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SLIMWARE PREMIUM SUPPORT

TERMS OF SERVICE

ACKNOWLEDGMENT AND ACCEPTANCE OF SLIMWARE TERMS OF SERVICE

This Slimware Premium Support Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Slimware Premium Support service (the “Service”) that Customer has purchased. These Service Terms comprise the entire agreement between Customer and Slimware Utilities Holdings, Inc. (“Slimware”) with respect to the Service. If you are acquiring Service on behalf of a business, you represent that you are authorized to represent that business to accept these Service Terms on its behalf.

DESCRIPTION OF SERVICE

Upon purchase of the Service, Customer shall be eligible for live specialist support from Slimware’s on-demand IT help desk for computer and mobile device problems, available 365 days a year, 24 hours a day. Features of the Service may include any of the following:

DEVICES COVERED; EXCLUSIONS

We cover PC software issues that may prevent your PC from running properly, support issues with devices attached to your PC, and certain issues relating to your Android mobile device. Service is on a per-customer basis and is limited to (a) for individual consumers, the number of devices owned by the Customer and covered by the payment plan purchased by the Customer (the “Plan”), and (b) for business users, the number of end-users employed by that entity and covered by the Plan. If Customer is a business entity, the personal devices owned by its employees are excluded from coverage. Eligible devices include PCs running Microsoft Windows (including notebooks, laptops, and desktops) and mobile phones and tablets running Android OS version 2.3+, with the following exceptions for certain device manufacturers:

We do not support any products running Apple’s iOS operating system. We cannot fix broken hardware devices which require physical intervention (including water damaged phones and cracked screens), and we cannot provide detailed product support for 3rd party software applications which lie outside Microsoft Windows, or the supported versions of Android, or teach you how to use them.

PAYMENTS

Customer agrees to pay the fees (including any applicable taxes) for the Service at the rates in effect at the time of purchase, and in accordance with the Plan selected by Customer. If Customer opts to pay the Service fees in installment payments, Slimware will automatically charge the payment method Customer provided at registration at the intervals specified at the time of purchase. Slimware may change the fees and charges applicable to the extension or renewal of any Plan by giving Customer notice of such changes in advance of Customer agreeing to the extension or renewal of any Plan.

REFUNDS AND CANCELLATION

Unless stated otherwise in writing by Slimware (which may include email), all fees and charges are nonrefundable.

If Slimware does not resolve Customer’s concerns on the day Customer initially purchases the Services to Customer’s satisfaction, Customer may cancel the Services and obtain a full refund of payments made by emailing support@slimwarepremiumsupport.com within 24 hours of the purchase of the Services.

At any time after 24 hours from the purchase of the Services, Customer may cancel the Services with immediate effect and cancel any future installment payments effective immediately, by emailing support@slimwarepremiumsupport.com, but may not receive a refund of payments previously made.

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

Slimware may change the Service Terms from time to time. Upon any change in the Service Terms, Slimware will notify Customer by posting the changes to the site from which Customer purchased the Services. If Slimware materially modifies the Service Terms in a manner that has an adverse effect on Services Customer has purchased, Slimware will notify the Customer of changes to the Service Terms by email, and Customer hereby agrees and consents to receive that and other important notices by email. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

SERVICE AVAILABILITY AND LIMITATIONS

The Service may not always be available due to system maintenance or Internet service disruptions.

The Service may be subject to additional requirements, limitations, and restrictions depending on the plan purchase by Customer.

USE OF SERVICES

Customer is permitted to use the Service only for Customer’s personal and internal business purposes on Customer’s technology, and not for any commercial use, including resale or transfer to others. Customer may not sell, lease, or rent access to or use of the Service. Customer may not allow manufacturers, suppliers or vendors of Customer technology, or providers of services relating to such technology, to access or use the Service.

Slimware reserves the right to terminate Customer’s use of the Service in accordance with these Service Terms, if Slimware determines, in its sole business judgment, that the Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than Customer, (d) unreasonably, or (d) for any device not covered by the Plan purchased by Customer.

Customer may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) Customer uses the Content solely for personal, informational and non-commercial purposes; (2) Slimware’s existing trademarks and/or copyright symbol and statement appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to Customer in connection with the Service constitute a license and not a transfer of title. Slimware reserves the right to revoke the authorization to view, download and print the Content available through the Service at any time, and any such use shall be discontinued immediately upon notice from Slimware. Except as expressly provided herein, Customer may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Service in whole or in part without the prior written permission of Slimware. Any rights not expressly granted herein are reserved by Slimware.

RESTRICTIONS

Customer shall not: (a) “mirror” any Content on the Service on any other server without Slimware’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Slimware or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Service that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others, (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Service; or (h) interfere with the Service or any system, service, network, or person accessible from the Service, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

CUSTOMER’S RESPONSIBILITIES

Customer agrees that it must cooperate with Slimware, promptly respond to Slimware’s requests for information, and comply with Slimware’s requests to take actions to resolve Customer’s technology problem.

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

Customer agrees that prior to Slimware servicing any Customer equipment, it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, mobile device(s), and accessories; and (2) remove all compact disks, DVD’s, flash drives, or other media from Customer’s equipment. Customer agrees that Slimware shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, compact disks, DVDs, flash drives, or other media.

CONSENT TO RECEIVE TELEPHONE CALLS

Customer may provide Slimware with a telephone number when registering for or using the Services or in the course of communication with Slimware representatives. This number will be used by Slimware only for the limited purpose of Slimware providing requested Services and addressing billing questions. By providing a telephone number, Customer consents to calls at that mobile or landline number by Slimware, including calls to that number using equipment that has the capacity to autodial. Customer is under no obligation to provide a telephone number and the Services are in no way conditioned upon Customer providing telephone number.

AUTHORIZATION TO ACCESS COMPUTER OR MOBILE DEVICE

Customer agrees that by using the Services, Customer is authorizing Slimware to access and control Customer’s computer and/or mobile device via remote access software for the purposes of diagnosis, service and repair. Customer further authorizes Slimware to download software (as described further below) and modify any system setting in connection with the Services. Customer must provide consent and follow agent instructions to initiate any remote support session.

USE OF THIRD PARTY SOFTWARE AND TOOLS; AUTHORIZATION TO ACCEPT LICENSE ON CUSTOMER’S BEHALF

Slimware may need to download and/or run software on Customer’s computer to help diagnose and resolve any computer or mobile device performance problem. Slimware uses several types of software: (1) software that provides computer or mobile device system information to Slimware which helps diagnose and resolve performance problems; (2) software that allows Slimware to remotely control Customer’s computer and/or mobile device and modify its settings or software; and (3) software that generally consists of utilities and other tools to improve computer or mobile device performance and help resolve technology problems.

Customer acknowledges and agrees that use of all Slimware software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) is subject to the license agreements that may appear or be referenced when such Software accessed or downloaded. Customer hereby agrees that Slimware may download to Customer's computer and/or mobile device and utilize Software in the performance of the Services; Further, Customer hereby authorizes Slimware, as Customer’s agent, to accept any applicable third-party license agreements for Software on Customer’s behalf. Customer agrees that Slimware may, but is not obligated to, remove any Software downloaded to Customer’s computer and/or mobile device during the Services after Slimware has completed or terminated the Services. In the event Slimware uses any third-party tool(s) in its provision of the Services, Slimware may collect and retain any log files or other transactional data generated by such third-party tool(s). All right, title, and interest in any log files or other transactional data generated by third party software utilized in Slimware’s provision of the Services shall vest and shall remain with Slimware. To the extent the forgoing sentence conflicts with the terms any third party Software license agreement, Customer hereby irrevocably assigns to Slimware any interest in any log file or transactional data generated.

Certain Software may be further subject to United States Export Controls. Customer agrees to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and Customer represents and warrants that Customer will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.

MONITORING OF THE SERVICES

Slimware may, but has no obligation to, monitor and record its provisions of the Services, including recording telephone calls and online sessions, for purposes of improving customer service, internal training and internal market research. Customer hereby grants permission to Slimware to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to Customer; to protect ourselves and/or our users; and to enhance the types of Services Slimware may provide to in the future.

SECURITY

In order to use the Services, Slimware may require that Customer register with Slimware. During the registration process, Customer may be asked to designate, or Slimware may designate for Customer, a user name and password. Customer is responsible for maintaining the confidentiality of any password or account information Customer receives from Slimware, and Customer is responsible for all activities that occur using that password or other account information. Customer must provide complete and accurate identification, contact, and other information required as part of the registration process. Customer must notify Slimware immediately upon learning of any unauthorized disclosure or use of Customer’s password or other account information. Slimware has no liability for any unauthorized use of the Services under Customer’s account.

PRIVACY POLICY

It is Slimware's policy to respect the privacy of its Customers. For information on our privacy practices, please review our privacy policy at www.slimwarepremiumsupport.com/privacy.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Slimware (and its affiliated and parent companies and their service providers and their respective officers, directors, employees and agents) (hereinafter collectively, the “Slimware Parties”) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Slimware by reason of, or arising from: (a) Customer's breach of these Service Terms; (b) Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer's actual or alleged failure to promptly pay sums due Slimware or third parties; (d) Customer's failure to comply with applicable laws, regulations or ordinances; (e) use of the Services in any manner that is illegal; (f) any illegal content on Customer’s PC or mobile device; or (g) the acts or omissions of Customer (or its officers, directors, employees or agents if Customer is a legal entity).

DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLIMWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SLIMWARE MAKES NO WARRANTY OF ANY KIND WITH REGARD TO ANY THIRD PARTY SOFTWARE USED IN ITS PROVISION OF THE SERVICES. SLIMWARE MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED , TIMELY, SECURE, OR ERROR FREE; NOR DOES SLIMWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY SOFTWARE AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/MOBILE DEVICE/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SLIMWARE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.

LIMITATION OF LIABILITY

THE SLIMWARE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ALL OF THE SLIMWARE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer's responsibility to back-up the software and data that is stored on Customer's computers, mobile devices, hard disk drive(s), and/or on any other storage devices Customer may have, and Slimware shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. The Slimware Parties shall not be liable in any way for damages arising from any Software or other product supplied to Customer by Slimware. Notwithstanding any language to the contrary, the Slimware Parties’ maximum liability to Customer arising from or related to these Service Terms shall be limited to the sums paid by Customer to Slimware under these Service Terms during the twelve (12) months prior to the time the cause of action arose.

BINDING ARBITRATION AND CLASS ACTION WAIVER

These Service Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. Customer expressly agrees that any controversy, dispute or claim (“Litigation”) arising out of, relating to, or in connection with, these Service Terms or the Service, or relating to the Slimware Parties’ activities or services or to the Slimware Parties otherwise under these Service Terms, shall be settled by confidential binding arbitration in New York County, New York, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Customer’s use of the Service or these Service Terms must be filed within one (1) year after such claim or cause of action arose or was reasonable discovered, whichever is later, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in New York County, New York. In the event of any Litigation arising from, related to or in connection with these Service Terms or the Service, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys’ fees and the costs of arbitration.

Any proceedings to resolve or litigate any Litigation in any forum will be conducted solely on an individual basis. Customer will not seek to have any Litigation heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

CHOICE OF LAW

These Service Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Customer and the Slimware Parties agree to submit to the exclusive jurisdiction of the courts in New York City, New York. If any provision(s) of these Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and the Slimware Parties agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

WAIVER AND SEVERABILITY

No waiver by the Slimware Parties of any term or condition set forth in these Service Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Slimware Parties to assert a right or provision under these Service Terms shall not constitute a waiver of such right or provision.

If any provision of these Service Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Service Terms will continue in full force and effect.

TERMINATION

SLIMWARE RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICE FOR ANY REASON AT ANY TIME AND INSTEAD, AS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICE. IF CUSTOMER BREACHES THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN SLIMWARE TERMINATES FOR ITS CONVENIENCE, SLIMWARE WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICE FOR ANY REASON. CUSTOMER ACKNOWLEDGES AND AGREES THAT UPON TERMINATION SLIMWARE MAY IMMEDIATELY DEACTIVATE OR DELETE CUSTOMER’S USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN CUSTOMER’S USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

PROPRIETARY RIGHTS

Slimware respects the proprietary rights of Software and hardware manufacturers and will not install or support unlicensed materials. The Service, Software and Content provided with the Service, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Slimware is the copyright owner or licensee of the Service, Software and Content, unless otherwise indicated. If Customer makes use of the Service, Software or Content, other than as expressly provided herein, Customer may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

TRADEMARK INFORMATION

Slimware Premium Support, Slimware, Slimware Utilities and all of Slimware’s other product names, service names, slogans, and related logos are registered trademarks or trademarks of Slimware in the United States and other countries. Customer is not permitted to use these trademarks, or any other Slimware trademarks, without the prior written consent of Slimware. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Slimware and its products, and (2) an endorsement of the company or its products by Slimware.

Although our experienced technicians are trained to service Android OS-device related concerns, Slimware is not affiliated with nor endorsed by Google Inc. Android is a trademark of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

LINKS

The Service, Software, or Content may contain hyperlinks to websites that are not controlled by Slimware. Slimware is not responsible for and does not endorse or accept any responsibility over the contents or use of these websites, including, without limitation, the accuracy of any information, data, opinions, advice or statements made on these websites.

NO THIRD PARTY BENEFICIARIES OF RIGHTS GRANTED TO CUSTOMER

No right granted to Customer under these Service Terms are enforceable by third parties and no third party is an intended beneficiary of any rights and obligations of the Customer under these Service Terms.

THIRD-PARTY SOFTWARE ATTRIBUTION

The Service may use Elevate To System (ETS); ETS was developed by the developer FoolishIT. Information regarding the tool may be found at www.FoolishIT.com

The Service may use one or more tools during governed under the GNU General Public License v2, which may be accessed at the following URL: https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html.

The Service may use one or more tools during governed under the GNU General Public License v3, which may be accessed at the following URL: https://www.gnu.org/licenses/gpl.html.

The Service may use one or more tools during governed under the Apache License v2, which may be accessed at the following URL: http://www.apache.org/licenses/LICENSE-2.0.

Last revised: July 14, 2016