Terms of Service
(Please note that this version of Terms of Service applies only to the Mac App Store version of CleanMyMac X. They do not apply to the regular retail version of CleanMyMac X)
You agree to be bound by these Terms of Service (these “Terms”) of the application “CleanMyMac X”, owned and operated by MacPaw Inc., a Delaware corporation (“MacPaw”, “we” or “us”) which can be downloaded from the Mac App Store (referred to herein as the “App”). Your use of the App is subject to your acceptance and compliance with these Terms. "Use" or "using" means to access, install, download, copy or otherwise benefit from using the functionality of the App in accordance with the documentation. If you do not agree to these Terms, do not use the App. Each time you access or use the App, the current version of these Terms will apply.
We as the licensor, grant you as the licensee, a non-exclusive right to use the App under these Terms. The App 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 App.
For all cases of Using the App on the territory of the EU/any of the EU’s countries the term of the license constitutes 30 (thirty) years.
SUBSCRIPTION AND PAYMENT
You may download the App from the Mac App Store free of charge. However, to use the App, you have to buy a subscription to the App (the “Subscription”) or a permanent license via a one-time purchase option (the “License”). Your Subscription /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 App 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 App 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.
Please note that the purchase of your Subscription or License is made through the Mac App Store. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide refunds.
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 App solely as follows:
- The Trial may be used by you for the sole purpose of trying and evaluating the App.
- Unauthorized copying of the App is expressly forbidden.
- You may not rent, lease, or lend the App 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 App 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 App or advertise the App 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 event, you must destroy all copies of the App.
You may not assign, rent, lease, lend, sell, redistribute or sublicense these App, 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 App (in its original form as provided) to another party, provided that we are notified of and approve the transfer and the assignee agrees to be bound by these Terms.
The App is a paid application that requires the purchase of a Subscription or permanent license.
We may offer you the Trial for the use of the App. Availability of the Trial is not guaranteed. The Trial provides complete access to all features and functionality of the App. You may activate the Trial only by providing your payment information and accepting that it will be converted into a Subscription/License after the Trial ends. You may cancel your Subscription/License access before the end of the Trial. In this case, you will still be able to use the App before the Trial expires.
These Terms is effective until terminated. Your rights under these Terms 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 App. Upon the termination of these Terms, you shall cease all use and destroy, remove or delete all copies, full or partial, of the App on Your device 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 App, 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 APP IS AVAILABLE ON AN “AS IS” 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 APP, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE APP, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, 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 APP 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 APP 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 APP OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APP 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.
The App is 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 App. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Apps. 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 these Terms shall continue in full force and effect. The federal or state courts located in or within 75 miles of Santa Clara, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
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 constitutes the entire agreement between You and MacPaw relating to the use of the App 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 contradiction 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 these Terms is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of 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.