacy Policy can always be found on the Privacy Policy page of our website.

TERMINATION

Termination by the Company. The Company may terminate Your use of the Software or discontinue providing access to the Software 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, or uninstalling the Software. Here you can find information on how to uninstall Clario - FAQ.

CHANGES TO THIS AGREEMENT

The Company reserves the right, in its sole and absolute discretion, to make changes to this Agreement at any time for a variety of reasons, such as security, legal, best practice, regulatory etc. If a revision materially impacts Your rights as determined by the Company in its sole discretion, we will use reasonable efforts to notify You in advance of the change becoming effective, including by sending a notification to the email address (es) associated with your account or a pop-up or banner within the Software. You can review the most current version of this Agreement by clicking on the “EULA” link located on the Software or Clario website. Changes will be effective no sooner than the day they are publicly posted. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You should immediately uninstall the Software. By continuing to use the Software after the date the changes become effective, You indicate Your agreement to be bound by the updated Agreement.

CHANGES TO THE SOFTWARE

This Agreement governs any releases, revisions, updates, upgrades or enhancements to the Software and services made available to You. It may be necessary in order to continue using the Software on certain hardware. You agree that the Software may install modifications automatically. In case the Software update contains any paid offers, You will be notified about this via the Software itself, and You will have the possibility to decline the installation of such updates. You may have the right to refuse the installation of new updates and upgrades of the Software. However, in that case, the Company does not accept any responsibility for further proper work of the Software and services. You agree that the Company may stop to support previous versions of the Software upon availability of an updated version.

SURVIVAL OF PROVISIONS

By their nature, these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Software shall not relieve You of any obligations arising or accruing prior to termination or limit any liability that You otherwise may have to the Company or any third party.

LIMITED LIABILITY

THE COMPANY DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FUNCTIONS AND FEATURES ARE SUBJECT TO CHANGE WITHOUT NOTICE AFTER INSTALLATION BY THE USER. ALL USERS MUST ACCEPT ALL CHANGES MADE TO THE SOFTWARE, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF CLARIO TECH LIMITED ELECTS, IN ITS SOLE DISCRETION, TO DISCONTINUE IT.

THE COMPANY SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY THE LICENSEE TO THE COMPANY FOR THE SOFTWARE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF CLARIOIS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLARIO TECH LIMITED OR THROUGH THE SOFTWARE 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.

INDEMNIFICATION

You shall defend the Company, 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, demands and/or actions. You will indemnify and hold the Company, 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 Agreement, 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 the Software. The Company 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. You agree to fully cooperate with the Company upon its request.

FORCE MAJEURE

The Company shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond the Company’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, dislocating servers, DDoS attacks, hacking attacks, viruses, 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.

US GOVERNMENT RIGHTS

The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.

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 the Company relating to the Software and supersedes all prior oral or written communications and representation with respect to the Software or any other subject matter covered by this Agreement. If any of the provisions of this Agreement are 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.

GOVERNING LAW AND JURISDICTION

THIS EULA REQUIRES THE USE OF MEDIATION AND ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS IN COURT.

This Agreement shall be interpreted, construed as if both Parties jointly wrote it, and shall be governed by the laws of England and Wales.

Any dispute arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved 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.

QUESTIONS

We are open to any questions, comments and suggestions on this Agreement. Please address all Your inquiries to legal@weareclario.com.