Effective Date:Last Updated: 11 May 2020 (Recent changes in blue)
This End User License Agreement (hereinafter “Agreement”) is a legal agreement between you (either an individual or a legal entity) and GotYourBack Technologies Ltd., with its principal office at 36 Aigyptou Avenue, 6030 Larnaca, Cyprus (hereinafter “GotYourBack” or “Company”) for the use of GotYourBack Premium Assistance Service (hereinafter “Premium Assistance”).
This Premium Assistance Terms of Service (hereinafter “Service Terms”) is provided to you (“Customer”) in connection with the subscription license that Customer has purchased.
DESCRIPTION OF SERVICE
Upon purchase of the Service, Customer shall be eligible for live specialist support for computer and mobile device problems, available 365 days a year, 24 hours a day. Features of the Service may include any of the following:
Customer’s OS Installation and Adjustment
Keep the operating system up to date
Secure Data Backup
Manage Your Accounts
Manage Security and Privacy Protection
New Mac QuickStart
Customer’s OS Setup and Troubleshooting
Resolve free space issues
Network connection troubleshooter
iCloud issues troubleshoot
Creation and troubleshooting of local network
Troubleshoot booting issues
Battery Power Saver
Customer’s Hardware Setup and Troubleshooting
Other devices troubleshoot
Apps-Related Issues Resolving
Consultation By An Expert
The issue can’t be resolved in case it lay beyond the scope of GotYourBack’s responsibility: detailed product support for 3rd party software applications which lie outside Microsoft Windows, OS X or the supported versions of Android and iOS, hardware failure, application’s vendor’s side, Internet service provider or other. Service provision is restricted to the statements above and cannot be done if beyond its scope.
The 1-Time Fix service includes one fix with a 3-month warranty period and covers 1 computer.
Monthly Single Device Plan – this subscription plan includes one-time fix and covers one Customer’s computer or device.
Monthly Multiple Device Plan – this plan includes one-time fix and covers up to three Customer’s computers and all devices.
Please note that these subscription plans will be prolonged automatically on a monthly basis after the end of each subscription period. You can cancel your subscription at any time.
6-month plan – this is a six-month subscription plan, which covers three Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
12-month plan – this is a year subscription plan, which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
24-month plan – this is a two-year subscription plan, which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
Please note that these subscription plans will be prolonged automatically after the end of each subscription period. You can cancel your subscription any time.
You may be qualified for a discount given out by our Customer Support Agent.
You shall not, and you shall not cause or allow any third party to lease, lend, loan, use for timesharing, sell, resell, charge for, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to a subscription plan without our prior written consent, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
MODIFICATION TO TERMS OF SERVICE AND SERVICE
GotYourBack reserves the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on our website. We have no obligation to provide direct notice of any such changes. We have the right to define eligibility criteria for the Services, and make changes to those criteria at any time. If we modify or update these Terms of Service and/or Services, you have affirmatively agreed to such changes by continuing to use the Services. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service.
CONSENT TO RECEIVE TELEPHONE CALLS
Customer may provide GotYourBack with a telephone number when registering for or using the Services or in the course of communication with GotYourBack representatives. This number will be used by GotYourBack only. By providing a telephone number, Customer consents to calls at that mobile or landline number by GotYourBack, including calls to that number using equipment that has the capacity to autodial. Customer is under no obligation to provide a telephone number and the Services are in no way conditioned upon Customer providing a telephone number.
AUTHORIZATION TO ACCESS COMPUTER OR MOBILE DEVICE
Customer agrees that by using the Services, Customer is authorizing GotYourBack to access and control Customer’s computer and/or mobile device via remote access software for the purposes of diagnosis, service, and repair. Customer further authorizes GotYourBack to download software (as described further below) and modify any system setting in connection with the Services. Customer must provide consent and follow agent instructions to initiate any remote support session.
THIRD PARTY SOFTWARE
AUTHORIZATION TO ACCEPT LICENSE ON CUSTOMER’S BEHALF
Customer acknowledges and agrees that use of all GotYourBack software and third-party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) is subject to the license agreements that may appear or be referenced when such Software accessed or downloaded. Customer hereby agrees that GotYourBack may download to Customer’s computer and/or mobile device and utilize Software in the performance of the Services; Further, Customer hereby authorizes GotYourBack, as Customer’s agent, to accept any applicable third-party license agreements for Software on Customer’s behalf. Customer agrees that GotYourBack may, but is not obligated to, remove any Software downloaded to Customer’s computer and/or mobile device during the Services after GotYourBack has completed or terminated the Services. In the event GotYourBack uses any third-party tool(s) in its provision of the Services, GotYourBack may collect and retain any log files or other transactional data generated by such third-party tool(s). All right, title and interest in any log files or other transactional data generated by third-party software utilized in GotYourBack’s provision of the Services shall vest and shall remain with GotYourBack. To the extent the foregoing sentence conflicts with the terms any third party Software license agreement, Customer hereby irrevocably assigns to GotYourBack any interest in any log file or transactional data generated.
MONITORING OF THE SERVICES
GotYourBack may monitor and shall record its provisions of the Services, including recording telephone calls and/or online sessions, for purposes of improving customer service, internal training, and internal market research. Customer hereby grants permission to GotYourBack to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests; to provide the Services to Customer; to protect ourselves and/or our users; and to enhance the types of Services GotYourBack may provide to in the future. Customer agrees that call recording is necessary to maintain the quality of the Services and Customer shall not opt out of call recording while these Service Terms are in effect.
We may cooperate with other businesses and share the information we collect with our affiliated companies. The information includes recorded phone calls and can be used for legal purposes and service improvement only. Sharing information with our affiliates enables us to provide you with information about products and services that might interest you.
WHERE WE STORE YOUR INFORMATION
Information we collect or permit third parties to collect may be transferred to, stored and processed outside your country of residence in any country or territory where one or more of our affiliated group companies, third-party service providers or advertising companies or advertising networks are located or maintain facilities, including but not limited to the United States and Ireland.
MINIMUM TECHNICAL AND SYSTEM REQUIREMENTS
In order for GotYourBack to provide proper servicing there are certain minimum technical and system requirements which Customer must have:
Dual Core processors.
OS 10.6 or higher;
2.3 or higher;
6.0 or higher;
Hardware setup requirements:
Original Install disc.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Premium Assistance servicing any Customer equipment it is Customer’s responsibility to:
Back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device.
Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product.
Customer agrees that whether or not Customer requests back-up services from GotYourBack and/or its third party service provider, neither Premium Assistance nor its third party service provider 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.
GotYourBack values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services and may require a refund, please get acquainted with our refund policy.
Please note that purchasing a subscription license confirms Customers’ awareness of the features and functionality of the service, as they should have already examined EULA, information and description about the service set forth in this agreement and on the official website.
Refunds are given in case of problems directly related to the quality of our service.
Refund Terms and Conditions:
The contract can be revoked with a guarantee of a full refund within 14 days.
After 14 days, but within 6 months from the date of purchase, the customer can receive a refund in the amount that corresponds to the difference between the price of the subscription plan and the price of a 1 (One) Time Fix service ($149).
If the service is used for more than 6 months, it becomes non-refundable.
A refund request can be claimed only during the subscription period.
Before requesting a refund, the customer must inform our Premium Assistance department of any issues that may arise in relation to our service.
Our Support department agents are obliged to take all possible actions within their competence to fix the problem. If they confirm that the problem cannot be fixed, the refund will be given. The company is not responsible for any independent actions taken by the customer or help from third-party companies.
After receiving the refund request the support agents may need from 1 to 5 days to process the received materials and provide the qualified reply.
If a refund can not be provided due to the terms and conditions set forth herein, the customer will be notified about the denial via email or phone as soon as possible.
Once the refund is completed, further usage of the service becomes illegal.
The average time of the refund procedure is 5-7 days (the amount of time needed by the bank to process the payment). In case there is a doubled charge due to circumstances beyond the customer’s control, the Company is obliged to give the refund upon the first customer’s request. All processing fees are non-refundable.
The logics of the Refund Policy also applies to refunding a subscription plan purchased with any type of discount.
LIMITATIONS TO SERVICE
GotYourBack shall not be liable for any failure or delay in performance due to any cause beyond its control. GotYourBack and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these service terms, as determined by GotYourBack.
GotYourBack shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond GotYourBack’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and GotYourBack relating to Premium Assistance and supersedes all prior oral or written communications and representation with respect to Premium Assistance or any other subject matter covered by this License Agreement. If any of the provisions of this license 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 part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
Customer agrees to indemnify, defend, and hold harmless GotYourBack (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by GotYourBack by reason of, or arising from the following:
Customer’s breach of this Agreement;
Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
Customer’s actual or alleged failure to promptly pay sums due to “GotYourBack” or third parties;
Customer’s failure to comply with applicable laws, regulations or ordinances;
The acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOTYOURBACK 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. GOTYOURBACK MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES “Premium Assistance” MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GOTYOURBACK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
LIMITATION OF LIABILITY
GOTYOURBACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GOTYOURBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. GOTYOURBACK UNDER ANY CIRCUMSTANCES SHALL NOT BE LIABLE FOR ANY MATERIAL OR FINANCIAL LOSS CAUSED BY CUSTOMER’S INTERRUPTION OF THE FIXING PROCESS (e.g. turning off the computer during the fixing session) AND/OR PHYSICAL BREACH OF THE DEVICE DURING THE FIXING SESSION.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and GotYourBack in relation to Premium Assistance shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. GotYourBack in relation to Premium Assistance shall not be liable in any way for damages arising from any service or software or other product supplied to Customer by GotYourBack. Notwithstanding any language to the contrary, GotYourBack’s maximum liability to Customer arising from or related to GotYourBack under this Agreement shall be limited to the sums paid by Customer to GotYourBack under this Agreement during the three months prior to the time the cause of action arose.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of the United Kingdom, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
For all purposes of this License, each of GotYourBack’s third-party licensors of Premium Assistance shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
QUESTIONS OR COMMENTS
Should you have any questions or comments regarding this License or the limited warranty, you may contact GotYourBack Technologies Ltd. in writing at 36 Aigyptou Avenue, 6030 Larnaca, Cyprus or via email.