Terms & Conditions
Effective Date: March 15, 2021
CUSTOMER TERMS & CONDITIONS
Thank you for your interest in the IDSealSM products and services provided by ACN Europe B.V. (Company No. 34110202) which is incorporated under the laws of The Netherlands and whose registered address is Thomas R. Malthusstraat 1-3, 1066 JR Amsterdam, The Netherlands (referred to herein as “Company”, “we”, “us, or “our”). Please carefully read these Customer Terms & Conditions (the “Terms”), as well as any supplemental terms set forth below that apply to the specific services that you select during the online ordering process (the “Supplemental Terms”). The Terms and Supplemental Terms are referred to together as the “Agreement.” The Agreement and the related policies set out under Section 1 (the “Policies”) apply to the IDSealSM products and services. If you do not agree to the Agreement, you must not enroll in, access, or use the IDSealSM products and services. By enrolling in, accessing, or using the services, you indicate that you accept and agree to the following:
SERVICES: The IDSealSM products and services are described in this Agreement and on our website as part of the online enrollment process, and include all of the related features, benefits, systems, software, applications, websites and services provided for your use by Company (the “Services”). The specific features and benefits of the Services available to you, the cost, and the term of your membership will depend upon the plan options you select when you sign up for the Services and will be confirmed in the e-mail you receive from us when you complete enrollment (the “Welcome E-mail”). You may cancel the Services at any time as detailed in Section 7 of these Terms.
AGREEMENT: This Agreement is a binding contract between you and Company that governs your relationship with Company and any purchase of, enrollment in, access to, or use of the Services. Please note that Company may from time to time revise or amend the Agreement pursuant to the provisions of Section 9 of these Terms due to the applicability of upcoming laws and regulations or for other legitimate reasons. The Services are made available to you only on the condition that you agree to be bound by the Agreement. If you do not agree, then do not enroll, access or use the Services. If the laws of your country of residence or domicile (your “Country”) restrict the ability to enter into agreements such as this Agreement according to age or for any other reason, and you are under such age limit or subject to such other restriction, you may not enter into this Agreement. By enrolling, accessing, or using the Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification.
The following Policies apply generally regardless of the specific Services you select. You will be asked to review and accept these Policies during the checkout process, and each can be found via the links below and on our website:
An individual who signs up for the Services (“Enrolls” or “Enrollment” and variations thereof) by submitting the information required by Company to create an account (“Account”), agreeing to these Terms and the Supplemental Terms, and ordering Services for which required payment is made is sometimes referred to in this Agreement as a “Member” or as having a “Membership.” For the purposes of this Agreement, “you” or “your” refers to such a Member, as well as any other individual that is Enrolled by or receives, accesses, or uses the Services through such Member. You may not Enroll anyone other than yourself for the Services, unless you have the authority to accept these Terms on behalf of the other individual you are Enrolling and have all necessary permissions and consents. You will be personally liable for all fees incurred and damages that may result from Enrolling another individual for Services without proper authorization, and you agree to indemnify us for any damages we may incur as a result.
In order to Enroll in the Services, you must be a resident of or domiciled in the Country you select during the online checkout process, have a valid address in that Country and be of legal age and have the legal capacity to enter into contracts in that Country. You also must have internet access via a compatible browser and a valid email address. By Enrolling in the Services, you represent that you meet each of these qualifications. Company reserves the right to determine or change the eligibility criteria for Enrollment or any Member’s access to or use of the Services. We may decline to accept your Enrollment in the exercise of our sole discretion. Such change in eligibility criteria will not affect the rights of any already running Membership.
In connection with setting up an Account and using the Services, you will establish or be provided a username and password and may also establish or be provided other access credentials to maintain the security of your Account (collectively, “Access Credentials”). You understand and acknowledge that any person able to use your username, password and/or other designated security information will have full access to your Account, and you agree that by sharing your Access Credentials any such person is authorized by you to represent you for purposes relating to the Services, including receiving information about and making changes to your Account, and adding, modifying, or cancelling Services. If you do not wish for another person to so represent you or access your Account information, keep your Access Credentials confidential. You are responsible for all actions taken by third parties using your Access Credentials.
Enrollment requires you to set up your Account with your contact information such as name, address, and phone number. To complete Enrollment, individual Members must also provide a valid payment method accepted by Company (the “Payment Method”), and you understand and agree that by providing such Payment Method you are authorizing us to use such Payment Method on a recurring basis to collect all amounts due under the Agreement. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We may determine and modify what Payment Methods we accept from time to time in our sole discretion.
Notwithstanding the foregoing, individuals that Enroll through a plan where payment for Membership is made by the individual’s employer or other third party that has entered into a separate agreement with Company for the purchase of Memberships (a “Participating Business”) are not required to provide a Payment Method in order to Enroll provided that the Participating Business has agreed to purchase the Membership for such individual. If you are such a Member (a “Business Member”) please take note of the exceptions in Sections 6 through 8 that apply to you.
3. Personal Data; Electronic Communications.
At all times during your Membership, you agree to keep all Personal Data provided to Company up to date, accurate, current and complete, including without limitation your email address. You may update your Personal Data by contacting Company’s customer service department (“Customer Service”) in the manners shown in Section 14, or for certain Personal Data by accessing your Account via the member portal located on the Sites (the “Member Portal”).
Communications will be sent to the email address that you provide during the Enrollment process as may be updated by you from time to time through the methods we designate. It is your responsibility to keep the primary email address listed on your account with us up to date so that we can communicate with you electronically. Spam filtering of emails may require you to add our email address to your email address book or “safe senders” list. You understand and agree that an electronic communication is deemed successful once emails are sent to the primary email address listed on your Account, and our notice to you will be deemed to have been given on the first business day after sending by email.
In the event that Company is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or Company discovers that any other portion of your Personal Data is or becomes inaccurate, then the rendering of the Services may be hindered and Company may suspend all or any portion of the Services pending resolution of the issue.
4. Use of the Services.
You may use the Services only for your own personal, non-commercial purposes and in accordance with this Agreement. You may not use the Services for any illegal purpose‚ and you agree to use the Services in compliance with the laws, rules and regulations applicable in your Country (“Applicable Law”) and any other location where you are using the Services. You agree that you will use the Services only for their intended purposes which include securing your devices and data, protecting your privacy, and mitigating, protecting against, or preventing identity theft or other potential fraudulent activity.
You are solely responsible for your use of the Services, the use of the Services by any individual you Enroll and any other individual utilizing your Access Credentials, and any action you take or fail to take in reliance on the Services. Company does not provide the Services‚ or any advice or assistance‚ for the purpose of repairing or improving your credit report‚ credit history or credit rating or score.
The 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. Our representatives are not authorized to provide any such advice or make any claims, guarantees, or representations of expected results on our behalf. No written or verbal statement by our representatives shall supplement or amend this Agreement. We do not guarantee that any particular outcome will be achieved through the Services.
5. Membership Term.
By Enrolling, you are agreeing to participate in a recurring Membership that begins when your initial Fee payment is processed (or, for Business Members, when the Participating Business makes Membership available to you), and will continue for the Membership period you selected during Enrollment (annual, quarterly, or monthly/indefinite) and then will automatically renew for the same period of time (twelve months, three months, or one month) until your Membership is cancelled or terminated as provided for in this Agreement.
Each such Membership period is referred to herein as a “Payment Period” and your total Membership period, including all such renewals, is referred to herein as the “Membership Term.” If you do not wish to renew your Membership, you must cancel your Membership prior to the date that your current Payment Period expires (the “Expiration Date”) in accordance with Section 7 below, in which case your Membership will expire upon such Expiration Date.
For Members on a yearly or quarterly plan, we will send you notice prior to the Expiration Date and if you do not terminate or change your plan then your Membership will automatically renew for another twelve month or three month Payment Period where permitted by Applicable Law. If your Country does not permit such automatic renewal your notice of pending expiration will indicate your renewal or extension options. Monthly memberships are billed monthly and continue indefinitely until cancelled in accordance with Section 7.
For Business Members, the applicable Participating Business may cancel your Membership and end the Membership Term at any time, including without limitation in the event of the termination of your employment, and any questions related to the Membership Term or cancellation should be directed to the Participating Business.
6. Fees and Payment.
Not applicable to Business Members: The fee due and payable for each Payment Period of your Membership is established at the time of your Enrollment. You are responsible for payment of any taxes applicable to your Membership, and the term “Fee”, as used in these Terms, refers to the fee due and payable for your Membership plus any such taxes and may also include amounts due for the Add-Ons that you elect to purchase. Payment in full for the initial Payment Period is due upon Enrollment and thereafter on the Expiration Date of each Payment Period you will be charged for all Fees due and payable for the next Payment Period until you cancel your Membership. All Fees are stated and payable in the local currency of our website you use. Applicable taxes will be determined at the time you are billed and may depend on your location.
If your Payment Method fails we will attempt to charge your Payment Method one more time three days later. If we are unable to bill you for the Fee via the Payment Method provided by you for any reason we will send you notice and if the Fee remains unpaid, then Company may immediately suspend or terminate your Membership.
The amount of the Fee upon Enrollment may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during Enrollment. Company will automatically begin charging the applicable non-introductory Fee amount applicable to your Membership plan at the beginning of the next Payment Period following the expiration of the relevant Introductory Period. Any other Fee increase is deemed a Material Change subject to the notice and cancellation terms set forth in Section 9 below.
You may have the opportunity to purchase, at your election, additional Services to be included in your Membership (each, an “Add-On”). The amount due for an Add-On shall be due and payable at the time of purchase, separately from and in addition to the Fee for your Membership, and may be charged on a recurring basis as applicable pursuant to the selections you make at time of purchase. Details regarding Add-On offers may be viewed on the Sites. Certain Add-Ons may only be available for designated operating systems or have other configuration requirements. Add-Ons may be subject to Supplemental Terms, as indicated in the ordering process and by purchasing such Add-Ons, you are agreeing to be bound by the applicable Supplemental Terms.
Company may from time to time during your Membership make additional Services available to you at no additional cost for promotional purposes (each, a “Promotion”). Company reserves the right to discontinue a Promotion at any time, with or without notice. Company may, but is not obligated to, offer you the ability to purchase Services that have previously been offered as a Promotion. You may not be able to take advantage of a Promotion if your devices and operating system do not meet the system requirements for the Promotion or are not compatible with the Promotion. No refunds or credits will be issued in connection with Promotions for any reason, including for your inability to access or use a Promotion.
7. Your Right to Cancel; Refunds.
You have the right to cancel your Membership at any time by contacting Customer Service in the manner shown in Section 14. If you are not a Business Member and you cancel your Membership and the Services within 14 days from the date you submitted your Enrollment (the “Cooling Off Period”) then you will receive a refund from us. If you cancel your Membership after the Cooling Off Period but prior to the expiration of the then-current Payment Period, then Company will continue providing the Services until the Expiration Date of the current Payment Period, and no partial refund will be given for the remainder of the Payment Period unless required by Applicable Law.
You understand and agree that if you cancel after the applicable Cooling Off Period, you will only be entitled to a refund to the extent required by Applicable Law.
8. Our Right to Terminate.
Company may terminate your Membership for any reason upon 30 days prior notice to you, which termination will be effective at the end of the applicable Payment Period. Upon the effective date of any such termination, Company will stop billing you for the Fees and your access to the Services will be terminated. In the event we stop the provision of a particular Service on a date prior to the end of the applicable Payment Period, we will refund you for amounts you have paid in advance for Services beyond such date.
If you breach this Agreement, or Company reasonably determines that your Membership Services have been obtained or used fraudulently, are being used for purposes in conflict with Applicable Law or this Agreement or are otherwise being abused or used in a manner not contemplated by or intended by this Agreement or that may be harmful to Company or its other users, Company may suspend your Services immediately and may terminate your Membership (or any Services included therein). Prior to exercising its termination right, Company shall conduct an investigation and where appropriate Company will notify you of the breach or reasons for such termination or suspension and allow you a reasonable period to cure the breach or alter such circumstances. Company reserves its rights to pursue any other remedies it may have against you at law or in equity
You may not be listed under more than one Account. Attempts by a single member to obtain multiple Memberships or to be named under more than one Account may result in Company’s termination of all relevant Memberships and/or refusal to offer or sell Services to you or any other member of your household.
Applicable to Business Members only: The Participating Business through which your Membership is purchased may cancel your Membership at any time and for any reason, including without limitation the termination of your employment, and Company shall not be liable for any claims arising from such termination.
9. Change in Terms or Service.
Subject to these Terms and Applicable Law, Company fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of this Agreement or the Services (including any benefits or features, the membership structure or eligibility requirements, and the Fees thereof), or any term or condition applicable to all or any portion of the Services or your Membership.
If we make a Change to these Terms, we will post the Change on our website or in the Member Portal at least thirty (30) days before the Change comes into effect and will indicate the date these Terms were last revised. In addition, we will provide you notice of any material Change using the contact information in your Account, setting out the new clause, or the amended clause and how it read formerly, and the date on which the Change will come into effect. You may refuse to accept the Change and rescind, or cancel your Membership without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the Change comes into force, using the information in the notice of the Change.
Subject to these Terms and Applicable Law, by continuing to remain a Member or use the Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Membership as provided for in these Terms. In the event you cancel based on a Change, if you are not a Business Member then Company will issue to you a prorated refund of the Fees paid by you applicable to the remainder of the then-current Payment Period.
You agree to defend, indemnify, and hold harmless Company, from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the violation of Applicable Law, breach of this Agreement, or use or misuse of the Services or Sites by you or any other individual that you Enroll or who obtains access to or uses the Services or Sites by or through you.
11. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.
To the fullest extent permitted by Applicable Law, the Services and Sites and all information contained therein are offered and provided on an “as is” and “as available” basis with all faults. Company makes no guarantees of any kind and excludes any strict liability for defects already existing at the time of conclusion of the contract. No oral or written information or advice given by any Business Participant, Company, its Affiliates or Providers or their respective representatives, agents or employees will create a warranty or in any way increase the scope of any warranty.
Company excludes any liability for damages of any nature except those that may arise due to causes exclusively imputable to Company, and Company shall not be liable for any damages that may arise due to the access and use of the Services and the Sites by you or by other users in a manner that is not in compliance with this Agreement.
To the fullest extent permitted by Applicable Law, and except for cases of personal injury, death, or the gross negligence or willful misconduct of Company, the collective aggregate liability of Company, its Affiliates, or its Providers in connection with the Services, this Agreement, or the subject matter of this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), and otherwise, shall not exceed six (6) months of the fees actually paid by you to Company for the Services.
The exclusions and limitations of warranties, liability and damages set forth herein are subject to Applicable Law and do not affect any liability or warranty that cannot be excluded or limited under Applicable Law.
If you are dissatisfied with the Services or the Sites, other than because we breach our obligations towards you, your sole and exclusive remedy unless otherwise provided by Applicable Law is to discontinue accessing and using the Services and the Sites and cancel your Membership pursuant to Section 7. If you have any other dispute or question arising under this Agreement, please contact Customer Service so that we may attempt to resolve your issue.
12. Intellectual Property.
The IDSeal names and logos; Company names and logos; the Services, the Sites and all content and elements of or related to the foregoing; are the trademarks, copyrights, and other intellectual property of IDSeal, LLC, Company, or its Affiliates. Other product and company names mentioned in this Agreement, the Services, or on the Sites are the intellectual property of their respective owners. No use of any of this intellectual property may be made by any third party without prior express written consent of Company or the relevant owner, which consent may be withheld, conditioned or delayed in such party’s sole discretion. The Site content may not be copied in whole or in part, and no logo, graphic or image on the Sites may be copied or retransmitted in whole or in part, in each instance without the prior express written consent of Company, which consent may be withheld, conditioned or delayed in Company’s sole discretion.
You agree that you shall not reverse engineer, decompile, or otherwise attempt to obtain the source code of or otherwise duplicate or modify the Sites or the Services or any software you receive from us, unless and to the extent allowed under Applicable Law. This Agreement does not convey to you any ownership or other rights in the Services or Sites, or in any intellectual property rights or other proprietary rights embodied therein by implication, estoppel or otherwise except for the limited rights to use the Services and Sites expressly granted under this Agreement. Title to the Services and the Sites and the intellectual property rights and proprietary rights embodied therein (including all components, derivatives, and modifications thereof) shall at all times remain vested in Company or its licensors.
13. Governing Law and Jurisdiction.
This Agreement, including its formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with Applicable Law. Any court proceedings shall take place in the competent courts of your Country.
The European Commission provides for an online dispute resolution platform, which you can access via the external link https://ec.europa.eu/consumers/odr
14. Company Contact Information.
For assistance with your Membership, your Account, or the Services, or if you have any concern you would like to bring to our attention, please chat or write Customer Service using the following information:
ACN European Services Ltd
P.O. Box 427
Hounslow TW4 6DR
Attn: IDSeal Customer Care
Posting or messaging on social media platforms is not considered a form of providing notice to us hereunder, and you should not rely on or assume that we receive any communications submitted through a social media platform.
A. Entire Agreement
This Agreement, including these Terms and any applicable Supplemental Terms, contains the entire agreement between you and Company with respect to the subject matter hereof and supersedes any and all prior written, electronic or oral agreements and understandings between the parties regarding the Services, your Enrollment, and Membership, and any access to and use of the Sites.
B. Relationship of the Parties
This Agreement is made by and between you and Company. Company reserves the right to utilize third parties to perform Services provided to you, however Company remains solely responsible to you for the performance of Company’s obligations hereunder. No Company Affiliate or Provider is deemed a party to this Agreement, although such Affiliates or Providers may provide certain services in connection with the Services. Accordingly, to the fullest extent possible under Applicable Law, you agree that (i) none of the Company Affiliates or Providers will have any direct liability to you or any other individual that you Enroll; (ii) neither you nor any other individual that you Enroll will bring any legal claim, dispute, or proceedings of any nature in relation to the fulfilment of this Agreement or the Services against any of the Affiliates or Providers. You may not assign this Agreement without our express, prior, written consent. Company may assign this Agreement without your consent to an Affiliate or a successor-in-interest to all or part of Company’s business.
C. Waiver and Severability
No waiver by us of any term or condition set out in this Agreement 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 by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 the Agreement will continue in full force and effect.
D. Accessing the Sites and Security
You agree that you will treat your Access Credentials and any other piece of information received as part of our security procedures for access to the Sites as confidential. You also acknowledge that your Account and any other account you set up through the Application or other Sites (collectively, the “Accounts”) are personal to you and agree not to provide any other person with access to such Accounts, the Sites, or portions of either using your Access Credentials or other security information. You agree to notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Accounts after you have contacted us. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Data. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law or this Agreement.
Issue Date: April 1, 2021
Copyright © 2021 IDSeal LLC
All Rights Reserved
IDSEAL GUARDIANTM SUPPLEMENTAL TERMS
These IDSeal GuardianTM Supplemental Terms (the “Guardian Terms”) govern any purchase or use of the IDSeal GuardianTM products and services identified in Exhibit A attached hereto and incorporated herein (collectively, “Guardian”), and form a part of the binding Agreement between you and Company described in the Customer Terms & Conditions. Guardian is considered to be a “Service” as that term is used in the Customer Terms & Conditions, and the Customer Terms & Conditions apply to Guardian. Other capitalized words used in these Guardian Terms but not defined herein have the meanings assigned in the Customer Terms & Conditions. In the case of a conflict between these Guardian Terms and the Customer Terms & Conditions, the Guardian Terms shall prevail.
Guardian is made available to you only on the condition that you agree to be bound by the Guardian Terms. If you do not agree, then do not purchase, access or use Guardian. By enrolling, accessing, or using Guardian, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these Guardian Terms as part of the Agreement without limitation or qualification.
The Guardian Services include software that a user must download and install (the “Software”) on a computer or mobile device that has the Minimum System Requirements defined in Exhibit A (each, a “Device”). Some features may only be available using certain browser extensions and not all features are available on all Devices or operating systems. Some features are intended for use while a Device is online or require a Device to periodically be connected to the internet.
In the case of Guardian Services that have data storage capacity limits as set forth in Exhibit A, you agree to pay the overage fees applicable to such Services in accordance with your usage over the stated data limits. We reserve the right, but do not have the responsibility, to suspend or limit use of the relevant part of the Services so that you do not exceed the stated data storage capacity.
Subject to the terms and conditions contained in the Agreement, your subscription to Guardian includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to download and install the Software on the number of Devices agreed at the time of your purchase, and to use those Guardian Services which you have purchased during your Membership Term (the “License”).
Your License for Guardian is for your personal use, and you may not distribute, transfer, sublicense, make Guardian available for use by third parties or otherwise commercially exploit Guardian. You are not permitted to use, store, transmit, copy, or modify Guardian in any manner not expressly permitted by these Guardian Terms.
Use of the Software on multiple Devices simultaneously is permissible only up to the number of Devices described in Exhibit A for the Guardian Services you have purchased. If you wish to change the Device on which you have installed the Software, you must delete the Software from such Device and install the Software on your new Device. If you have installed the Software on a Device that you sell or otherwise transfer ownership of then you must ensure that any Software is removed from such Device prior to transfer. Guardian may contain enforcement technology that limits the size of data storage, bandwidth consumption, or the number of Devices on which the Software may be installed.
We may at any time in our sole discretion suspend your access to the Guardian Services to safeguard the legitimate interests of us, you or our other customers or Providers, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of the Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due. Where possible, we will provide you with an upfront notice of our intention to suspend your access to the Guardian Services.
IDSeal AntiVirus leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal Antivirus.
Guardian is not designed or intended for use in special or high-risk areas such as nuclear facilities, food or pharmaceutical production, or aviation, weapons, or life-support systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or property damage. You may not use Guardian in such environments, and we expressly disclaim any implied warranty of fitness for such use.
You agree that you will not directly or indirectly export, download, transmit, or permit access to or use the Software or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without obtaining authorization from the appropriate government authorities and/or regulatory bodies.
To the extent the Services allow you to store, copy, sync, transfer, submit, or upload files, documents, photos, videos, and other information, content, materials or data (“Customer Data”), you grant us a worldwide, non-exclusive, royalty-free, fully-paid, transferable and sublicensable right to use, reproduce, store, and remove the Customer Data solely for the purpose of performing this Agreement. You shall retain all other rights in the Customer Data. In the event you post or provide us with any reviews, comments, information, opinions, or suggestions related to the Services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.
You represent and warrant that the Customer Data and your use of the Services shall not (i) violate Applicable Law or infringe upon any third party right; (ii) unduly interfere with or otherwise adversely affect our ability to provide the Services; (iii) harm our infrastructure, operations, or reputation or those of our affiliates, business partners, or customers; or (iv) contain, enable, or initiate a denial of service attack, software virus, malware, or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
You acknowledge and agree that Customer Data will be irretrievably deleted upon cancellation, termination or non-renewal of the License, and we may remove Customer Data at any time if you are in breach of section 6 of these Supplemental Terms or if we are legally compelled to do so.
You are solely responsible for the performance of your Devices including operating systems, software, applications, data, hardware, networked devices, and internet connectivity (the “Customer Environment”). Your use of the Services will be affected by the performance of your Customer Environment. You are solely responsible for the cost of your Customer Environment, including the cost of ensuring that your Devices continue to meet the Minimum System Requirements as they may be updated from time to time. You are also responsible for any and all charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services.
You are responsible for installing the Software and any associated updates on your Devices and configuring the Guardian Services to meet your needs. Your subscription to Guardian includes technical support, which we will make available to you in accordance with our current standard support offerings. We are not responsible for supporting your Customer Environment.
You are required to maintain the basic security of the systems and Devices you use to access the Services to prevent use of the Services by third parties in a manner that violates this Agreement.
Modifications, Updates, and Upgrades
We may modify or add new features or functionality to Guardian as a new version of the Services (an “Upgrade”) and offer you the Upgrade at no additional charge or we may condition your use of an Upgrade on the payment of additional Fees.
We also may provide certain incremental revisions to Guardian (an “Update”) at no additional charge to you. Updates may include important improvements to the security and functionality of the Software and may alter the appearance or operation of the Software. In in order to ensure that you are running the latest version of the Software on your Devices you give us permission to install Updates on your Devices automatically when available, to the extent that it is possible for us to run such background installations. In the event we are unable to automatically install Updates, you agree to install Updates when we make them available to you.
You acknowledge and agree that we may, at any time and without notice to you, change the Minimum System Requirements or discontinue, suspend or modify (i) the Software or Services, (ii) any functionality or feature of the Software or Services or (iii) the availability of the Software and Services on any particular Device. Section 9 of the Terms applies accordingly.
You acknowledge and agree that you have assessed your needs and Devices as well as the Product Descriptions, Minimum System Requirements, and cost of Guardian and that you bear the entire risk associated with the Services meeting your individual requirements, even if we have provided guidance to assist with your selection of the Services.
We have implemented administrative, physical and technical safeguards designed to secure Customer Data from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures or use your Account or Customer Data for improper purposes. You are solely responsible for the proper backup of Customer Data, and you are solely responsible for any loss, corruption, or damage to Customer Data or the Customer Environment.
License Term and Termination
Your License commences as soon as you have received access to Guardian (for example, by being provided a license key), regardless of whether you actually access or use Guardian.
Your License will automatically terminate upon the effective date of termination of your Membership, and you will no longer be authorized to use or access Guardian and you must promptly delete the Software from your Devices. Upon such termination, your Customer Data will be deleted, including Customer Data that has been backed up with IDSeal Cloud Backup. It is your responsibility to store or backup your Customer Data in an alternative location before your Membership expires or is terminated.
IDSEAL GUARDIANTM SUPPLEMENTAL TERMS
Product Description and Minimum System Requirements
IDSeal GuardianTM is a bundled product consisting of IDSeal Pro-TecTM, IDSeal Antivirus, IDSeal Cloud Backup, and IDSeal PC Cleaner.
IDSeal Pro-TecTM. (Up to 4 devices). IDSeal Pro-TecTM is a privacy enhancement solution designed to protect digital devices and information. IDSeal Pro-TecTM offers Members the following features subject to availability on your Device and internet connection as applicable:
Dark Web Scanner
The dark web scanner employs a unique algorithm that allows you to search for occurrences of your passwords or email addresses in databases that have been stolen by hackers and are being bought and sold on the dark web.
Virtual Private Network (VPN)
The VPN feature provides online privacy by allowing you to connect to a VPN server so you can mask your IP address and send your internet data through a secure encrypted tunnel established between you and your endpoint so that you can keep your internet activity and location private. Please note that some countries and companies block the use of VPNs.
Login Encryption & Password Vault
This feature lets you scan your Device for traceable login credentials you have used with websites, portals, or service providers and then encrypt those passwords and store them in a vault for safekeeping.
Personal Profile Protection
The personal profile protection feature helps limit identifying information that could be stolen from your Device by making it easy to find and delete all the user profiles (phone numbers, email addresses, mailing addresses, credit card information, etc.) that are stored on your Device in connection with “auto-fill” functions.
Enabling this feature blocks both static and dynamic banner ads, making your browsing experience more efficient and enjoyable by allowing you to surf the web without annoying flashing banners and distracting ads.
Safe Browsing/Real-Time Protection & Alerts
This feature gives you confidence to browse the web freely by warning you when you encounter unsafe websites that could expose you to malware, spyware, viruses, and other malicious scripts and monitoring your Device for phishing attempts, blocking them in real time, and alerting you.
The tracking blocker feature works to block tracking records that include your personal digital information that can be used by third parties and hackers.
Digital Fingerprint Scrambler
This feature takes the data a website collects behind-the-scenes and uses to identify your Device, known as your “digital fingerprint”, and scrambles it either automatically or on-demand, creating a fake digital fingerprint in its place so websites won’t be able to track your personal browsing patterns.
Browsing Tracks & Scanner Cleaner
This feature allows you to deep clean your Device by removing browsing records, cookies, and other items that track your browsing patterns so that you can proactively reduce the chances of those credentials being stored and abused. The set-and-forget setting lets you automatically block cookies that are suspected of being privacy-risking or malicious.
Document Scanner & Encrypted Documents Vault
The document scanner feature locates documents on your Devices that may contain sensitive information such as bank account or credit card numbers and other personally identifying information, and prompts you to either delete the files or store them using the encrypted documents vault feature so that they are safeguarded in one secured location, both encrypted and masked, as protection against your information being found and abused.
Webcam & Microphone Blocker
This feature allows you to digitally block malicious attempts to access your Device’s camera and microphone by third parties that may try to eavesdrop or peep into your personal life.
The privacy advisor feature evaluates the permissions on your Device, categorizes them by risk level, and makes recommendations regarding these settings to improve privacy. This feature is only available on Android devices.
IDSeal ANTIVIRUS (Up to 4 devices). IDSeal Antivirus offers protection from malicious programs that threaten personal computers and Android mobile Devices that meet the Minimum System Requirements. IDSeal Antivirus utilizes active protection mechanisms that monitor, block, and alert when a threat is detected. Harmful incoming emails are blocked and quarantined, and your computer can be automatically scanned for threats on a defined schedule. Easy to install and use, IDSeal Antivirus also includes extra tools and features such as a history cleaner and start-up manager to help keep your computer protected and operating efficiently. IDSeal AntiVirus includes the following features:
All-In-One PC Security
Antivirus detects and removes not just viruses, but also spyware, rootkits, ransomware, malware, bots, trojans, and similar threats.
Real-Time Active Monitoring And Protection
Utilizing multiple detection methods and advanced algorithms, Antivirus monitors and combats online and local security issues in real time.
Antivirus detects and removes any known ransomware before it can take action and harm your PC.
Antivirus works while you browse the internet to protect you from malicious websites and online attempts to attack your computer and infect it with malware.
Deep Threat Scanning
Utilizing one of the most extensive threat databases available, Antivirus scans and eliminates threats that other products in the industry may fail to detect. Antivirus automatically updates its databases and virus definitions on a daily basis, drawing from a variety of sources to optimize the on-guard status of your Device.
Antivirus scheduler allows you to “set-and-forget” so that Antivirus automatically scans your Device and is proactively working to protect your Device at all times.
Automatic Virus Definition Database Updates
The virus, spyware and malware database automatically updates. (Requires internet connection).
IDSeal CLOUD BACKUP (Up to 2 Devices/2TB total storage per subscription). IDSeal Cloud Backup is a storage and recovery solution that allows you to backup data on a secure remote server and restore that data to the original location or to an alternate Device from anywhere with an internet connection.
Ample Storage Space
Your subscription to IDSeal Cloud Backup includes 2TB of total storage that may be used to back up files from two Devices. If your use in any month exceeds the 2TB limit, you may be charged the amounts agreed at the time of your Enrollment for such overages.
Flexible Backup Options
Choose from multiple options for backup scheduling. Large files can be backed up without restrictions on individual file size, and small files can be backed up in bulk.
Secure Transfer and Storage
IDSeal Cloud Backup creates an encrypted copy of your data using 256-AES, and then securely transfers it over a 256-AES SSL encrypted layer to Amazon AWS cloud storage. Encryption via 256-AES meets the encryption standards required by most applicable privacy laws, and Amazon AWS storage gives you peace of mind regarding availability and reliability.
Easy Data Restoration
If data on your Device is corrupted or inadvertently deleted you can download all of your backed-up data or just selected files using the restoration wizard in the desktop software. If your Device is lost or stolen you can restore your data to a new Device through your online account.
Please note that IDSeal Cloud Backup is intended for backup storage only and it is not a file-sharing solution – you cannot open, edit, or share the files that you backup from within the cloud.
IDSeal PC Cleaner (Up to 4 Devices, Window Only). IDSeal PC Cleaner provides a safe and simple solution for removing unneeded files that can slow down performance and cause system crashes.
Clean and Repair
PC Cleaner detects and repairs or removes corrupt registry entries, operating system hidden files, corrupt system files, missing dlls and more to reduce computer crashes and freezes.
Over time a computer’s registry becomes fragmented when files are deleted, causing performance to decline. Use PC Cleaner to defragment a computer’s registry.
The start-up manager utility allows you to simply click to select which files and programs you want to open during your computer’s boot up process.
Schedule and Customize Scans
PC Cleaner lets you schedule automatic scans at your preferred time daily or weekly. Choose which areas on your computer to scan and clean – including virtual devices, libraries, installations strings, junk files, temporary files, system software, history and more.
MINIMUM SYSTEM REQUIREMENTS
“Minimum System Requirements” means the supported Devices and operating systems required for IDSeal GuardianTM products and features to function properly. It is your responsibility to ensure that your systems meet the Minimum System Requirements in order to use IDSeal GuardianTM.
Microsoft Windows 8 or later
Mac OS 10.15
Android 5.0 or later
(Must have Google Play app installed)
IOS 13.4 or later
200 MB available hard disk space
Android tablet or phone with 35 MB storage space
Tablet or phone with 24 MB storage space
Installation of the Software, receipt of Updates, and use of those features that pertain to internet browsing or scanning of websites require that your Device be connected to the internet.