Reimage Terms of Service

Last modified: October 13, 2016

This End User License Agreement ("EULA") constitutes a legally binding agreement between you, a user of Reimage Product and Service as defined below ("user" or "you") and Reimage Services Ltd. ("Company", "us", "we" and "our"). This EULA together with our Privacy Policy http://www.reimageplus.com/privacy-policy/ (collectively the "Terms") govern your use of our web-based PC maintenance and repair service developed, owned and operated solely by us ("Product").

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 periodically amend or revise this EULA at our sole discretion; such changes will be effective immediately upon the display of the revised EULA. The last revision date will be reflected in the "Last Modified" heading and Your continued use of the Product or the Service (as defined below) following the notification of such amendments herein, constitutes your acknowledgement and consent of such amended EULA and your consent to be bound by the terms therein.

SCOPE OF SERVICE

Computer scan and repair - Our product, using our patented technology provides you with a free scan ("Diagnostic Tools") of your device in order to detect damaged Windows PC hard drive configuration ("Customer 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. 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 http://www.reimageplus.com/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. For the purpose of removing Infected Files we use the Avira anti-malware engine which is legally licensed to us, nonetheless, 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.

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 Service 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.

YOUR 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 elaborated below) 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 http://www.reimageplus.com/privacy-policy/ After providing the requested information you will choose a user name and a password. You are solely responsible for maintaining the confidentiality of the password you designate, and you agree to immediately notify us of any disclosure or unauthorized use or breach of security at support@reimageplus.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).

We might add 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 ("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.

We may use a third-party payment processor ("Third Party Processor") to charge you for use of the chargeable Services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this EULA. We are not responsible for error by the payment processor.

Following your subscription, we will provide you an online account statement for you to review and notify us if there are any discrepancy within one hundred 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. Unless otherwise agreed in writing, all charges are payable in the currency specified in advance by major credit card or other online payment mechanism. Late payments are subject to costs of collection (including legal fees of 17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.

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.

GRANT OF LICENSE

Subject to the EULA, we hereby grant you a personal, limited, non-exclusive and non-transferable 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.

PROPRIETARY RIGHTS AND RESTRICTIONS

The Product and Service including our Diagnostic Tools are a written Patent in the United States Patent and Trademark Office ("Company's Patent") and protected by Patent laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Company shall retain ownership in and to the Product and Services and to Company’s Patent and all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Product or Services subject to this EULA. All trademarks, service marks, product names, and trade names of the Company appearing on or through the Product or Services are exclusively owned by the Company or its respective owners. Unless explicitly stated herein, nothing in the EULA shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the Product and the Services is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws. The Company makes no claims of ownership over any software or components that may be installed on the Computer.

You agree that you or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease, lend or rent the Product or Services; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Product or Services; (iii) copy, modify, improve, or create derivative works of the Product or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Product or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Product or Services; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Product or Services; (vi) use the communications systems provided by the Product to send unauthorized or unsolicited commercial communications; (vi) use our name, logo or trademarks without our prior written consent; or (ix) use the Product or Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this EULA. 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 http://www.reimageplus.com/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 Customer Configuration, to build the Inventory Description File reflecting your Customer Configuration and to use the Inventory Description File to help repair the Customer 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 Customer 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 Customer 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 available at http://www.reimageplus.com/privacy-policy/.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE PRODUCT, THE SERVICES AND UGC, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT, THE SERVICES AND UGC ARE PROVIDED "AS IS" OR "AS AVAILABLE" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. IN ADDITION, ALTHOUGH THE PRODUCT IS USUALLY EFFECTIVE, WE DO NOT WARRANT THE ACTUAL OUTCOME OF THE PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE PRODUCT, THE SERVICES OR UGC, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE PRODUCT, THE SERVICES OR UGC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE PRODUCT OR THE SERVICES OR DISABLE THE PRODUCT. ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE PRODUCT, THE SERVICES OR UGC. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES SHALL NOT EXCEED THE LESSER OF THE COST OF THE PRODUCT OR THE SERVICES.

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.

THIRD-PARTY SERVICES AND CONTENT

Content, goods or services may be offered by our third-party partners through hotlinks contained on our Service. We have no control over and do not endorse third party content, goods or services, we make best efforts to monitor and choose our partners and secure the content presented to you. We act as a distributor and not as a re-publisher of third party content. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS.

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.

INDEMNIFICATION

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Product or Services. The user is solely responsible for his or her actions when using the Product or Service.

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 chrome.

DISPUTES RESOLUTION

For any dispute, you have with us, you agree to first contact us support@reimageplus.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 legal@reimageplus.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, ASSIGNMENT AND 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.

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:

Legal Department
Reimage, Ltd.
3 Athinodorou Street
Dasoupoli
2025 Nicosia, Cyprus
Fax it to: +972 3 521 2361
Email it to: legal@reimageplus.com