Terms of Service / End User License Agreement

Posted: March 5, 2026 Effective: March 5, 2026


IMPORTANT: READ THESE TERMS OF SERVICE/END USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY AND IN ITS ENTIRETY.

IF YOU CREATE AN ACCOUNT, DOWNLOAD, INSTALL OR USE ANY SOFTWARE OR SERVICES THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS AGREEMENT, USE ANY SITES OR SERVICES, AS DEFINED HEREIN, CLICK “I AGREE” OR OTHERWISE ELECTRONICALLY AGREE TO BE BOUND BY THESE TERMS, THAT WILL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REALDEFENSE, LLC AND ITS AFFILIATED ENTITIES (d/b/a IOLO) (“REALDEFENSE”, “OUR”, “WE” OR “US”) AS ISSUER OF THIS AGREEMENT AND THE LICENSOR OF THE REALDEFENSE SOFTWARE OR SERVICES, AS DEFINED HEREIN.

THIS AGREEMENT IS PROVIDED IN CONNECTION WITH THE REALDEFENSE PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH CAN BE FOUND AT HTTPS://WWW.REALDEFEN.SE/PRIVACY-POLICY.HTML AND DESCRIBES HOW WE COLLECT, USE, PROCESS, AND PROTECT DATA WHEN YOU ARE USING AND ACCESSING THE PRODUCTS (AS DEFINED HEREIN). PLEASE READ THESE TERMS AND THE PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE PRIVACY POLICY OR DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT CREATE AN ACCOUNT, USE THE SERVICES, DOWNLOAD, INSTALL, OR USE THE SOFTWARE OR SERVICES.

THIS AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS), ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIAL OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AS STATED IN THE “DISPUTE RESOLUTION; GOVERNING LAW” SECTION BELOW. BY AGREEING TO THIS AGREEMENT, YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

THIS AGREEMENT APPLIES TO YOU AND ANY AND ALL PERSONS THAT YOU PERMIT TO DOWNLOAD, INSTALL, OR USE THE PRODUCTS, AS DEFINED HEREIN. IF YOU ARE USING THE PRODUCTS ON BEHALF OF YOUR EMPLOYER OR ANOTHER ORGANIZATION, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO AND DO AGREE TO THIS AGREEMENT ON BEHALF OF THAT EMPLOYER OR ORGANIZATION.

I. PRODUCTS

This Agreement governs your use of and access to RealDefense Sites, Services, and Software, including:

  • MyCleanID Privacy Software, MyCleanPC, MyPassLock, GetMyDrivers, Updater, CyberDefender, Hotspot Shield, System Mechanic Free, System CheckupTM, System Mechanic®, System Mechanic Ultimate Defense®, System Mechanic® Professional, System Mechanic® Business, Privacy GuardianTM, Malware KillerTM, ByePassTM, ByePass+TM, System Shield® Antivirus and Antispyware, Search and RecoverTM, SafeWeb, SafeSearch, DriveScrubber®, ioloVPN, SUPERAntiSpyware, and other downloadable software RealDefense may market and provide from time to time (collectively, the “Software”);
  • MyCleanID® Cloud Protection, WarrantyStar®, USTechSupport®, RemoveMeTM, LiveTechTM, and other online technical services RealDefense may market and provide from time to time (the “Services”); and
  • RealDefense websites including: realdefen.se, iolo.com, iolovpn.com, superantispyware.com, mycleanid.com, mycleanpc.com, mypasslock.com, getmydrivers.com, cyberdefender.com, warrantystar.com, ustechsupport.com, support.com, removemenow.com, and other websites RealDefense may operate from time to time (the “Sites”).

In this Agreement, the Sites, Services, and Software are referred to collectively as the “Products.” Products include software and services that we own and operate directly, as well as software and services that we market or provide from or on behalf of third parties.

II. RIGHT TO MODIFY TERMS.

Except as it relates to an arbitration which has already commenced, which will be governed by the version of this Agreement in effect as of the date of the Notice of Claim, this Agreement may be updated or modified from time to time, in our sole discretion, including, without limitation, to address: changes to existing products; the introduction of new products, improvements, or features; or a change in the legal or regulatory framework regarding any of the Products. RealDefense will provide notice of the revisions in this Agreement, which will consist of a notice on the website relating to the Product. All modifications to this Agreement are effective as of the date of posting, unless otherwise required by law.

IF YOU CONTINUE TO ACCESS AND/OR USE THE PRODUCTS AFTER THE EFFECTIVE DATE OF ANY CHANGE TO THIS AGREEMENT, IT MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THE CHANGES IN THIS AGREEMENT, YOU MAY NOT USE ANY OF THE PRODUCTS AFTER THE EFFECTIVE DATE OF THE CHANGE AND SHOULD TERMINATE ANY ACCOUNTS YOU HAVE WITH REALDEFENSE AS OF THE EFFECTIVE DATE OF THE CHANGE.

III. WHAT YOU PROMISE TO US

  1. You are at least eighteen years old and have the authority to enter into legally binding agreements.
  2. You are using the Products for your personal, non-commercial use, or you are actively monitoring and supervising your minor child’s use of the Products for their personal, non-commercial use, and such use is not for any other third party or purpose. You remain responsible for any such use by your minor child.
  3. You have read and agree to this Agreement and the Privacy Policy.
  4. You will not misuse the Products in any manner, nor will you assist, support, or suggest that anyone else do so. Misuse includes, without limitation, to attempt or actually:
    1. Probe, scan, or test the vulnerability of any system or network,
    2. Breach, undermine, or otherwise circumvent any security or authentication measures, source code protections, or digital signing mechanisms,
    3. Access, tamper with, or use non-public areas or parts of the Products or shared areas of the Products that you do not have permission to access,
    4. Access accounts of other users,
    5. Assault, interfere with, or disrupt or deny service in any way or form to any user, host, or network (for example, by sending a virus or other harmful code, overloading, flooding, spamming, or mail-bombing any part of the Products),
    6. Access, search, or create accounts for the Products by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk),
    7. Send unsolicited communications, promotions or advertisements, or spam,
    8. Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing,”
    9. Promote or advertise products or services other than your own without appropriate authorization,
    10. Sublicense, rent, lease, lend, resell, repackage, rebrand, publish, copy, use, sell or otherwise distribute or permit others to distribute the Products unless specifically authorized in writing to do so,
    11. Reverse engineer, decompile, disassemble, modify, or create derivative works from the Products, except and only to the limited extent applicable law expressly permits,
    12. Transmit or store materials that may infringe on the intellectual property rights or other rights of third parties;
    13. Publish or share materials that are unlawfully pornographic or indecent or contain extreme acts of violence,
    14. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
    15. Use the Products for any military purpose, including: cyberwarfare, weapons development; or the design, manufacture, or production of missiles, nuclear, chemical, or biological weapons,
    16. Violate any applicable law or regulation in any way (including laws related to data privacy and export control), or use the Products for any fraudulent purpose, including, without limitation: storing, publishing, or sharing material that is tortious, fraudulent, defamatory, libelous, invasive of another’s privacy, or misleading; sending unsolicited emails, financial fraud, extortion, blackmail, identity theft, pharming, or any activity that harasses, stalks, threatens, harms, monitors others, or exploits children in any way.
  5. With respect to export control and sanctions laws, you agree that you will not provide or export the Products to (i) nationals or residents of any country or region subject to sanctions or a trade embargo administered by the United States (see https://ofac.treasury.gov/sanctions-programs-and-country-information); or (ii) any person or entity included in the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List. We use various technologies to block users from restricted locations. If you attempt to circumvent these technologies, you will be in material breach of this Agreement, and we will decline to provide Products to you.
  6. You will cooperate with all RealDefense employees, technicians, and contractors in connection with your use of the Products. In certain cases, technicians may request additional information, screenshots, or files from your device. Please be advised that without your cooperation, the services we provide may not be as reliable or effective.

IV. SOFTWARE USAGE

  1. The Products may include software. This software can be downloaded from the corresponding product Site and is periodically updated. Your right to use the downloaded software depends on your compliance with this Agreement, and any software specific terms set forth below or located on the Site where you access the software. If there is a conflict between this Agreement and the software specific terms, the software specific terms will govern and apply.
  2. Where you download, install, or use Software, you are granted a limited, personal, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download, install, and use a single copy of the Software onto a single computer, mobile device, or tablet (unless your subscription expressly permits you to use the Software on more than one device), and solely for your personal, non-commercial use during the subscription term and solely in connection with this Agreement.
  3. This Agreement does not convey to you any rights of ownership in the Software. By accepting this Agreement, you agree that the Software, including any releases, revisions, updates, enhancements, or derivatives thereof, is owned by RealDefense (or its licensors), and is licensed, not sold, to you and RealDefense reserves all rights to the Software not expressly granted herein.
  4. There may be technological or security measures in the Software that are designed to prevent unlicensed or illegal use of the Software. You agree that RealDefense may use these measures to protect the Software against piracy. The Software may not continue to function without these measures activated.
  5. As described further in Section XII below, RealDefense expressly disclaims any warranties of non-infringement, merchantability, and fitness for a particular purpose. RealDefense does not warrant that the Software will (i) achieve specific results, (ii) operate without interruption, or (iii) be error free. RealDefense uses commercially reasonable efforts to protect your data but does not warrant that your data will be secure in all circumstances, foreseen and unforeseen.
  6. As described further in Section XIV below, RealDefense expressly disclaims all liability for the Software, including any loss or liability resulting from lost or compromised data caused by the Software. The Software may make changes to your computer or mobile device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Software as infected or a potential concern. You acknowledge and agree to such changes to your computer or mobile device that may occur as a result of your use of the Software. In no event will RealDefense be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the software or any data supplied therewith, even if RealDefense has been advised of the possibility of such damages, or for any claim by any other party.
  7. The Products are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including nuclear facility operations, air traffic communications systems, weapons systems, direct life support machines, or any other application where the failure of the Products could lead directly to death, personal injury, loss of data, or severe physical or property damage.

V. SOFTWARE BEHAVIOR

  1. Scheduled Tasks. By installing desktop software or mobile apps produced by RealDefense you acknowledge that the products may create and run scheduled tasks on your device. Scheduled tasks are enabled by default. You can disable most scheduled tasks at any time from within the Product settings. If you wish to disable ALL scheduled tasks, you need to uninstall the software completely. Additional payment is not required to disable, enable, or amend the scheduled tasks created by any one of the Products.
  2. Background Processes. Upon installation, the Products may set and run tasks or background processes on your computer that will auto-start upon reboot or restart of your computer’s operating system. These tasks are required to check your installed software for available updates, validate your license information, monitor your computer for specific product-related items (such as privacy threats, malware infection attempts, etc.) and various other product-related tasks required for the products to operate. If you do not wish to grant the products that permission, please uninstall the products at your convenience or disable the ‘Launch at System Startup’ option from within the product settings, where applicable. If you choose to uninstall the Products, that will not entitle you to any refund.
  3. URL Redirects/Blocked Websites. When installed, Products may detect certain website and/or software communication attempts as malicious and block any outgoing or incoming communication between your computer and the specific website and/or IP address. This communication block is done for your safety. If you do not wish to grant the Product(s) that permission, please uninstall the Product(s) at your convenience or disable the ‘Safe Browsing’ feature from within the Product’s settings where applicable. If you wish to visit/allow the blocked URL after all, please add the URL to the exclusion list of your security software.
  4. User Account Control (“UAC”). UAC is a security feature of Microsoft® Windows operating system which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. Certain Products may disable the UAC prompts relating only to those Products. At any point you can uninstall the Product if you feel this is an inconvenience to you. If you choose to uninstall the Products, that will not entitle you to any refund.
  5. Installing Multiple Software Products. Please note that installing multiple security products and/or utilities with overlapping coverage on devices that are not designed for high performance is not recommended, nor needed.
  6. General Software Behavior. We make commercially reasonable efforts to support and update our Software to maintain compatibility with updates to related software, services, or operating systems that may impact or be impacted by the behavior of our Software. However, from time to time a new patch or version of a third-party product may be released that is incompatible with our Products. In such cases, we cannot guarantee that our Products will continue to function properly following the installation of these incompatible third-party products.
  7. Silent Software Installation. If you have downloaded any of the Software through a 3rd party bundled offer where any RealDefense Product was included as a “software bundle”, the assent to download via a bundle may result in RealDefense Software being silently installed on your device, without an installation wizard and without your explicit consent and permission. Such Products may be uninstalled at any time.

VI. ADDITIONAL PRODUCT SPECIFIC TERMS

In addition to this Agreement, the following Product-specific terms apply to the following product types. As noted above, if there is a conflict between the provisions in this Agreement and the Product-specific terms in this Section VI, the terms of this Section VI will govern and apply.

IDENTITY PROTECTION SERVICES

  1. RealDefense partners with Array US, Inc. (“Array”) to provide you with identity theft protection services. Use of the identity protection services or products may be subject to additional terms and conditions, which would be provided upon subscription if applicable.
  2. Some of the Products may allow you to review a copy of your credit report and score or alerts derived from changes to your reports (the “Credit Monitoring Service”).
  3. Some of the Products may allow you to review a copy of your online presence and request removal of your name, phone number, email, or similar information from the internet (the “RemoveMe Service”).
  4. By using Software or Service that provide the Credit Monitoring Service, including, without limitation, MyCleanID, you agree that you are providing written instructions and your consent in accordance with the Fair Credit Reporting Act authorizing RealDefense, its affiliates and third-party service providers, including but not limited to, Array, to obtain your consumer credit report information, including your credit information, from the personal credit report maintained by one or more of the three nationwide credit reporting agencies (Equifax, Experian, and TransUnion), or any other credit bureau from which RealDefense and its service providers, including Array, obtain consumer information.
  5. You agree and hereby authorize RealDefense, Array, and their respective affiliates, agents, representatives, contractors, and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties, as provided in the Privacy Policy of RealDefense or Array, as may be amended from time to time.
  6. You hereby waive any and all claims against RealDefense and all their agents and employees, and its directors, officers, shareholders, employees, agents, contractors, and representatives (collectively herein, “Personnel”) for the acts or omissions of these third parties, including Array, with regard to the use or disclosure of your personally identifiable information in compliance with these Terms.
  7. You further authorize RealDefense, its service providers, including Array, and their respective Personnel, to obtain various information and reports about you (or about your child that you have enrolled, if applicable) including address history reports, name and alias reports, criminal reports, or sex offender reports, and to provide monitoring and alerts, solely to the extent necessary to provide the Products.
  8. While enrolling for these identity protection services, RealDefense and its service providers, including Array, may ask you for the following types of information:
    1. Contact information (such as name, address, phone number, and email address);
    2. Sensitive information (such as date of birth, driver’s license number and social security number);
    3. Personal information to verify your identity; and
    4. Financial information (such as credit card number).
  9. The information set forth in Section VI I.1h. is required in order to verify your identity, charge you the agreed upon fees for the Products, provide our Products to you, and communicate with third parties (such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or other authorized parties) as necessary.
  10. While we will provide commercially reasonable help to you with issues relating to these Services, if you need to contact Array, you may do so by writing to its agent at:

    Array US, Inc.
    Attn: Legal Department
    2200 N. Federal Hwy., Suite 217
    Boca Raton, FL 33431
    Email: legal@array.com
  11. These Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters.

REMOTE TECHNICIAN SERVICES

  1. In addition to standard technical support and customer support for our Products (offered via USTechSupport®), RealDefense may offer remote technician services via a subscription service (e.g., LiveTechTM), which may include live (in English) troubleshooting over the phone or through your computer or device (collectively, the “Remote Services”). Use of the Remote Services is subject to this Agreement, including the additional product-specific terms in this section.
  2. By using the Remote Services, you authorize RealDefense and its Personnel to access and control your computer, including the installation or use of software, the collection of system data, and modification of your device settings for the purposes of diagnosis, service, and repair.
  3. RealDefense and its Personnel will have no responsibility or liability under any circumstance at any time for any loss or harm (including damage to your computer, device, or loss of data) that may arise from or may be related to the Remote Services.
  4. RealDefense does not provide separate backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
  5. RealDefense does not backup or restore data as part of the Remote Services. You are solely responsible for maintaining and backing up your information, data, text, software, or other stored materials (“Data”) before using the Remote Services.
  6. RealDefense will use its commercially reasonable efforts to resolve your problem. However, we cannot guarantee that we can solve all problems. The provision of Remote Services may not be successful in addressing your concerns because the problem may be beyond our ability to resolve remotely.
  7. You grant RealDefense permission to monitor and record the Remote Services, including telephone calls and online sessions, for purposes of improving customer service, internal training, and internal market research. You further hereby grant RealDefense permission to use or disclose any such information, including recordings made during the provision of the Remote Services, in our sole discretion as necessary or appropriate: to satisfy any law, regulation, or other governmental request; to provide the Remote Services to you; to protect ourselves and/or our customers; to enhance the types of Remote Services we may provide to you in the future; and in any manner set forth in the Privacy Policy.

ONLINE BACKUP SERVICES

  1. RealDefense may offer online backup services designed to upload and synchronize your Data to an internet-connected facility (“Online Backup Services”). Use of the Online Backup Services is subject to this Agreement, and the additional terms set forth in this Section VI.
  2. RealDefense agrees to provide the Online Backup Services in a professional and workmanlike manner.
  3. RealDefense will use its commercially reasonable efforts to assist you with backing up and recovering the data we helped back up using the Online Backup Services. However, we cannot and do not guarantee that we will be able to recover your backed up data in all circumstances.
  4. YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE ONLINE BACKUP SERVICES.
  5. If you decide to terminate or stop paying for the Online Backup Services, your Subscription Term for the Online Backup Services will terminate and you will have ten (10) days from the termination date of your Subscription Term to remove all your accessible Data from the Online Backup Services that you desire to remove. After the ten-day period expires, we will delete your Data from our systems.

VII. THIRD PARTY PROVIDERS

  1. You acknowledge that some of the Products use software or applications that are developed by parties other than RealDefense (each a “Third Party Provider”). Third Party Providers may include (without limitation): AnchorFree AG (developer of Hotspot Shield); Avira Operations GmbH (which provides certain features of SUPERAntiSpyware, System Mechanic Professional, System Mechanic Ultimate Defense, Malware Killer, and System Shield); ShieldApps (developer of MyCleanPC, MyCleanID, MyPassLock); Systweak Software (developer of GetMyDrivers, Updater, and ByePass+); Array (MyCleanID Cloud Protection and RemoveMe). With respect to any software or applications developed or provided by any Third Party Providers, RealDefense (i) makes no warranties of any kind, whether express or implied; (ii) makes no guarantees of any kind, including with respect to performance, uptime, or availability; (iii) expressly disclaims any liability whatsoever for any claims relating to or arising out of the use of Third Party Providers’ products, software, or applications; and (iv) will have no obligation to provide support for any software or any applications provided by any Third Party Provider.
  2. Without limiting any of RealDefense’s rights under this Agreement, you agree to indemnify, defend, and hold RealDefense harmless from any claim relating to or arising out of the use of any product, software, application, or service provided by any Third Party Provider.

VIII. AUTOMATED TELEPHONE DIALING SYSTEMS

You agree to allow RealDefense to contact you for marketing or other purposes using an automated telephone dialing system, artificial or prerecorded voice messages, and by email. Your consent to automated calls or emails is not a condition of purchasing any Products. You may revoke your consent to receive automated calls or emails at any time by notifying us in writing or through any other method we provide for revocation, including an unsubscribe link found in an email that we send to you.

IX. INTELLECTUAL PROPERTY RIGHTS

  1. Your use of the Products does not confer any ownership rights in the Products. RealDefense retains all right, title, and interest in and to the Products, including all Intellectual Property Rights therein, without limitation, any RealDefense trademark, logos, and other brand features. You may not use or display any trademarks or service marks owned by RealDefense without RealDefense’s prior written consent.
  2. For the purposes of this Agreement, “Intellectual Property Rights” means all rights, title and interest, whether registered or unregistered, in and to any and all intellectual property, including but not limited to: (a) patents, patent applications, and inventions; (b) copyrights and rights in works of authorship; (c) trade secrets, know-how, and confidential information; (d) trademarks, service marks, trade names, logos, and other identifiers of origin; (e) design rights, including industrial designs and design patents; (f) data and database rights; (g) moral rights; and (h) any other proprietary or intellectual property rights recognized under applicable law in any jurisdiction, including rights in plant varieties, geographical indications, rights of publicity, and domain names.
  3. Your use of the Products constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws related to the Products. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s Intellectual Property Rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Products, networks, systems, or servers, or that is used or transmitted by another person by means of our networks, systems, or servers using the Products you have licensed or purchased from RealDefense. You acknowledge that RealDefense’s policy is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property rights.
  4. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (iii) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. RealDefense reserves the right to terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; terminate your license, access, and your subscription for Products; and delete any such Content from RealDefense’s servers.
  5. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to DMCA Agent, c/o RealDefense, LLC, 150 S Los Robles Ave, Suite 400, Pasadena, CA 91101; or at support@realdefen.se. If you have knowledge or evidence or in good faith believe that your or another person’s or entity’s copyrights are being violated, you may request that RealDefense delete, edit, or disable the infringing information by submitting a takedown request to the DMCA Agent containing the following information (the “Takedown Request”):
    1. Your name, address, telephone number, and email address;
    2. An identification of the copyrighted work that you claim has been infringed;
    3. The exact URL or a description of where the alleged infringing material is located;
    4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    6. A statement by you, made under penalty of perjury, that the above information in your Takedown Request is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. Upon receiving a valid Takedown Request, RealDefense will investigate the claims of copyright infringement and will remove content that appears to infringe the copyright or other intellectual property rights of others, and/or suspend or terminate the rights of any person who is determined to have infringed the copyrights of any other person or entity.
  7. If you submit any feedback, reviews, suggestions, comments, or ideas regarding the Products to us (“Feedback”), you agree that all such Feedback becomes the sole property of RealDefense. RealDefense may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback worldwide, in any manner and for any purpose, without restriction. You acknowledge and agree that you will not receive any compensation or attribution for the use of any Feedback.

X. PAYMENT AND BILLING

  1. You must provide and maintain up-to-date billing information for your subscriptions. You may do so by changing your payment details online at https://www.ustechsupport.com/acc/subscriptions/ or by contacting us at (801) 857-2345. Failure to provide up-to-date billing may disrupt your continued access to the Products. We reserve the right to verify credit/debit card payments prior to completing your subscription purchase. We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing.
  2. You are responsible for all payments related to the Products for subscriptions that you purchase from us or a third-party channel partner authorized by us. Unless we explicitly invoice and itemize tax charges, your payments will be exclusive of taxes, and it is your responsibility to ensure that all applicable taxes have been paid. We reserve the right to collect any sales taxes applicable to your purchase of the Products.
  3. AUTOMATIC RENEWAL NOTICES: Most of our Products that are available via subscription automatically renew each year or each month, depending on your subscription term. For annual subscriptions, we will notify you via an email sent to the email address we have on record prior to each annual automatic renewal, or in such other manner as required by applicable law. If you have purchased a pre-paid subscription, annual subscription, paid monthly or trial subscription (exceeding 31 days) that automatically renews as a paid subscription, we will notify you via email before we charge the payment method on file. If you have a monthly billed subscription without an annual commitment, you may not receive an email each month prior to the subscription charge.
  4. Subject to the limitations of applicable law, if you purchase a subscription to a Product, we will attempt to charge your stored payment method at the then-current price prior to your subscription’s expiration date to ensure that you have continued access to the Product. If the then-current price has changed since you signed up for the subscription, we will notify you of the then-current pricing via email prior to charging the payment method on file. For annual (or greater duration) subscriptions, we may attempt to process each renewal charge as soon as 35 days prior to the subscription expiration date. The date that your payment method is charged will depend on a handful of factors, including but not limited to date and time of first attempt, pending credit card authorizations, and card issuer declines.
  5. We will continue to bill your account for all subscriptions until your account is canceled or terminated. You may cancel your account by calling us at support@realdefen.se, or on the online chat or website contact form on the website for the relevant Product. If you purchased the Products through a third party, you must cancel directly with that third party, and we will not be liable to you for any refund of fees paid by you to such third party.
  6. By agreeing to this Agreement and electing to purchase a Product subscription, you acknowledge and agree that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription.
  7. Refunds for purchases of standalone Software (not provided as part of a Service) will be granted only to users who contact RealDefense within thirty days of purchase by phone at (801) 857-2345. While we will process your refund within ten business days, it may take your financial institution longer to post the credit to your account. Refunds are only offered in the form of a credit back to the original form of purchase.
  8. Except as expressly set forth in this Agreement, monthly, quarterly, and annual subscription fees, and all other charges, fees (including payment processor fees), and taxes are not refundable.
  9. Refunds are not granted where rebates have been applied for.
  10. We reserve the right to discontinue a discount and/or to change price(s) or offers at any time. These changes will not affect your current subscription, but may affect the price for any renewal.

XI. CUSTOMER SUPPORT

We offer free, telephone-based customer support for our Products via our call-center, currently operating as USTechSupport®. When you contact USTechSupport®, our representatives may: (i) answer questions about your account or subscription; (ii) provide assistance with any RealDefense Products; (iii) provide information about additional RealDefense products, services, and promotional offers that may benefit you; and (iv) offer discounts or other incentives. By using USTechSupport®, you consent to receiving information about additional products and promotional offers during your support interaction. You may decline any such offers without affecting the support services you receive or your current Product subscriptions.

XII. TERMINATION

  1. You are free to stop using the Products at any time. We reserve the right to suspend or terminate your access to some or all of the Products with notice to you if:
    1. You are in breach of this Agreement,
    2. You are using the Products in a manner that would cause a real risk of harm or loss to us or other users, or
    3. You are delinquent in meeting your payment obligations.
  2. Except where immediate termination is required, we will attempt to provide you with reasonable advance notice via the email address associated with your account regarding a pending termination of your account and provide you an opportunity to remedy the activity that prompted us to contact you and give you the opportunity to export your data from the Products. If, after such notice, you fail to take the steps we ask of you, we will terminate or suspend your access to the Products.
  3. In certain instances, however, we will terminate your account immediately without first providing you notice. This typically occurs if:
    1. You are in material breach of this Agreement,
    2. Providing you notice of termination would expose us to legal liability or hinder our ability to service our other customers, or
    3. We are prohibited from doing so by applicable law.

XIII. NO WARRANTIES

WE STRIVE TO PROVIDE GREAT SOFTWARE, SITES AND SERVICES, BUT THERE ARE CERTAIN THINGS THAT WE CAN’T GUARANTEE. THE PRODUCTS ARE PROVIDED “AS IS”. THEREFORE, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN OR LIMITED BY APPLICABLE LAW, REALDEFENSE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALDEFENSE MAKES NO WARRANTIES THAT: (a) THE PRODUCTS ARE MERCHANTABLE; (b) THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; (e) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, REALDEFENSE MAKES NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.

XIV. INDEMNITY

  1. You agree to indemnify, defend, and hold harmless RealDefense, its parents and affiliates, and its and their officers, directors, shareholders, members, employees, consultants, representatives, and agents from liability for any and all claims, liabilities, demands, disputes, causes of action, losses, damages, and costs and expenses of any kind (including, without limitation, reasonable attorneys’ fees) (collectively, “Claims”) arising out of or relating to:
    1. Your violation of any law or regulation;
    2. Any use of the Products in a manner not authorized by this Agreement;
    3. Any material breach by you of the provisions in this Agreement or the Privacy Policy; and
    4. Any acts or omissions on your behalf that infringe, misappropriate, or otherwise violate the Intellectual Property Rights of any other person.
  2. You agree to notify RealDefense immediately if you become aware of (i) an act of infringement, violation, or misappropriation of the intellectual property of any other person, or (ii) any unauthorized use of your account or any other breach of security known to you.

XV. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL REALDEFENSE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLIED, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY UNDER WHICH THEY ARISE, INCLUDING WITHOUT LIMITATION, WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER REALDEFENSE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. REALDEFENSE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF $50 USD OR THE ACTUAL AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALDEFENSE.

YOU MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAWS IN YOUR JURISDICTION. NOTHING IN THIS AGREEMENT WILL AFFECT THOSE RIGHTS, IF THEY APPLY. IF YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THOSE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.

XVI. DISPUTE RESOLUTION; GOVERNING LAW

  1. PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH REALDEFENSE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REALDEFENSE.
  2. Except as expressly provided herein, this Agreement is governed by, and will be construed and enforced under, the laws, rules, and regulations of the State of California, excluding conflicts of law rules and principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
  3. Prior to starting any formal legal proceedings, we would like the chance to resolve your issue ourselves. Therefore, you agree that before filing a claim against RealDefense, you must contact us, either by phone at (801) 857-2345 or email at support@realdefen.se to notify us regarding your claim. Such notice will provide us sufficient information to understand the claim that you are making and the resolution that you are seeking. Upon receiving notice of your issue, we will attempt to resolve the issue informally. If RealDefense is unable to resolve the problem within thirty (30) days of providing notice to us, you or RealDefense may bring a formal legal proceeding in the manner described in this Agreement. Any arbitration brought prior to the sending of notice under this Section XV.1 may be dismissed by RealDefense as premature.
  4. If we cannot resolve your issue as described above, you agree to resolve any claims relating to the Products or this Agreement through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of these arbitration-related provisions, including their enforceability, revocability, or validity.
  5. You acknowledge that arbitration is a substitute for litigation, and that you agree to present any dispute to the arbitrator and not a governmental agency, body, or court.
  6. You can decline this agreement to arbitrate by emailing us at support@realdefen.se within thirty (30) days of first registering your account. However, if you agreed to a previous version of this Agreement that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
  7. JAMS (“JAMS”) will administer the arbitration under its Streamlined Arbitration Rules and Procedures, as modified, to the limited extent required, by the JAMS Consumer Arbitration Minimum Standards. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The JAMS rules will govern payment of all arbitration fees. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  8. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to this Agreement or RealDefense’s Software, Sites or Services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND REALDEFENSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RealDefense agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
  9. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  10. YOU AND REALDEFENSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  11. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, RealDefense may seek injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which RealDefense or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or on your behalf, RealDefense would be irreparably damaged if this Agreement was not specially enforced and, as such, you agree that RealDefense shall be entitled, without the need to post bond or other security or provide proof of damages, to seek injunctive relief or other equitable relief in any court of competent jurisdiction. You agree not to seek to enjoin or limit the availability of any of RealDefense’s Products.
  12. This arbitration provision will survive termination of this Agreement and/or your termination of your account or subscription to the Products.

XVII. MISCELLANEOUS

  1. You and RealDefense agree that any judicial proceeding to resolve claims relating to this Agreement or the Products will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions above. Both you and RealDefense consent to venue and personal jurisdiction in such courts.
  2. This Agreement constitutes the entire agreement between you and RealDefense with respect to the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or other terms and conditions applicable to the subject matter of this Agreement.
  3. The official language of this Agreement is English. Any translation of this Agreement is done for local requirements or convenience and, in the event of a conflict between the English and non-English version of this Agreement, the English version of this Agreement shall govern. To the extent permitted by applicable law, in the event of a dispute the parties confirm that they have requested that this Agreement be drafted in English.
  4. This Agreement creates no third-party beneficiary rights. You acknowledge that any adjustment or amendment to this Agreement must be in writing and signed by you and an authorized employee of RealDefense.
  5. RealDefense’s failure to enforce a provision is not a waiver of its right to do so later. Our rights under this Agreement survive any transfer or termination of this Agreement.
  6. You may not assign any of your rights under this Agreement, and any such attempt will be void. RealDefense may freely assign its rights without restriction. This Agreement is binding upon and inure to the benefit of any permitted successors or assigns.
  7. If any part of this Agreement is held or found to be invalid or unenforceable, that portion of this Agreement will be construed to be consistent with applicable law while the remaining portions of this Agreement remain in full force and effect.
  8. Upon termination, discontinuation, cancellation, or suspension of your account, the following provisions of this Agreement will survive: Section IX, Section X, Section XII, Section XIII, Section XIV, Section XV, and Section XVI. In addition to the foregoing that expressly survive termination, any other provision which, by its nature, is intended to survive termination or expiration, including without limitation provisions relating to confidentiality, compliance, shall survive.

XVIII. INTERNATIONAL CUSTOMERS

The following terms may apply if you live in certain geographic jurisdictions (“International Terms”). If these International Terms apply to you, they will take precedence over any conflicting terms within Sections I through XVI.

CANADA.

  1. Language. A French version of the Terms, this Addendum, and any consumer-facing notices will be made available to Québec residents upon request. In Québec, the French version shall prevail in the event of discrepancy with the English text.
  2. Statutory Consumer Rights. Nothing in the Terms (including Sections XII and XIV) limits any non-waivable right or remedy Canadian Users may have under applicable provincial or federal consumer protection legislation, including the Competition Act, the Consumer Protection Act (Québec), the Business Practices and Consumer Protection Act (British Columbia), or comparable statutes.
  3. Cooling-Off / Cancellation Rights. Where required by provincial law, Canadian Users may rescind any distance or off-premises contract for the Products within the statutorily prescribed period mandated by the consumer protection laws (if any) of the User’s province or territory of residence by giving RealDefense notice of cancellation in compliance with applicable law. RealDefense will refund all amounts paid within fifteen days after receipt of a valid notice of cancellation, or such other time period as permitted by law.
  4. Warranty Disclaimer Modification. The warranty exclusions in Section XII do not exclude warranties or conditions that are required by the applicable law, including the Sale of Goods Act of any province or by the Civil Code of Québec.
  5. Limitation of Liability. Section XIV is modified so that it does not exclude or limit liability for: (a) RealDefense’s failure to perform a result-specific obligation (obligation de résultat) toward Québec consumers; (b) damages arising from RealDefense’s own intentional or gross fault; or (c) any liability that cannot lawfully be limited under applicable Canadian law.
  6. Privacy and Data Transfers. Personal information of Canadian Users will be processed in accordance with the Personal Information Protection and Electronic Documents Act and any substantially similar provincial legislation. Where personal information is transferred outside Canada, RealDefense will ensure a comparable level of protection and will, upon request, provide information about its policies and practices with respect to service providers outside Canada. More details may be found in the Privacy Policy.
  7. Unsolicited Messages. All commercial electronic messages sent to Canadian Users will comply with Canada’s Anti-Spam Legislation (“CASL”). Consent to receive such messages may be withdrawn at any time using the unsubscribe mechanism provided.
  8. Dispute Resolution. To the extent required by applicable law, Section XV shall not prevent a Canadian User from bringing proceedings in the courts of the province or territory in which the User resides or from asserting rights through any applicable provincial consumer protection agency or tribunal.
  9. Governing Law. If a court of competent jurisdiction limits the enforceability of Section XV.1, with respect to Canadian Users, the Terms shall be governed by the laws of the province or territory of residence and the federal laws of Canada applicable therein only to the limited extent required to enforce rights arising under such Canadian law.

UNITED KINGDOM.

  1. Statutory Rights Unaffected. Nothing in the Terms, including any limitations of liability, affects the rights of UK Users under the Consumer Rights Act 2015, where applicable.
  2. Cooling-Off Period. If applicable, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 allows a UK User who purchases digital content not supplied on a tangible medium has 14 days after the date of conclusion of the contract to cancel. By downloading or streaming the Software within this period, the UK User expressly consents to immediate performance and acknowledges the consequent loss of the right to cancel. RealDefense will make the statutory pre-contract information available in a durable medium, to the extent required by law.
  3. Alternative Dispute Resolution. To the extent required by law, Section XV does not prevent UK Users from bringing a claim in the UK courts, including for small consumer claims.
  4. Data Protection. For the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018, RealDefense is the data controller of personal data collected from UK Users. Where personal data is transferred to the United States or another third country, RealDefense will implement an appropriate safeguard, such as the UK Addendum to the EU Standard Contractual Clauses. More details may be found in the Privacy Policy.
  5. Limitations of Liability. Section XIV shall not: (a) exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or (b) limit any liability that cannot be limited under applicable law including the Consumer Rights Act 2015.
  6. Unfair Terms. Clauses that are unfair within the meaning of the Consumer Rights Act 2015 will not be binding on UK Users. For clarity, Section VII.2 (indemnity related to third-party providers) is subject to this limitation.
  7. Governing Law and Jurisdiction. If a court of competent jurisdiction limits the enforceability of Section XV.1, with respect to UK Users, the Terms shall be governed by the laws of the relevant part of the United Kingdom.
  8. Electronic Communications. RealDefense’s business details, including its email address and US registered office, will be clearly disclosed on its UK-facing Sites in accordance with the Electronic Commerce (EC Directive) Regulations 2002.

AUSTRALIA.

  1. Australian Consumer Law (ACL). Nothing in the Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (“Consumer Guarantees”). To the extent applicable, we provide the following:

    Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.

    You are also entitled to choose a refund or replacement for major failures with goods.

    If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

    You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  2. Limitation of Liability. Section XIV is modified so that RealDefense’s liability for failure to comply with any Consumer Guarantee is limited, at RealDefense’s option, to: (a) in the case of goods: replacement or repair of the goods or payment of the cost of replacing or repairing them; and (b) in the case of services: resupply of the services or payment of the cost of having the services supplied again, unless it is not fair or reasonable to rely on this limitation.
  3. Unfair Contract Terms. The Terms are intended to be fair and transparent in accordance with sections 23-28 of the ACL. Any term that is determined to be unfair will be severed and the remainder of the Terms will continue in effect.
  4. Data Privacy. Personal information of Australian Users will be collected, used, and disclosed in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where data is transferred overseas, RealDefense will take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information. More details may be found in the Privacy Policy.
  5. Spam Act Compliance. Commercial electronic messages to Australian Users will comply with the Spam Act 2003 (Cth); Users may opt out at any time.
  6. Dispute Resolution. The arbitration clause in Section XV does not apply to Australian Users to the limited extent it purports to limit statutory rights.

FRANCE.

  1. Language. Conformément à la loi n°94-665 du 4 août 1994 (loi Toubon), la version française des Conditions Générales et du présent avenant est accessible aux utilisateurs français. En cas de divergence, la version française prévaudra, sauf si les parties conviennent d’utiliser la version anglaise.
  2. Consumer Guarantees. RealDefense reminds French Users of the legal guarantees of conformity (articles L.217-3 à L.217-20 du Code de la consommation providing protection against defects existing at the time of delivery for a period of 2 years) and against hidden defects (articles 1641 à 1649 du Code civil). These guarantees apply without additional cost and are independent of any commercial warranty.
  3. Right of Withdrawal. Pursuant to article L.221-28 of the Consumer Code, the right of withdrawal does not apply once a French User has (i) expressly consented to the immediate performance of the digital content not supplied on a tangible medium and (ii) acknowledged the consequent loss of the right of withdrawal. Otherwise, a 14-day withdrawal period applies.
  4. Limitation of Liability. Section XIV will not limit or exclude liability for: (a) death or personal injury caused by fault of either party; (b) failure to comply with mandatory legal guarantees; (c) lack of conformity; or (d) any breach resulting from gross or intentional misconduct (“faute lourde ou dolosive”). Any limitation of liability shall be interpreted in accordance with articles 1170 and 1171 of the Civil Code.
  5. Arbitration and Jurisdiction. The arbitration clause in Section XV is limited for French Users under article 2061 of the Civil Code. French Users are also notified of the possibility of recourse to the consumer mediator Medicys or another competent mediation body, in accordance with articles L.612-1 to L.616-3 of the Consumer Code, without prejudice to the User’s right to bring proceedings before the competent courts.
  6. Data Protection. Personal data of French Users will be processed in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the French Data Protection Act (Loi Informatique et Libertés) as amended. French Users have the right to access, rectify, erase, and port their data, and to object to or restrict processing. More details may be found in the Privacy Policy.

GERMANY.

  1. Statutory Warranty Rights. The statutory rights of German Users relating to defects in digital products (sections 327 et seq. of the German Civil Code, “Bürgerliches Gesetzbuch” or “BGB”) apply in addition to, and take precedence over, any contractual warranty. RealDefense’s warranty disclaimers (Section XII) do not affect these statutory rights.
  2. Limitation of Liability. Section XIV will not limit or exclude liability for: (a) intentional misconduct or gross negligence; (b) for injury to life, body, or health; (c) injury protected by the Product Liability Act; and (d) for a guarantee assumed by RealDefense. For mild negligence, RealDefense is liable only for breach of material contractual obligations (Kardinalpflichten) in a manner that endangers the purpose of the contract, limited to typical, foreseeable damages.
  3. Right of Withdrawal. German Users have a 14-day statutory right to cancel distance contracts. The right expires early if the performance of the contract has begun after the User’s express consent and acknowledgment of the loss of the withdrawal right. RealDefense will provide the model withdrawal form and required information under the Introductory Act to the BGB.
  4. Contract Text. RealDefense will store the text of each order and provide it to the German User in durable form on request. The User may print or save the Terms during the order process.
  5. Dispute Resolution. RealDefense is not obliged and does not undertake to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). The EU online dispute resolution platform is available to German Users.
  6. Data Protection. Processing of personal data of German Users complies with the GDPR and the German Federal Data Protection Act (Bundesdatenschutzgesetz). Cross-border transfers will rely on an adequate safeguard pursuant to Article 46 GDPR. More details may be found in the Privacy Policy.

JAPAN.

  1. Consumer Contract Act. Any clauses in the Terms are invalid to the extent they contravene the Consumer Contract Act (Act No. 61 of 2000).
  2. Specified Commercial Transactions Act. RealDefense will comply with the Act on Specified Commercial Transactions with respect to the disclosure of required business and transaction information to consumers.
  3. Cooling-Off. To the limited extent required by law, RealDefense will honor any statutory cooling-off rights available to Japanese Users under the Act on Specified Commercial Transactions.
  4. Privacy. Personal information of Japanese Users will be handled in accordance with the Act on the Protection of Personal Information (“APPI”). Japanese Users consent to the transfer of personal data to the United States and other jurisdictions, and RealDefense will take reasonable steps to ensure such overseas recipients will handle personal data in accordance with the APPI. More details may be found in the Privacy Policy.
  5. Automatic Renewal. Where required by applicable law, RealDefense will provide disclosure of any automatic renewal mechanism in accordance with the Act on Specified Commercial Transactions and any other applicable regulations.
  6. Limitation of Liability. To the extent required by law, Section XIV does not exclude or limit RealDefense’s liability for damages arising from its willful misconduct or gross negligence. To the maximum extent required by law, RealDefense’s liability to the Japanese User for ordinary negligence is limited to direct and actual damages and shall not exceed the total amount paid by the Japanese User under the applicable subscription during the twelve months preceding the event giving rise to liability.