Terms of Service
This version of Terms of Service does not apply to the Mac App Store version of CleanMyMac X. The Mac App Store version of CleanMyMac X is covered by the separate Terms of Service.
These Terms of Service (the “Terms”) constitute an agreement between MacPaw Way Ltd., registration number 428214, or our affiliates (“MacPaw”, “we” or “us”). You agree to be bound by these Terms any time You use our software (“Software”) and any of our other products through the Software (together referred to herein as the “Services”). Therefore, by using the Services You expressly accept and agree to comply with these Terms."Use" or "using" means to access, install, download, copy or otherwise benefit from using the Services in accordance with the Documentation. If You do not agree to these Terms, do not use the Services. Each time You access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.
Additionally, we continually test various aspects of our Services, including but not limited to our Site, Software, user interfaces, service levels, plans, promotional features and pricing. We reserve the right to, and by using our Services You agree that we may, include You in or exclude You from these tests without notice. If You have questions regarding these Terms, please contact us:
MacPaw Way Ltd.
6 Maximou Michailidi Str, Maximos Plaza Tower 3, 4th floor, Flat/Office 401, 3106, Limassol, Cyprus
SOFTWARE AND LICENSES
When used in these Terms, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Software" means all of the contents of the downloads, files, disk(s), CD-ROM(s) or other media containing MacPaw Software with which these Terms are applicable, including but not limited to (A) registration information, i.e. license key which is unique for Your registration name; (B) related explanatory written materials or files ("Documentation"); and (C) Software setup files and code samples (if any); and (D) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, "Updates").
MacPaw as the licensor grants You as the licensee a non-exclusive right to use the Software under these Terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MacPaw reserves all rights not expressly granted to You. MacPaw retains the ownership of the copyright in and to the Software.
One person/entity is entitled to Use not more than 10 (ten) licenses for the Software, except otherwise is agreed between such person and MacPaw in written. For all cases of Using the Software on the territory of the EU/any of the EU’s countries the term of the license constitutes 30 (thirty) years.
In cases, when the Software is acquired on the subscription basis, the duration of the license shall be fixed by the Subscription conditions with the possibility to renew license at the end of the subscription period.
You agree, and represent and warrant, that Your use of Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
SUBSCRIPTION (when applicable)
In case of termination of the Subscription to the Software before expiration of the Subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price, nor its part shall be refunded. The refund cases are governed by and subject to the MacPaw Refund Policy.
If we are unable to collect payment for the renewed Subscription at the end of the subscription period, You will no longer be able to access the Software. If You wish to reactivate Your Subscription after access has been terminated, You will be required to pay only a new Subscription payment for the reactivation without the necessity to pay the past-due Subscription payment.
Your Subscription /permanent license may begin with a free trial, i.e. access for testing purposes for a certain period of time (the “Trial”). Trial is only available for those who have not previously used one.
The Trial provides complete access to the functionality of the Software and automatically converts to a paid annual Subscription or a License if not canceled. In case of the Trial, the first payment will be charged to your chosen payment method immediately following the end of the Trial, unless canceled in accordance with the cancellation instructions.
If you purchase the Subscription, you agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at the end of the subscription period at the then-current rate unless you cancel the Subscription before the end of the applicable subscription period. The sale is final, and we will not provide a refund.
In case of termination of the Subscription to the Software before the expiration of the subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price nor its part shall not be refunded.
PERMITTED USES AND RESTRICTIONS
Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:
- The Trial may be used by you for the sole purpose of trying and evaluating the Software.
- Unauthorized copying of the Software is expressly forbidden.
- You may not rent, lease, or lend the Software to anyone.
- You may not permanently transfer all of your rights under these Terms, unless we are notified of and consent to the assignment and the assignee agrees to the terms of these Terms.
- We hold no responsibility of the results of using the Software acquired illegally or through an unauthorized distributor.
- Except as and only to the extent permitted in these Terms and by applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or advertise the Software in any form.
- Without prejudice to any other rights, we may terminate these Terms if you fail to comply with the terms and conditions of these Terms or other documents, referred to herein. In such an event, you must destroy all copies of the Software.
You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software, except as provided herein or with our express consent and agreement. You may, however, make a one-time permanent transfer of all of Your license rights to the Software (in its original form as provided) to another party, provided We are notified of and approve the transfer and the assignee agrees to be bound by these Terms.
The Software requires the purchase of a Subscription or a permanent license.
We may offer you the Trial for the use of the Software. Availability of the Trial is not guaranteed. The Trial provides complete access to all features and functionality of the Software. You may activate the Trial only by providing your payment information and accepting that it will be converted into a Subscription/permanent license after the Trial ends. You may cancel your Subscription/permanent license access before the end of the Trial. In this case, you will still be able to use the Software before the Trial expires.
These Terms are effective until terminated by You or by us.
Your rights under this License will terminate by us automatically without notice if You fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with Your use of the Services.
Please, take a note that WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR WITHOUT ANY REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to notify You before suspending or terminating Your Account and/or Your access to the Services.
Upon the termination of these Terms You shall cease all use and destroy, remove or delete all copies, full or partial, of the Services on Your computer or device and otherwise in Your possession or control. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination, shall survive termination.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from Your information, use of the Services, or Your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against any Indemnitee provided that You will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.
YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SERVICES WITH PARTICULAR OPERATION SYSTEMS AND THEIR UPDATES, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge that all the text, graphical user interface, images, logos, marks, compilations, data, artwork, computer code and other content displayed on Services or used by MacPaw to operate the Services (collectively, “Content”) including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on Services is proprietary to us.
The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant You any express or implied right to use the Services. You agree not to copy, reproduce, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, display, perform, license, sublicense or reverse engineer, distribute in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without our express prior written consent any of the Services and/or its Content. In addition, You agree not to take any action that may infringe on our Intellectual Property Rights.
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in California, USA or such other location in the USA determined by MacPaw in its sole discretion. The arbitrator shall apply the laws of the State of California, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the law of California legal fees shall be awarded to the prevailing party in the arbitration.
COMPLETE AGREEMENT AND SEVERABILITY
These Terms constitute the entire agreement between You and MacPaw relating to the use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by MacPaw. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of tese Terms is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.