End-user license agreement
This End User License Agreement (“EULA”) constitutes a legally binding agreement between you, a user of MyPC Utilities Product and Service as defined below (“user” or “you”) and Xylosma software Pvt Ltd. (“Company”, “us”, “we” and “our”). This EULA together with our Privacy Policy (collectively the “Terms”) govern your use of our application based PC maintenance and repair service available for Windows (“Product”).
USER AGREEMENT
THE LICENSED SOFTWARE MYPC UTILITIES WAS CREATED IN COOPERATION WITH SMART PC SOLUTIONS, INC. AND AVANQUEST SOFTWARE SAS. BY ACCESSING, USING, INSTALLING OR DOWNLOADING THE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE PRODUCT AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE PRODUCT OR THE SERVICE AS DEFINED BELOW.
You represent and warrant that you are at least 13 years of age and of legal competence to enter into this EULA. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
We reserve the right to update and change these Terms from time to time, without specific notice or acceptance by you, so please check this page frequently for updates and changes. In the installation or download of the Software you may be required to approve these Terms.
OUR SERVICES
Computer scan and repair – our product, using our powerful unique technology, provides you with a free scan (“Diagnostic Tools”) of your device in order to detect damaged Windows PC hard drive configuration (“User Configuration”) as well as alert any malware, viruses and adware (“Infected Files”) detected on your computer (as detailed below). Further, we provide you with tools and technology to repair those data anomalies on the computer and removing the Infected Files, this service is provided upon payment license (or during a limited trial period as you can see below). The Scanning Tools, build an inventory of valid components for the Computer and stores a summary representation of that inventory (“Inventory Description File”) in our secure back-up facility. The Inventory Description File can then be available on a continuous basis during your subscription to facilitate emergency repair and maintenance of the computer (collectively: the “Services”). Please note that your data files and program files are not copied to our servers during this process, for more information please read our Privacy Policy. The computer’s scan will start automatically after the Product installation by pressing the start scan button in the installation flow. If you do not wish the Computer to be scanned, do not press the start scan button. the Product does not aim to replace any additional anti-malware products’ available on your device.
Support, Updates and Upgrades – We may, at our sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Services we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Services. We have no obligation to make available to you any support versions of the Services. Additionally, we shall have no obligation to provide support or maintenance for the Services under this EULA. You hereby agree to receive such updates and upgrades as part of your use of the Services.
GRANT OF LICENSE
Subject to and conditioned upon compliance with the terms and conditions of the Terms, including the limitations, conditions, restrictions and obligations set forth below, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access, use and download, the Product and the Services for your own personal, non-commercial use. We reserve all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under the EULA is void. You may not attempt to access the Product or Services by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or another automatic device. You agree not to disrupt, disable, overburden, damage, modify or interfere with the Product or Services or otherwise impair or degrade its performance in any way. You agree not to impede or interfere with others’ use of the Product or Services. Upon termination of this EULA, you agree to remove or allow us to remove the Diagnostic Tools from the Computer and to cease further use thereof.
During the period of your use of the Product or the Services, you grant us the right to download, install, store, load and execute on the computer the Diagnostic Tools for the sole purpose of scanning your PC and providing the Service specified herein.
SCIENTIFIC RESEARCH & CONTINUOUS IMPROVEMENT
In order for us to continue improving the Product and the Service, you hereby authorize us to add your Inventory Description File to our repository, to analyze your Inventory Description File, alone and in conjunction with other Inventory Description Files we may receive from other computers, to conduct ongoing scientific and commercial research, to improve the Services and to publish its research findings, in aggregate form only, without attribution or financial obligation to you. Inventory Description Files added to our repository may continue to be used after the termination of this EULA for such purposes, so long as such usage is done anonymously in a manner that does not associate your Inventory Description File with the Computer or with your personally identifiable information.
INSTALLATION PROCESS
The product is installed to the Windows Program Files folder, under the “MyPC Utilities” directory. Once the installation process has started, it cannot be stopped, otherwise files will remain on your system without the option to remove them via uninstall process. All files installed on you system are removed as part of the uninstallation process.
When the installation starts, and during its process, it will contact our servers to make sure you get the latest and correct version
As part of the installation process, or during its run, the program may install a scheduled task. This scheduled task is used by the application as part of the repair process, to remove locked files and after reboot. Removing this task may reduce the quality of the repair process. This task is removed as part of the uninstallation process.
OUR ACCOUNT AND APPLICABLE CHARGES
The access to our Product and the use of the Service, are subject to the Product download and/or subscription as well as acceptance of these Terms and creation of your account (“Account”). In order to register and create your own personal Account, you must first register and provide accurate and complete information. Be aware that any personal data provided by you when using the Product or Services shall be treated in accordance with our Privacy Policy. You agree to immediately notify us of any disclosure or unauthorized use or breach of security at support@mypcutilities.com. You hereby warrant that you will not allow others to use your Account. We may require timely payment of all published fees and charges by our users and therefore you agree to keep your payment method up to date (including the expiration date for payment cards).
REAL TIME PROTECTION
As part of the MyPC Utilities application, we include the MyPC Utilities protection (Real-Time protection). When the application is installed, the processes mypcutilities.exe may continue to run in the background to provide real-time protection. Disabling these processes will cause the app to have limited features.
LIMITED FREE TRIAL
We have added some features to our Service which will be available on a limited free trial basis (“Limited Free trial”), whereas other may require payment of a subscription-based fee or other charges. If you received a Limited Free Trial offer, you may be able to use specified features of the Service without being charged during a stated trial period, such as free repair and removing Infected Files (“Free Trial Period”). If we have informed you that your Free Trial Period will automatically be converted to a paid subscription for a one-time or recurring fee, you will be able to cancel your account in order to avoid charges. We also provide a subscription membership as detailed below, this membership can be refunded within 60 days if you are not satisfied, for more information please review herein. In any event the first scan of your device is always free of charge. By not cancelling your account, you authorize us to charge your payment method for the subscription fees applicable to the type of subscription that you selected upon registration.
THIRD PARTY PAYMENT
The Company may use a third party credit card processing service to process payments. We may change its third party credit card processing service from time to time. User consents to the use of such service and to the transfer of User’s credit card details to such third party processor. User agrees to be bound by any separate terms applicable to the processing service. User’s credit card will be charged automatically for User’s order of the Services.
Following your subscription, we will provide you an online account statement for you to review and notify us if there is any discrepancy within one hundred and twenty(120) days of the date of any disputed charge (“Dispute Period”). You hereby waive any claim which was not brought to our attention in writing during the Dispute Period.
Currency exchange settlement rates are determined by your payment card provider. We will give you advance notice of any price changes of the Service. If you do not agree with a price change, you should cancel your subscription to avoid incurring the charges as of the published effective date.
If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and prevent your access to the Services.
REFUND POLICY
We provide a 100% money back guarantee if, at any time during the first sixty (60) days you are not satisfied with our Product or Service according to our Refund Policy available herein.
INTELLECTUAL PROPERTY RIGHTS
Company retains exclusive ownership of all rights, interests and title in the Services and any part thereof and User acknowledges that all rights, title and interest in and to the Services and any and all trademarks, trade names, copyrights, patents, patentable inventions, and any and all other intellectual property rights used or embodied in or in connection therewith, are and shall remain in the exclusive ownership of Company, subject only to the rights and licenses expressly granted by Company hereunder. User shall make no claim of right to any Services to be supplied by Company hereunder and acknowledges that as between Company and User, such Services are proprietary to Company.
User hereby agrees that Company shall be free to use for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any communications you send to us, including, but not limited to, feedback, comments, suggestions, and the like, including, but not limited to, for the development, production and marketing of products and services that incorporate such information, without compensation to you.
USE RESTRICTIONS
User hereby represents and warrants that it shall not: (a) copy the Services or any portion thereof; (b) deny service to, hack, crack, reverse engineer, disassemble, or decompile the Services in any form or by any means; (c) modify or create derivative works of the Services; (d) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services or any software thereto incorporate; (e) use the Services for any illegal or unauthorized purpose, or in a manner which infringes third parties’ rights in any way, including intellectual property rights; (f) incorporate the Services into the structure, machinery or controls of any aircraft, other aerial device, military vehicle, hovercraft, waterborne craft or any medical equipment; or (g) distribute, sell, sublicense or otherwise transfer or provide access to the Services to any third party, including, without limitation, provision of database management services through the Services.. ANY USE OF THE PRODUCT OR SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS EULA IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
ADDITIONAL OBLIGATIONS AND RESTRICTIONS
You hereby undertake and agree that any and all information provided by you either during the installation (if applicable and as defined and specified in our Privacy Policy or within the use of the Product or Services is accurate and up to date. The Services may not be used in any way, which is harmful or otherwise offensive which will harm the Company’s reputation or other users of the Product and Services, or any third parties thereof. The Company reserves the right to deny any access to anyone to the Product and Services at any time and for any reason, including, but not limited to, for violation of this EULA.
COMPUTER REPAIR, MAINTENANCE & ARCHIVAL RESTORATION (17 U.S.C. 117)
You represent that you own the Computer, or authorized by the owner to perform our Service upon the Computer, that any computer programs or other copyrighted works stored on the machine are legitimate copies owned or properly licensed. You authorize us to use the Computer’s proprietary technology to perform a local and/or remote scan of the user Configuration, to build the Inventory Description File reflecting your User Configuration and to use the Inventory Description File to help repair the User Configuration, this includes the directory “rei” included in the root of the operating system partition, as permitted by U.S. Copyright Act (17 U.S.C. 117(c)) and other national law (“Repair & Maintenance Authorization”).
You further authorize us to make and store back-up copies of your Inventory Description File to assist you in the exercise of your right to archive and restore legitimate copies of protected works under 17 U.S.C. 117(a) or other national law (“Archive & Restore Authorization”). You acknowledge that our Product and Service will not store any copies of your programs or data files, but instead, will use the Inventory Description File to understand what components should be reflected in a correct User Configuration and to use that Inventory Description File to repair of damaged files. agree on your own initiative to delete your Inventory Description File from the Service in the event that your continued possession of the related computer programs or User Configuration should cease to be rightful.
PRIVACY
We are committed to the protection of privacy of our users, therefore we handle and store user data solely for the purpose of providing and enabling the Services. For more information on our data practices please review our Privacy Policy page
WARRANTY AND DISCLAIMERS
Company and User each represent and warrant that they have the right, power, and authority to enter into the Terms and perform their respective obligations hereunder.
USER AGREES THAT COMPANY HAS MADE NO EXPRESS WARRANTIES TO IT REGARDING THE SERVICES AND THAT THE SERVICES ARE BEING PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER.
DATA MANAGEMENT AND DISCLOSURE
We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this EULA, or (d) to protect the interests of any other user.
PUBLIC FORUMS & POSTED MESSAGES
Our Service may include certain interactive features that allow users to post, transmit and receive messages on discussion forums or other online channels (“Communications”). We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person. We do not claim any right, title or ownership with respect to your content and Communications. If you make post or make any Communications, you irrevocably grant a worldwide, perpetual, royalty-free, right to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created.
Notwithstanding the aforesaid, we reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time, including applicable Communications. You are responsible for making back-up copies of any files that you wish to preserve. You hereby undertake that you will not upload, store or disseminate any content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor’s service. Further, you will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages (“spam”), so-called “chain letters,” pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers.
TERMINATION
At any time, you may stop using the Product or Service by removing the Product from your device by following our uninstall guide. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Product or Service; or (ii) terminate this EULA and your use of the Product or Service with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Product or Service or this EULA. This EULA will automatically terminate if you fail to comply with its requirements. Upon any termination, you agree to stop using the Service and remove the product from your device.
DISPUTES RESOLUTION
For any dispute, you have with us, you agree to first contact us support@mypcutilities.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by this enforceable EULA, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to the EULA by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THE AGREMENT, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you disagree, please contact us admin@xylosmasoftware.com in your email you must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of the EULA. The EULA is governed by and construed in accordance with the laws of the State of New York, Southern District, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of this EULA, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York Southern District, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards
TECHNOLOGY AND DATA TRANSFER
Technology Transfer – The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the EULA.
European Union Residents – If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.
ENTIRE AGREEMENT, SEVERABILITY, AGENCY HEADERS
THIS EULA CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY, AND SUPERSEDES ANY PRIOR AGREEMENT. IF ANY PART OF THIS EULAIS FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE BALANCE OF THE EULA, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS EULA. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER BY OPERATION OF LAW OR OTHERWISE THIS EULA OR ANY RIGHT OR OBLIGATION HEREIN. THE COMPANY EXPRESSLY RESERVES ITS RIGHT TO ASSIGN OR TRANSFER THIS EULA AND TO DELEGATE ANY OF ITS OBLIGATIONS HEREUNDER AT ITS SOLE DISCRETION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF THE RELEVANT SECTION. THE COMPANY’S FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.
ASSIGNMENT
User may not assign, transfer, or otherwise dispose of this Eula or any of its rights, interest, or obligations hereunder without the prior written consent of Company. We may transfer or assign this agreement to: (a) an affiliate of the Company; or (b) an acquirer of all or substantially all of the shares or assets of such party through change of control event. Any assignment of this Eula in violation of this provision shall be null and void.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
PRICING INFORMATION
Current rates for using the Service may be obtained at our pricing page. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this EULA.
CONTACTING US
If you have any questions about this EULA, or wish to report violators of this EULA, contact:
Xylosma Software Pvt Ltd
No 14, Horamavu, Agara Village, Bangalore, India – 560043
Email it to: admin@xylosmasoftware.com