Terms | ifixdevice

Terms of Service

  • These Terms of Service apply to:

    • Your purchase of licenses for ifixdevice's computer software products ("Software" and "Software Licenses"), which includes maintenance and technical support for the Software;
    • Your purchase of ifixdevice which are ifixdevice's non-Software technical support services for your computer, including non-Software repair, maintenance, and technical support ("Services"); and
    • Your access to and use of ifixdevice's Website www.ifixdevice.com.

    Your use of ifixdevice's Software is subject to an end user license agreement, which is described below.

    When you purchase Services and when you access the Websites: (a) you represent and warrant to ifixdevice that you have the legal capacity to agree to these Terms of Service; (b) you represent and warrant to ifixdevice that all information you provide to ifixdevice, including information relating to your payment for Software Licenses and Services, is correct; and (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms of Service. If you do not agree to these Terms of Service, you may not use the Services and you may not access the Websites.

    If you do not comply with these Terms of Service, ifixdevice reserves the right in its sole discretion, for any reason and at any time, and without notice to you, to terminate your access to Services.

    Payments for Purchases and Automatic Renewals
    When you purchase Software Licenses and Services, you are entitled to use the Software and Services for the duration of the initial period you purchase, which is set forth in the documents and information relating to your purchase ("the Initial Subscription"). At the end of the Initial Subscription, ifixdevice automatically will renew your Software License for successive periods of the same duration as the Initial Subscription to ensure that you have the continuing protection provided by the software and there is no interruption in that protection. ifixdevice automatically renews licenses for the following products: ifixdevice Early Detection Center; ifixdevice Registry Cleaner; ifixdevice Identity Protection Service, ifixdevice Online Backup Service (when available) and ifixdevice Tech Support PRO (when available). ifixdevice does not automatically renew subscriptions for ifixdevice.

    ifixdevice may, in its sole discretion, offer an extended payment plan ("Payment Plan") to certain customers for the purchase of Software Licenses and Services. Customers who elect Payment Plans are obligated contractually to make the installment payments required by the Payment Plan. Customers electing a Payment Plan make their first payment at the time the Software License is purchased or the Services are rendered, and subsequent payments are made thirty days following the date of the initial payment and every thirty days thereafter until the entire amount due under the Payment Plan has been paid. Subsequent payments may be charged automatically to the customer's credit card as provided or withdrawn by electronic transfer from the customer's account, depending on which payment method the customer has selected.

    Software Licenses
    ifixdevice offers Software Licenses pursuant to the terms of an End User License Agreement between you and ifixdevice (the "EULA"). Your use of and ifixdevice's obligations with respect to the Software are governed solely by the EULA and these Terms of Service. In the event of any conflict between these Terms of Service and the EULA, the terms of the EULA shall apply. The Software is the copyrighted work of ifixdevice and is licensed to you by ifixdevice pursuant to the EULA. ifixdevice retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA. You will be unable to install any Software unless you first agree to the terms and conditions of the EULA.

    The Operation of the Software
    Certain Software scans some or all your computer's system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information ("Threats"); and (2) for potential Threats ("Potential Threats"). Threats are deleted and ifixdevice then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to ifixdevice, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. You will receive this information either directly from ifixdevice or by means of other customers' computers through the Argus Network, as described below.

    Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you ("Potentially Unwanted Software"). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed. You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry entries on your computer.

    Certain Software also diagnoses security problems and any speed and performance problems your computer may have, corrects speed and performance problems, and also determines whether a backup function is operational.
    The Software will send to ifixdevice, at your discretion, only information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.

    We also may collect (with your authorization) the following information about your computer:

    • Technical information about the basic configuration and operation of your computer, including operating system version, processor type, disk space, memory space, and number of drivers.
    • Information about ifixdevice Software on your computer, including the version and when it was installed and upgraded.
    • Certain events that occur on your computer, including when ifixdevice Software is installed, when ifixdevice Software receives threat updates, and when errors occur in ifixdevice Software.

    This information is sent only to ifixdevice with your approval, and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, ifixdevice knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions, ifixdevice does not know the customer's identity. In the event that it is necessary for ifixdevice to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize ifixdevice to collect the additional information. You can make your selection as to whether ifixdevice may collect this additional information before the software is installed or by using a control panel included in the software. You can change your selection concerning this feature by using the control panel.

    We do not sell or otherwise provide any of this information to third parties and uses it only to improve our products and offer better service to our customers. The following are general descriptions of the information that we may collect with your authorization:

    • Technical information about the basic configuration of your computer, including operating system version, processor type, disk space, memory space and the number of drivers.
    • Information about ifixdevice software that is on your computer, including the version and when it was installed and when it was upgraded.
    • Certain events that occur on your computer, including when ifixdevice software receives threat updates and when errors occur in ifixdevice software.

    If you believe that ifixdevice's software may be misidentifying legitimate data, please contact us online by: visiting ifixdevice.com and clicking on "Support", calling us at (855) 444-1940; or emailing at " privacy@ifixdevice.com.
    There are some viruses and spyware that cannot be removed by the Software and that require the assistance of a Tech Support technical support agent. You acknowledge that the Software may not remove all viruses and spyware and that a Tech support subscription may be required to address your computer problem.

     

    Services
    ifixdevice will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.

    ifixdevice's Techsupport does not support the following:

    • Standalone devices such as console gaming systems and audio/visual equipment;
    • Mobile devices such as telephones and music players, except that ifixdevice can assist with respect to problems relating to the connectivity of those devices to your computer;
    • Software that contains proprietary or confidential information, or information as to which access is regulated by law; and
    • Hardware; except that ifixdevice can diagnose possible hardware failure.

    In order diagnose and resolve technology problems with your computer, ifixdevice technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:

    • Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and
      repair if required;
    • Download certain software to your computer and use the software;
    • Gather, transfer to servers, examine and analyze information on your computer;
    • Repair your computer if required; and
    • Provide advice on the use of your computer.

    We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance. By purchasing ifixdevice's technical support services, you are giving us express permission to download and use the software on your computer.

    We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software's access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that ifixdevice has no liability for doing so.
    Requesting Services also constitutes your agreement that:

    • You are imposing no limitations upon ifixdevice's ability to gather, examine and analyze the information on your computer;
    • ifixdevice may monitor and record information from your computer in connection with providing Services, and you agree that ifixdevice may use the information in accordance with ifixdevice's Privacy Policy, which is available at www.ifixdevice.com/privacy.html.
    • ifixdevice may, but is obligated to, monitor and record communications we have with you in connection with your purchases and our providing services to you, including monitoring and recording telephone conversations we have with you and monitoring and recording online sessions we conduct with you, and you agree that ifixdevice may use the information in accordance with ifixdevice's Privacy Policy, which is available at www.ifixdevice.com/privacy.html.
    • ifixdevice does not provide data backup and does not restore data, and that, in accordance with the Section below entitled "Limitations of Liability," ifixdevice has no liability for any loss of or damage to information on your computer in connection with providing Services;
    • ifixdevice's warranties and liability in connection with providing Services are strictly limited as set forth in these Terms of Service in the Sections entitled "Disclaimers of Warranties" and "Limitation of Liability";
    • ifixdevice reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that ifixdevice deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to 
      any property.
    • You understand and agree that ifixdevice's services may not be successful because the problem with your computer may be beyond ifixdevice's ability to resolve remotely

    With respect to Tech Support services, you also acknowledge and agree to the following.  In order to use Tech Support services, you must have up-to-date and operational antivirus software installed on your device, and ifixdevice, in its sole discretion, must determine that your device is virus-free.

    You acknowledge and agree that, because of circumstances that are not within ifixdevice’s control, there may be lengthy delays in ifixdevice’s ability to provide Tech Support services or Tech Support services may not be available to you at all.  The circumstances include, but are not limited to, the following: the performance of maintenance on ifixdevice’s systems; Internet service disruptions; vandalism; sabotage; the outbreak of a new computer virus; strikes; riots; wars; other military actions; civil disorders or unrest; acts of terrorism; fires; floods, earthquakes; acts of third parties; and acts of God.  You acknowledge and agree that ifixdevice has no liability to you or to any third party for any direct or indirect, special or consequential damages resulting from such delays or the unavailability of Tech Support services.

    You also acknowledge and agree that ifixdevice has no obligation to provide Tech Support services in connection with any of the following: devices that have been altered, damaged or modified; devices with configurations that are beyond our control; software that is incompatible with your computer; problems resulting from external causes including accidents, abuse, misuse or problems with electrical power; problems resulting from usage that is not in accordance with the manufacturer’s instructions; problems resulting from failure to perform maintenance suggested by the manufacturer; problems resulting from the use of accessories, parts or components that are not compatible with the device; and problems resulting from negligence or malfunction beyond the reasonable control of ifixdevice.

    We make reasonable efforts to address your computer problems in a timely manner, but there may be delays.  You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians’ abilities to make return calls to you; (2) the need to “escalate” your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.

    Finally, you acknowledge and agree that ifixdevice, in its sole discretion, may terminate your Tech Support subscription if we determine that Tech Support services are being used: fraudulently; maliciously; by any person other than you; for any computer or other device that is not covered by your subscription; in an otherwise unreasonable manner; or in excess of three occasions during any ninety-day period.  If we terminate your subscription, we will refund a pro rata portion of your subscription purchase price.

     

    Links to Other Websites
    You acknowledge and agree that any linked websites are not under the control of ifixdevice and ifixdevice is not responsible for the content of any linked site or any link contained in a linked web site. ifixdevice in its sole discretion and at any time reserves the right to terminate any link or linking program at any time. ifixdevice does not endorse companies or products to which it links. If you decide to use any of the third party sites linked to this Website, you do so solely at your own risk.

Copyrights © 2013 & All Rights Reserved by ifixdevice Inc.