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SafeApp Live Support Terms and Conditions |
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THESE "TERMS AND CONDITIONS" ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCEPT THE SAFEAPP LIVE SUPPORT SERVICES OF SAFEAPP SOFTWARE, LLC ("SAFEAPP"). BY PROCEEDING TO USE THE SAFEAPP LIVE SUPPORT SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS AND CONDITIONS, AND ARE AGREEING TO BE BOUND BY THEM WITHOUT MODIFICATION AND UNDERSTAND THAT THESE TERMS AND CONDITIONS SHALL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND SAFEAPP. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHOUT MODIFICATION, PLEASE DO NOT PROCEED WITH THE SAFEAPP LIVE SUPPORT SERVICES. |
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SERVICE DESCRIPTION AND SCOPE OF SUPPORT |
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SafeApp Software's Live Support technical support services are intended to address software and computer related issues including: (a) evaluation of and attempts to correct software, operating systems and networking issues; (b) configuration troubleshooting; (c) virus/spyware troubleshooting; and (d) troubleshooting of software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. All SafeApp Live Support services are offered in English only. SafeApp Software's Live Support technicians may use electronic and software tools they deem necessary to repair your computer, such as remote access to your computer. SafeApp Software's Live Support may install software on your computer that allows you to obtain additional technology services. For software installations, SafeApp Live Support technicians may accept End User License Agreements on your behalf. SafeApp Live Support services are for problem-specific troubleshooting and problem resolution, and excludes: i) computer programming; ii) software development; iii) training on hardware or software use. iv) warranty repairs or product replacement; v) support for Windows Me and earlier versions of Windows; vi) support for Apple (Mac) operating systems earlier than Mac OS X. SafeApp Software's Live Support services do not support all software, hardware or Internet-related products, applications or features and SafeApp reserves the right to defer support issues to your equipment or software vendor. Use of the SafeApp Live Support services does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications (irrespective of whether a SafeApp Live Support technician accepts an End-User License Agreement on your behalf). A SafeApp Live Support technician must receive full access to the product(s) to be serviced. SafeApp may refrain from providing any services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or extensive as reasonably determined by SafeApp. In some cases, SafeApp Live Support technicians may not be able to diagnose or resolve a problem because of complications relating to your computer or its configuration. SafeApp reserves the right to refuse to troubleshoot software not on its list of supported products. All SafeApp Live Support services are offered as "best efforts" services and without warranty except as specifically set forth in this Agreement. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that SafeApp Live Support technicians may not have the ability to obtain the information necessary to resolve a specific technical problem. SafeApp Software's Live Support technicians or Live Support website may direct you to third-party software or hardware vendors, websites, or other resources of potential interest. SAFEAPP DOES NOT ENDORSE OR CONTROL SUCH THIRD PARTY RESOURCES AND CANNOT VERIFY THE ACCURACY AND QUALITY OF THE INFORMATION AND PRODUCTS PROVIDED BY SUCH THIRD PARTIES. SAFEAPP MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. |
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YOUR RESPONSIBILITIES |
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In order to receive SafeApp Live Support technical support services, you must have: (a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and (b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.SAFEAPP IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM SAFEAPP SOFTWARE'S LIVE SUPPORT SERVICES OR THE ACTS OF LIVE SUPPORT TECHNICIANS. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS. You are responsible for ensuring that any information or data disclosed to SafeApp Live Support technicians is not confidential or proprietary to you or any third party. You hereby grant SafeApp and its Live Support technicians permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform SafeApp Live Support services. You acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting SafeApp Live Support technical services. You agree to cooperate with and follow instructions provided by SafeApp Live Support technicians and acknowledge that such cooperation by you is essential to SafeApp Software's delivery of Live Support services to you. |
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PURCHASE TERMS |
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SafeApp Live Support services can be purchased on a per-Problem basis (the "Per-Problem Plan"). With respect to the Per-Problem Plan, SafeApp Software's Live Support technicians, in their sole discretion will determine what constitutes a Problem. SafeApp Live Support technicians will address a Problem which may include, follow-up telephone calls regarding the Problem that SafeApp, in its sole discretion, deems reasonable and necessary in attempting to resolve the Problem. Once the Problem has been resolved by SafeApp Live Support technicians, any further calls or requests for assistance will be considered a new Problem and additional fees will apply. A Problem will be considered resolved when you receive one of the following: (a) information or advice that resolves the Problem; (b) information on how to obtain a software solution that will resolve the Problem; (c) notice that the Problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem can be resolved by upgrading to a newer release of a product; (e) notice that the Problem has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend. Our advice to you may include steps that you will need to take before the Problem can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process. Your SafeApp Live Support incident is valid for 60 days from date of purchase. You must use your support incident within this time frame or it expires. |
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REPRESENTATIONS AND WARRANTIES |
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(a) Limitation of Liability: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SAFEAPP SOFTWARE'S AGGREGATE TOTAL LIABILITY TO YOU FORDAMAGES RELATED TO YOUR USE OR SAFEAPP SOFTWARE'S PROVISION OF ITS LIVE SUPPORT TECHNICAL SUPPORT SERVICES IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT YOU PAY FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL SAFEAPP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF YOUR USE OF THE SAFEAPP LIVE SUPPORT SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT SAFEAPP OR LIVE SUPPORT TECHNICIANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. (b) Disclaimer of warranties: SafeApp cannot guarantee that the provision of SafeApp Live Support technical support services will resolve your issues or problems. SafeApp warrants that it will make reasonable efforts to perform SafeApp Live Support technical support services in a professional manner. TO THE EXTENT PERMITTED BY LAW, SAFEAPP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO SAFEAPP SOFTWARE'S LIVE SUPPORT SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF SAFEAPP SOFTWARE'S LIVE SUPPORT TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED VIA THE SAFEAPP LIVE SUPPORT SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAFEAPP MAKES NO WARRANTY THAT (i) THE INFORMATION OBTAINED VIA THE SAFEAPP LIVE SUPPORT SERVICES WILL BE ACCURATE OR RELIABLE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SAFEAPP LIVE SUPPORT SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING THE SAFEAPP LIVE SUPPORT SERVICES. (c) Exclusions And Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations of the above paragraph shall apply to the greatest extent permitted by law. |
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PRIVACY |
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Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used. |
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GENERAL TERMS |
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These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter discussed herein and supersede any and all previous oral or written representations, communications, understandings or agreements with respect to such subject matter. These Terms and Conditions shall inure to the benefit of SafeApp and its respective successors and assigns. No Waiver of any portion of these Terms and Conditions shall be implied by any course of dealing between you and SafeApp. These Terms and Conditions will be construed without regard to the party responsible for its preparation. If any provision of these Terms and Conditions is held to be inconsistent with any law, rule or regulation, such provision shall be deemed rescinded or modified in accordance with such law, rule or regulation, and the remainder of these Terms and Conditions shall not be affected. The laws of the State of New York (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction), will govern these Terms and Conditions and any interpretation, construction, enforcement and disputes of any sort that might arise between you SafeApp and/or its affiliates or contractors. Any action or proceeding brought to enforce any right, assert any claim, or obtain relief whatsoever in connection with or relating to these Terms and Conditions or your use of SafeApp Live Support services, shall be brought exclusively in the Federal and State Courts of the county of New York, in the State of New York, and you consent and submit to the jurisdiction of such courts. All provisions in these Terms and Conditions regarding disclaimers and limitations on liability shall survive any termination of these Terms and Conditions. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms and Conditions. |
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