End User License Agreement
This End User License Agreement (hereinafter "Agreement") is a legal agreement between you (either an individual or a legal entity) and Kromtech Alliance Corp., with its principal office at 177 Main Street, Road Town, Tortola, British Virgin Islands (hereinafter "Kromtech") for the use of MacKeeper.
The MacKeeper Software (the computer program in machine readable object code form issued by Kromtech pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the MacKeeper software) and/or other materials distributed with the MacKeeper Software (disk image, CD or any other media containing these materials) is licensed, not sold, to you by Kromtech, and Kromtech reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall the source code of MacKeeper be made available to you by Kromtech. The MacKeeper Software and Documentation are collectively referred to as 'MacKeeper'.
By downloading, installing, copying or otherwise using all or any portion of the MacKeeper Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the MacKeeper Software. If you purchased MacKeeper and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) have not used the MacKeeper Software, and b) if you have purchased your copy from elsewhere than the http://www.mackeeper.com website, forthwith return your purchased copy of MacKeeper with proof of payment to the location from which it was obtained. Violation of any part of the Agreement will result in termination of your account.
1. Problem. By the word “problem” Kromtech means possible security and optimization gaps, outdated apps, lack of free space on the hard disk because of junk files or temporary files, and other aspects that in Kromtech’s opinion should be examined and fixed.
2. Item. Under the word “item” Company means cleaning, optimization and security aspects that may affect Customer’s overall computer system status which in Kromtech’s opinion should be examined and fixed.
1. LICENSE GRANT
Kromtech may, at its sole discretion, grant you a Trial License or a Commercial License. Unless otherwise stated, the Trial License Terms as set out under (A) are applicable to your use of MacKeeper if you have not purchased or otherwise rightfully obtained a Commercial License for MacKeeper. The Commercial License Terms as set out under (B) are applicable to your use of MacKeeper if you have rightfully obtained a Commercial License for MacKeeper.
A.TRIAL LICENSE TERMS
Kromtech may grant you a non-exclusive, non-transferable license to use MacKeeper for time-limited or/and functionally-limited evaluation purposes only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
A1. According to the trial policy that comes into effect after activating MacKeeper through one of the special offers MacKeeper is fully functional during the amount of days specified in the special offer conditions counting out from the first time you run it. Upon lapse of such period all of or part of MacKeeper’s functionality will be disabled automatically or you may be charged with a special offer price. If you wish to use MacKeeper after the tryout period, you will need to purchase a Commercial License or claim your discount price according to the special offer. Additional information about the special offer is available at one of our special offer websites (e.g. http://mackeeper.com/upgrade).
A2. Kromtech may grant you the possibility to evaluate the software by providing a free of charge partial fix which stands for a one time functionally-limited use of MacKeeper. In order to proceed using MacKeeper it is necessary to purchase a non-exclusive, non-transferable license.
B. COMMERCIAL LICENSE TERMS
Kromtech grants you a non-exclusive license to use MacKeeper, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION
The MacKeeper Software requires online activation in order to use it under the Commercial License Terms. Kromtech may at its sole discretion decide to adjust the exact technical conditions under which unactivated MacKeeper copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MacKeeper. Your licensed use of MacKeeper is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MacKeeper after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Kromtech to complete reactivation.
This License grants you the right to activate and use MacKeeper on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Kromtech may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use MacKeeper on multiple computers.
The right to transfer the activated copy of the MacKeeper Software to another computer is personal. To transfer your activated copy of the MacKeeper Software to another computer you may need to contact Kromtech. You may transfer your MacKeeper license rights only once and permanently to another person or legal entity under the conditions that you transfer MacKeeper in its entirety, you do not retain a copy of MacKeeper or any part thereof yourself, and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact Kromtech to complete the transfer.
B3. PERSONAL INFORMATION
Kromtech may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Kromtech informed of any changes in your personal information. You may do so by contacting Kromtech through the 'Support' section of the http://www.mackeeper.com website, calling on the phone, sending an email or using a built-in MacKeeper live chat. Kromtech may require you to verify any changes to personal information.
Kromtech may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your MacKeeper license that you purchased your MacKeeper license there and to contact you with information related to MacKeeper. Kromtech may share this information with its licensors. Kromtech will not sell or license usage of your personal information to third parties.
After the Anti-Theft service is activated, information about your computer's location will be available at your account page (Kromtech account) and will be updated every hour.
2. GENERAL TERMS
These General Terms are applicable to the Commercial License. This agreement is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. The Company may in its sole discretion terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access this agreement is revoked in such jurisdictions.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to MacKeeper and to any whole or partial copies that you make are owned by Kromtech or its licensors. Kromtech permits you to use MacKeeper only in accordance with the terms of this License Agreement. All rights not specifically granted by Kromtech are reserved by Kromtech. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of MacKeeper except for those uses allowed in this License Agreement. Kromtech is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Kromtech is the subject of copyright and other intellectual, industrial or proprietary rights of Kromtech and/or third parties.
You agree not to replace or modify in any way libraries and resources included in the MacKeeper software.
Kromtech will provide a limited service of free antivirus updates for a period of one year from the first time you activate MacKeeper.
The Commercial License does not allow MacKeeper to be activated and used on more computers than the number of computers you have obtained the said License(s) for. Kromtech may, at its sole discretion, for your convenience decide to allow you to activate MacKeeper on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use MacKeeper simultaneously on the amount of computers you have obtained the said License(s) for.
Kromtech may, at its sole discretion, decide to suspend further activations performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations performed under the said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the MacKeeper Software.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MACKEEPER IS AT YOUR SOLE RISK. MACKEEPER IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Kromtech, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "Kromtech") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Kromtech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACKEEPER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MACKEEPER WILL BE CORRECTED. FURTHERMORE, Kromtech DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MACKEEPER IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kromtech, Kromtech AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO MACKEEPER. SHOULD MACKEEPER PROVE DEFECTIVE, YOU (AND NOT Kromtech OR A Kromtech AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. Kromtech PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. Kromtech STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Kromtech NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF MACKEEPER OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, Kromtech's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
LIMITATION OF SUPPORT
Kromtech will make an effort to provide you with email, phone and chat support pertaining to your use of MacKeeper. The said support will be limited to topics within the domain of basic usage of MacKeeper. Kromtech is not required to offer you general advice on technologies underlying or related to MacKeeper. Kromtech reserves the right to cease offering support of any kind pertaining to the usage of older releases of MacKeeper whenever a new release, whether for free or for pay, of MacKeeper becomes available.
You agree to defend Kromtech, 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, demand and/or actions and indemnify and hold Kromtech, 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 License, 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 MacKeeper. Kromtech 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, and you agree to fully cooperate with Kromtech upon its request.
TECHNICAL AND RELATED INFORMATION
Kromtech and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Kromtech and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Kromtech and its subsidiaries shall be limited in such a manner that Kromtech and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within MacKeeper or any other personal files and folders that are accessible to MacKeeper when you use it.
Kromtech may issue a License Code or License Key to you, which you may need to activate MacKeeper under the terms of the Commercial License. Kromtech and its subsidiaries and distributors may link the said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Kromtech.
THIRD PARTY SOFTWARE LICENSES
If you do not agree with Terms and Conditions of MacKeeper or Antivirus SAVAPI, please do not install MacKeeper.
TERM AND TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, Kromtech may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of MacKeeper and destroy all copies of MacKeeper that are in your possession. Inaction of Kromtech to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by MacKeeper under this and other provisions.
A Rebill is an automatic extension of a subscription based on your initial agreement to the terms and conditions set forth at the MacKeeper checkout page. All details concerning the Rebill could be clarified with the Customer Support Service.
You may be granted with a discount coupon that gives you the right to purchase a license by a lower price than the one originally announced. The coupon is valid within one time purchase of a license and is not applicable for extending the subscription.
Kromtech 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 buying licensed software confirms the customers’ awareness about all features and functionality of the product, as they should have already examined EULA, information and description about the software on the official website.
Refunds are given only in case of problems directly related to our product. If there are direct proofs of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our customer support department, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our software.
In case our software has become a reason of a technical breach of your computer device, and there is enough evidence and proof on this matter, we may consider giving you a refund of the inflicted damage. After receiving a refund request concerning a technical infringement our Customer Support Agents require from 1 to 3 business days to give an initial respond. After receiving all the relevant evidence and proofs our Customer Support Agents require from 1 to 10 days to process the received material and give a qualified response.
Terms and conditions of a refund vary depending on a purchased type of subscription:
A. 12 (twelve)-month / 1 (one)-year subscription. According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
B. 6 (six)-month subscription. According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
C. 1 (one)-month subscription. According to this type of subscription a (partial) refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.
D.1. An ‘unused part of a purchased subscription license’ is a certain amount of months (days) counted out beginning from the moment you have officially requested a refund until the expiration date of the subscription. In case of a 1 (one)-month subscription the ‘unused part of a purchased subscription license’ counts if you have been using the license for over 14 (fourteen) full days. If the license has been used for less than 14 (fourteen) full days you will be granted with a full refund covering the price of a 1 (one)-month subscription license. In case of a 12 (twelve)-month or 6 (six)-month subscription the ‘unused part of a purchased subscription license’ counts beginning from the moment you have requested a refund until the expiration date of the subscription. Terms of a 1 (one)-month subscription refund policy also apply to 12 (twelve)- and 6 (six)-month subscription refund policies.
NOTE THAT: if you have made a request for a refund during but not exceeding the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription including the month of request. If you have made a request for a refund after the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription NOT including the month of request.
D.2. ‘Month of request’ is a month when the actual request for a refund is conducted.
E. The calculation of the amount of money needed for a refund is executed by our customer support department based on a specific algorithm that can be clarified with our Customer Support Agents.
Before requesting a refund, the customer must inform our customer support department of any issues that may arise in relation to our software. Refunds are given ONLY in case of contacting our support team and sending a request in written form via email. The email address where the request should be sent will be provided to you by one of our Customer Support Agents. Our customer support department is obliged to do their best to fix the problem. If they confirm that the software problem cannot be fixed, a refund will be given. The company is not responsible for any independent actions taken by the customer or help from any third parties.
After submitting a refund request to our Customer Support Agent it will be reviewed and processed, unless a refund can not be performed due to the terms and conditions set forth herein. In this case the customer will be notified via email or phone as soon as possible.
The company provides the customers with all possible kinds of support, including manuals, email support, phone support, live chat etc. Therefore if the customer did not follow the instructions, used incorrect setup or refused to use our customer support service, the company has the right to decline the refund request.
If the software is purchased via the Internet, it does not include any physical storage media. Refunds are not given in case of ignorance of this fact.
Inability to download the software is not an argument for the refund. The customer can have Internet or computer problems not related to our product. If the customer is unable to download the software, they must contact our customer support department.
Once the refund is given, further usage of the software becomes illegal; therefore the customer must uninstall the program. In addition, all registration data will be immediately blocked, and the refunded customer will not be able to use the updates.
Refunds are processed from 1 to 3 weeks - the amount of time needed by the bank to process the payment.
In case of double charge due to circumstances beyond the customer’s control, and if the fact thereof is confirmed, the company is obliged to give the refund upon the per customer’s request.
All processing fees are non-refundable.
The customer has no right to request a refund for additional customer support service orders that:
● had been fully used but the quality was claimed as unsatisfactory,
● were partly used,
● were not used at all.
Kromtech shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Kromtech’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 Kromtech relating to MacKeeper and supersedes all prior oral or written communications and representation with respect to MacKeeper 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.
AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. ALL USERS MUST ACCEPT ALL CHANGES MADE TO MACKEEPER, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF Kromtech ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
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.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This agreement shall be governed by the laws of the Great Britain (English Law), without regard to conflict-of-laws provisions. Any disputes arising out of this License shall be subject to the exclusive venue of the London Court of International Arbitration, London, GB, and the parties hereby consent to the venue and jurisdiction of such court. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. Kromtech RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING MACKEEPER AT ITS SOLE DISCRETION BY UPDATING ITS POLICY LOCATED AT http://mackeeper.com/eula OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amended terms, you must cease the use of MacKeeper and any other related materials bundled in the package at the time of purchase. Your continued use of MacKeeper after the notice shall be deemed agreement to be bound by such amendment.
For all purposes of this License, each of Kromtech's third-party licensors of MacKeeper 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 Kromtech in writing at Germany, 50667 Cologne, Richmodstrasse 6, Office 430.