Effective Date: July 12, 2019
THESE TERMS OF SERVICE ("TERMS OF SERVICE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF UNINSTALLOR SERVICE AND YOUR RELATIONSHIP WITH UNINSTALLOR. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS.
THESE Terms of Service, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND UNINSTALLOR (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by Uninstallor in writing or by an e-mail. You must agree to the Terms of Service in order to be eligible to use the Uninstallor Portal and software(defined below), or obtain Services (defined below).
Certain terms defined in these Terms of Service are also used in the Privacy Policy and are incorporated by reference to these Terms of Service.
"You" means you individually, any person, including any employer that you are acting on behalf of.
"Uninstallor" is the service mark of Uninstallor.com. All references to Uninstallor refer to Uninstallor.com.
"Subscription Plans" are tenured Subscription plans offered by Uninstallor that are active for a specified period and will also include Basic, Pro & Business plans.
"Uninstallor License Key" is provisioned to the Subscription plan you have purchased, and can be activated to use the Uninstallor app according to your subscription plan.
All references to "Services" refer to any Uninstallor service plan that you enter into with Uninstallor through use of the Uninstallor web portal located at Uninstallor.com (the "Uninstallor Portal") or by using the Uninstallor client software published on the web portal. These Terms of Service govern all plans available through the Uninstallor Portal, and any use of the Uninstallor Portal. In the event of any conflict these Terms of Service control any Plan Order form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Uninstallor Portal are the proprietary and copyrighted work of Uninstallor and/or its suppliers. The definition of other Uninstallor owned, operated, licensed or controlled site.
"Software" means a computer program of any kind, whether owned by Uninstallor or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Uninstallor Software and Third Party Software.
You may order Services by submitting Plan Orders through the Uninstallor Portal. Once Uninstallor accepts the Plan Order submitted by you, then you will receive an email from Uninstallor at the email address that you provide or have provided to Uninstallor as part of the Registration Process for the Services. Upon acceptance by Uninstallor of a Plan Order, you will have access to your paid Service Plan and free software license.
Subject to the Terms of Service, and other terms specific to each Service Plan, Uninstallor will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Uninstallor will attempt problem diagnosis and a solution over the Internet, through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be essential software from the remote session; however, there may be some essential software installed on your computer to help you keep away from the specific problem and a text file placed on your computer to explain the work that was done on your computer. If such software is installed and/or a text file is placed on your computer, you have the option to either keep the application/file or to delete it from your computer. All undertakings under Service Plans are subject to Uninstallor's Limited Warranty, which is set forth below.
If you initially sign up for a Per Incident, Monthly or Yearly account, you need to pay before your service is delivered. For Per Incident account owner, your payment will be one time only.
You understand that certain Service Plans may have onetime fee including, but not limited to "Service Fee" and/or "Activation Fee". This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
Credit Card Billing. A valid credit card is required for paying accounts. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Uninstallor to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Uninstallor and/or any other company who bills products or services, or acts as billing agent for Uninstallor to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Uninstallor with updated credit card information upon Uninstallor's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Uninstallor nor any Uninstallor affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Uninstallor's option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the Terms of Service established by the credit or debit card issuer.
You understand that Uninstallor subscription will renew at end of your subscription cycle unless explicitly stated otherwise.
Your credit card or PayPal account will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Uninstallor.
All Uninstallor services come with a money-back guarantee. In case that our technicians couldn't resolve your computer problem or our repair didn't work, contact Uninstallor back within 30 days of service delivery so we can either try to resolve your computer problem again at no cost to you or provide you a full refund for the purchase price.
The Uninstallor Privacy Policy which is an integral part of these Terms of Service, is incorporated here by reference. If you have not yet reviewed the Uninstallor Privacy Policy, then please do so prior to agreeing to these Terms of Service. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Uninstallor over the telephone, electronically or otherwise, is not confidential or proprietary to you.
Uninstallor collects your Personal Information only where it is required in order to provide you the best services and products available. By maintaining an accurate customer database, we are able to send notifications via e-mail to keep you informed about the status of your orders or accounts and to provide updates and technical notices. These messages are essential to the maintenance of your subscription and the functionality of our products and services. Uninstallor does not intentionally collective "sensitive personal information," which induces, for example, Personal Information specifying medical or health conditions, racial or ethnic origin, or trade union membership.
Uninstallor collects your Personal Information at a variety of points, including when you visit the Web Site, subscribe a service letter, request services or take part in other activities on our Web Site. When you subscribe our service letter, you will be provided with an option to opt-out of receiving promotional information on our products and services. Please be aware that if you prefer not to provide us with your Personal Information, because such information may be necessary for us to provide certain services, we may not be able to, or may choose not to, make such services available to you. Uninstallor uses the third-party email managing software MailChimp (www.mailchimp.com) to manage all email subscriptions. You can always unsubscribe our service letter by clicking the unsubscribe here button within the email or go to the address and then enter your email to proceed.
If you no longer wish to receive the Uninstallor 's promotional communications, you may "opt-out" of receiving them by following the instructions included in each communication or by e-mailing the Uninstallor at info@uninstallor.com.
Uninstallor is committed to protecting your privacy. Uninstallor will not, under any circumstances, rent or sell your Personal Information, nor does Uninstallor trade or exchange mailing lists with any other organization. Uninstallor may disclose your Personal Information, or other information that we receive in the course of our interactions with you, when we believe that disclosure is (a) required by law, (b) necessary to protect the rights, property or safety of Uninstallor or its employees, its customers, or others, and/or (c) is necessary to comply with a lawful request, court order, or legal process served on Uninstallor. If you choose to contact Uninstallor via Uninstallor client or online chat, there will be no information stored by Uninstallor. However, you may be asked to provide an email address and a valid username to get properly supported.
Uninstallor uses "cookies" to collect non-Personal Information that enables us to better understand and improve the usability, performance and effectiveness of Uninstallor's Web Site, and for reporting purposes to track sales. Uninstallor also uses a third-party affiliate platform CJ.com (http://www.cj.com/privacy_web_user.html）to track affiliate sales. The information that CJ.com collects and provides to Uninstallor is not personally identifiable and contains no Personal Information. Cookies are unique text files sent to your browser and stored on your computer. We do not store any Personal Information with these cookies. If you do not want Uninstallor to attach cookies to your browser, you can set your browser options to reject cookies or notify you when the Web Site tries to put a cookie in your browser software.
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
As a condition of your use of the Uninstallor Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Uninstallor server, or the network(s) connected to any Uninstallor server, or interfere with any other party's use and enjoyment of any of the Uninstallor Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Uninstallor Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Uninstallor server or to any of the Uninstallor Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Uninstallor Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though Uninstallor has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Uninstallor's "fair use" policy. Under this policy, if at any time, in Uninstallor's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Uninstallor reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Uninstallor reserves the right to suspend or terminate any Subscription Services of any Subscriber that Uninstallor, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Uninstallor; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the Uninstallor Portal, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold Uninstallor, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Uninstallor's defense of any claim. Uninstallor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Uninstallor. You agree immediately to notify Uninstallor of any unauthorized use of your account or any other breach of security known to you.
As permitted through a Service, you may use Materials and Software published on the Uninstallor Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
Any other use of the Uninstallor Portal, Services, Materials or Software, other than as explicitly permitted by Uninstallor is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Uninstallor and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the Uninstallor Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
You hereby acknowledge that circumstances outside of Uninstallor's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Uninstallor's ability to schedule a support session. You hereby release Uninstallor from any and all liability, and agree that Uninstallor shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
Uninstallor or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
"Services" shall not include the following:
For your convenience, Uninstallor may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Uninstallor Web site may be copied or retransmitted unless expressly permitted by Uninstallor.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
In connection with our Service, we may provide to you, the use of certain software which is owned by Uninstallor or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Uninstallor or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the Terms of Service of the EULA.
With regard to any Software made available to you by Uninstallor through the Uninstallor Portal for which your acceptance of a separate license agreement is not required ("Uninstallor Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Uninstallor to use the Uninstallor Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Uninstallor Software. You agree that the Uninstallor Software is the confidential and proprietary information of Uninstallor or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Uninstallor Software, or otherwise reduce the Uninstallor Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Uninstallor Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Uninstallor Software. You acknowledge that this license is not a sale of intellectual property and that Uninstallor or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Uninstallor Software and related documentation, as well as any corrections, updates and upgrades.
As part of the Services, Uninstallor may suggest that you acquire and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the Terms of Service set forth by such owners or licensees before installing Third Party Software, whether Uninstallor assists you in the acquisition, installation, and/or use of Third Party Software. Uninstallor has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. You can review all their privacy policies that the Third Party Software currently used by Uninstallor:
Your license to the Uninstallor Software shall remain in full force and effect unless and until terminated by Uninstallor, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms of Service. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Uninstallor Software and immediately delete the Uninstallor Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the Terms of Service under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
As part of the Services, Uninstallor may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Uninstallor may elect to make available from time to time. Violation of such third party provider's terms of service may, in Uninstallor's sole discretion, result in the termination of your customer account and use of service.
Uninstallor is currently using the following payment services as payment processor:
Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
UNINSTALLOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. UNINSTALLOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNINSTALLOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL UNINSTALLOR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
Notwithstanding anything to the contrary in no event shall Uninstallor be liable to you in excess of the amounts actually paid by you to Uninstallor under the Plan Order that is the subject of the dispute.
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
Uninstallor at its sole discretion may terminate or suspend your Service immediately without notice if, in the sole discretion of Uninstallor: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Uninstallor's network, or the use and enjoyment of Uninstallor's other users; (c) Uninstallor receives an order from a court to terminate the Service you are availing ; (d) if Uninstallor for any reason ceases to offer the Service; (e) if you are no longer a Uninstallor customer, or (f) Uninstallor determines that you are abusing the Service. Uninstallor, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Uninstallor's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Uninstallor Portal is available internationally and may contain references to Uninstallor products, services, and programs that are not available in a viewer's country. These references do not imply that Uninstallor intends to make such products, services, or programs available in such country.
Uninstallor reserves the right to amend the Terms and Condition, and the Uninstallor Portal at any time by (a) posting a revised version of the Terms of Service on the Uninstallor Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Uninstallor in connection with registration. You are responsible for regularly reviewing the Uninstallor website to be notified of any amendments to the Terms of Service. Your use of the Uninstallor Portal, or the Services after an amendment to the Terms of Service shall be deemed acceptance by you of the amended Terms of Service.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
If you have any questions about the privacy policy at our Web site, please e-mail your inquiries to info@uninstallor.com.