Subscription Agreement and Terms of services for Home User Solutions NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSITUTES THE LEGAL AGREEMENT BETWEEN YOU AND One Cleaner. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INITIATE THE One Cleaner SOLUTION. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY INITIATING THE One Cleaner SOLUTION IN ANY WAY, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS TERMS AND CONDITIONS WHICH TOGETHER WITH THE PRIVACY POLICY, ANY PLAN OR FEATURE LIMITATION, PRODUCT DISCLAIMER OR OTHER RESTRICTIONS PRESENTED TO YOU IN THE One Cleaner SOLUTION CONSTITUES (collectively, the “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SELECT THE REJECTING OPTION AND DO NOT INITIATE, DOWNLOAD, INSTALL, ACCESS OR USE THE One Cleaner SOLUTION. THE AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THE AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST One Cleaner. If the One Cleaner Solution is initiated, downloaded, from the websites or market store (for paid or trial use purposes), this Agreement will be accepted and a contract formed when the end user (“You”) selects an "I Accept", "OK" or "Yes" button or box below prior to download or installation. The Agreement is made available on One Cleaner websites as well for your reference. Certain One Cleaner Solution may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR CUSTOMER SERVICE, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE THIRTY (30) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE. SOLUTION REGISTRATION. By accepting this Agreement, You agree to register Your One Cleaner Solution. Registration requires a valid activation code available in the transaction documentation from the One Cleaner or its distributors or resellers from which You obtained the One Cleaner Solution. For some specific services, such as Identity Theft Protection, additional registration may be necessary for the proper functionality of the said service. For online purchases made on One Cleaner websites, Your subscription begins when your purchase is completed and the payment has been received. You must download and install One Cleaner on your devices in order to get protection. You agree and acknowledge that your subscription’s availability begins from your purchase date, which shall be the date taken into consideration for calculating the length of your subscription, regardless of the date you choose to activate such subscription. For the purchases made from One Cleaner partners, Your subscription begins at first registration of your subscription. You must download and install One Cleaner on your devices in order to get protection. Also Registration requires a valid One Cleaner Account that includes a valid email address for renewal and other notices and a valid product subscription. The One Cleaner Account is mandatory for the use of the One Cleaner Solution, as stated in the Documentation. You warrant that you are the legal owner of the device or email address and you have all the legal rights to create your account. Please acknowledge that installing on your device Software, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies. You as administrator have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, remove temporary files, registry keys and browser data, scan applications and files on your device. One Cleaner shall not be held responsible for any damages resulting from privacy, data loss caused to you. This Subscription Agreement covers One Cleaner Solutions for Home-Users for the permitted number of users or devices as detailed in the purchasing documentation, including related documentation and any update and upgrade of the applications delivered to you under the purchased subscription or any related services as defined in the documentation. The One Cleaner Solution offers an Internet control software which shall be a software installed on your device (computer, mobile, mobile computer device) that intercepts Internet-bound traffic, to monitor traffic and allows You to limit access to certain content. The software on Your personal device connects to a server network infrastructure and then sends it to One Cleaner servers for categorization. The One Cleaner Solution may block certain unsafe applications that attempt to access protected resources on your device. This may result in applications not starting or not behaving properly. Please note that You granting access to these applications may result in data loss or data theft. The One Cleaner Solution having the Anti-Theft feature available, may allow you to track the device location, disable access to the device, transmit images that have been captured with the camera of your device or voice records that have been recorded by the recorder of your device (if available). You may not use the services to gain unauthorized access, to upload, transmit, and transfer data or information to One Cleaner or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to you. This Subscription Agreement is a legal agreement between you (either an individual or a legal person) and One Cleaner for use of One Cleaner Solution identified above, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "One Cleaner Solution"), all of which are protected by international copyright laws and international treaties. By installing, copying or using One Cleaner Solution, you agree to be bound by the terms of this Agreement. Your Responsibilities A device enabled to access the Internet is required to utilize One Cleaner Solution. You are solely responsible for ensuring that your device is sufficient and compatible for use with One Cleaner Solution. One Cleaner may not be used to misrepresent or to act on behalf of others. All messages you transmit through One Cleaner Solution shall identify You as the sender. It is your responsibility to ensure that you will not engage in any activities that are illegal; Transmit content that infringes on any person’s intellectual property rights or any third party rights or that is otherwise unlawful; Alter the attribution of origin in electronic mail messages or posting; Interfere with, disrupt, alter, or modify One Cleaner Solution, or create an undue burden on One Cleaner Solution or the networks or services connected to One Cleaner Solution. You may not use One Cleaner Solution in an electronic communications network that is used wholly or mainly in a manner that violates the rights to privacy, international communications and the transmission of technical or personal data copyright or personal image as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards.) You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of One Cleaner Solution. If One Cleaner is contacted with a complaint regarding or arising from your use of One Cleaner Solution, One Cleaner may terminate your service usage in violation of this Agreement and ask for indemnities. One Cleaner or its licensors or suppliers retains ownership of all proprietary rights in the One Cleaner Solution, the applicable materials, documentation, deliverables and in all trade names, know-how, trademarks, copyright associated or displayed with the One Cleaner Solution. One Cleaner Solution is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. One Cleaner software that is installed on your device, as part of the One Cleaner Solution, is licensed, not sold. You are only entitled to use the One Cleaner Solution for the limited period stated in the purchase documentation. Your use of the One Cleaner Solution is limited to the permitted number of users or devices as detailed in the purchasing documentation. One Cleaner reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use One Cleaner Solution only as expressly permitted in this Agreement. One Cleaner hereby grants you and only you the following non-exclusive, limited, non-sublicensable, non-commercial right to use One Cleaner Solution for your personal use only. You can use one copy of the One Cleaner Solution on a single device only. If a greater number of copies and/or number of devices is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the One Cleaner Solution (Permitted Number), You shall have the right to copy the One Cleaner Solution in accordance with such specifications of Permitted number; If the One Cleaner Solution supports multiple platforms or languages, if you receive the One Cleaner Solution on multiple media, if you otherwise receive multiple copies of the One Cleaner Solution, or if you receive the One Cleaner Solution bundled with other software, the total number of your Devices on which all versions of the One Cleaner Solution are installed may not exceed the Permitted Number. During the installation process, the One Cleaner Solution may uninstall or disable other security products if such products or features are incompatible with One Cleaner Solution. One Cleaner Solutions - Family pack, being limited to 15 devices, and (i) free solutions, such as Antivirus Free and Home Scanner, being limited to 25 devices; (ii) freemium solutions, such as VPN Basic – being limited to 10 devices, Mobile Security iOS - being limited to 50 devices and (iii) paid solutions, such as SOHO – being limited to 25 devices and 50 devices for all other paid solutions; restricts the usage within your household and it is intended to be used on devices belonging to family members living in the same household according to fair usage policy. Limitations may apply in case installations overreach residential usage. One Cleaner reserves the right to limit the users if it determines an abuse of the usage of the One Cleaner Solution. You may not use the One Cleaner VPN in an electronic communications network that is used wholly or mainly in a manner that violates the rights to privacy, copyright or personal image as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards.) IDENTITY THEFT PROTECTION (“ITP”) FUNCTIONALITY delivers ongoing monitoring, rapid alerts, and recovery services to help protect against Identity theft. The One Cleaner ITP is included in the One Cleaner Solution, as an accessible service, subjected to particular terms and conditions, having its own privacy policy. When acquiring One Cleaner Identity Theft Protection, following activation in One Cleaner Central, Your subscription is partially activated (You will receive 24/7 support and Full White Glove Identity Theft Restoration), but the full functionality of the ITP is obtained solely by proper registration, as per the indications You will receive in One Cleaner Central. The IDENTITY THEFT PROTECTION functionality is a third party software (“IdentityForce – a TransUnion brand”) and it is licensed to You under the respective third party licenses mentioned terms-of-use. Hence, by accepting this Agreement, You agree to accept and comply with the particular terms for IDENTITY THEFT PROTECTION as well as with the respective privacy policy. Please note that the above terms are addition to the terms and conditions stated in this Agreement for the One Cleaner Solution. FAIR USAGE POLICY. The following is a non-exhaustive list of practices that would not be considered fair usage: i) Using subscriptions for telemarketing or services offered to third parties to generate income for yourself or others; ii) Re-selling or sharing subscription activation codes to other users ( this may lead in breach of a party privacy rights); Other practices may be relevant in determining fair usage, therefore One Cleaner reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. One Cleaner may at its option, terminate or suspend its relationship with you, and your use of any One Cleaner solution immediately if it determines you are using the product contrary to fair use practices. FREE, TRIAL OR BETA SUBSCRIPTION. If You are a trial or beta user, You may use One Cleaner Solution for evaluation or testing purposes in a non-production environment for thirty (30) days from the date You download One Cleaner Solution (the "Trial Period"). During the Trial Period, You can receive web or email based technical support in the country where You are located and Updates, if applicable, without any guarantee or warranty of any kind. THE PROVISIONS OF THE SECTION, APPLY IN LIEU OF SECTION WARRANTIES WITH RESPECT TO ANY FREE/TRIAL AND BETA SOLUTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, One Cleaner SOLUTION USED FOR FREE, TRIAL PURPOSES OR BETA SOLUTIONAS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE BETA SOLUTION HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON SOFTWARE AND SERVICES PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. Your right to use One Cleaner Solution ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Trial Period, You must delete or destroy all copies of One Cleaner Solution and Documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period. RIGHT TO USE THE One Cleaner SOLUTION. VALIDITY. PAYMENT TERMS. AUTOMATIC RENEWAL. You are granted a non-exclusive, personal, revocable, non-transferable right to use One Cleaner Solution on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties (defined below). You will have certain rights to use the One Cleaner Solution during the Subscription Period, which shall begin on the date You purchase/ first registration (depending on sales channel)your One Cleaner Solution on your account, regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the One Cleaner distributor or reseller from which You obtained the One Cleaner Solution. All of your subscriptions will automatically renew for periods equal to your initial Subscription Term and you will be charged at our then-current rates unless you cancel your subscription through the One Cleaner Central Account prior to your next scheduled billing date. AUTOMATICAL RENEWAL. You agree to permit One Cleaner directly or through its providers to automatically renew your subscription to One Cleaner Solution by charging a valid credit card number which you have provided them. By providing a payment information, You are authorizing to charge your card information, through the authorized provider for the subscription fees associated with the One Cleaner Solution fees that you sign up for. Your subscription will be automatically renewed prior to the expiration of the term and each anniversary thereafter for a fee no greater than One Cleaner's then-current price, excluding promotional and discount pricing offered at the renewal time. You agree to provide the payment provider the current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that One Cleaner through its payment providers may continue charging you for any subscription automatically renewed unless you inform not to renew your subscription to One Cleaner Solution prior to the expiration of your subscription to One Cleaner Solution and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. The One Cleaner Solution may automatically be deactivated at the end of the Subscription Period, if you disable the automatic renewal and You will not be entitled to receive any feature or content updates to the One Cleaner Solution. Upon any termination or expiration of this Agreement, you must cease use of One Cleaner Solution and destroy all copies of One Cleaner and the Documentation. UPGRADES. If a One Cleaner software is labelled as an upgrade, you must be properly subscribed to use a product identified by One Cleaner as being eligible for the upgrade in order to use One Cleaner Solution. A One Cleaner Solution labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Subscription Agreement. If One Cleaner Solution is an upgrade of a component of a package of software programs that you received as a single One Cleaner Solution, it may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of permitted users. The terms and conditions of this Subscription Agreement replace and supersede any previous agreements that may have existed between you and One Cleaner regarding the original product or the resulting upgraded product. By using the One Cleaner Solution and accepting this agreement you consent to receive updates and upgrades to the software that will be transmitted by One Cleaner automatically. IMPORTANT NOTICE. By using the One Cleaner Solution and accepting this Agreement You consent to receive, install and use any updates and upgrades to the software that will be transmitted by One Cleaner automatically. The functionality of the One Cleaner Solution can only be preserved during the Subscription Period if all received updates and upgrades are installed immediately following receipt. In case such updates and upgrades are subject to separate and additional subscription fees, One Cleaner will inform You about such fees in advance. UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving One Cleaner updates of signatures files. System Requirements: It is your responsibility, at your expense, to obtain, maintain, and operate suitable and fully compatible computer equipment (including, without limitation, a wireless router if you intend to use the Internet Service on multiple devices, or another device that provides for wireless connectivity) required to use the Solution acquired. You may find the applicable System requirements on the said Solution’s webpage on One Cleaner’s website for each specific Solution. One Cleaner reserves the right to improve or change various features of its Products / Solutions and to offer, from time to time, at no additional cost, migration to the new available versions / Products / Solutions. Also, One Cleaner, at its sole discretion may modify certain features of the Product/ Solution; such modifications will not materially affect the security offered by One Cleaner. The customer expressly understands and accepts that these changes / modifications / migrations can be made unilaterally by One Cleaner, the only obligation of the latter being to notify the change (including by way of in-app or in-console notifications) 30 days in advance. COPYRIGHT. All rights, titles and interest in and to One Cleaner Solution and all copyright rights in and to One Cleaner Solution (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into One Cleaner Solution), the accompanying printed materials, and any copies of One Cleaner software are owned by One Cleaner, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms as published in About section of the software are owned by their respective owners. In respect of the open source software, the following stipulations shall apply to the extent expressly required by the licenses, the terms of relevant licenses (including in particular the scope of license as well as disclaimers of warranties and liabilities) shall apply to the respective Third Party software in lieu of this Subscription agreement. Such Third Party License Terms relating to respective software are located in About section of the software. You acknowledge that the applicable third party is solely responsible for its offerings and One Cleaner makes no representations or warranties concerning those offerings and accepts no liability with respect to them, and if you acquire or use any of these third party offerings, the offerings and your use of them will be governed by any license agreements, terms of use, privacy policies and/or other terms and conditions required by the third party. One Cleaner solution is protected by copyright laws and international treaty provisions. Therefore, you must treat One Cleaner like any other copyrighted material. You may not copy the printed materials accompanying One Cleaner. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which One Cleaner exists. You may not reverse engineer, de/recompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for One Cleaner Solution or underlying ideas, algorithms, file formats, programming or functionality of One Cleaner Solution, unless otherwise allowed under the local legislation applicable to you. You may not permit third parties to benefit of One Cleaner Solution, the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software. You may not remove any proprietary notices or labels on One Cleaner or its lawfully owners. All rights not expressly set forth hereunder are reserved by One Cleaner. IN THIS RESPECT, YOU ARE REMINDED THAT ANY REPRODUCTION, COMMUNICATION OF A WORK AND/OR ANY BROADCASTING OF A PERFORMANCE, AN AUDIO RECORDING OR A VIDEO RECORDING MADE WITHOUT AUTHORIZATION MAY CONSTITUTE AN OFFENCE OR A COPYRIGHT INFRINGEMENT. FEEDBACK. It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do so, provide to One Cleaner reasonable suggestions, comments, testimonials and feedback regarding the One Cleaner Solution, including but not limited to usability, bug reports and test results, with respect to One Cleaner Solution testing (collectively, "Feedback"). If you provide such Feedback to One Cleaner, you shall grant One Cleaner the following worldwide, exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any One Cleaner Solution, technology, service, specification or other documentation (individually and collectively, "One Cleaner Solutions"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any One Cleaner Solution; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a One Cleaner Solution, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require One Cleaner to comply with any additional obligations with respect to any One Cleaner Solutions that incorporate any Feedback. TECHNICAL SUPPORT. Certain technical support features as stated in the standard technical support terms published by One Cleaner on its websites will be offered by One Cleaner for the Subscription term of the One Cleaner Solution and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote device access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in One Cleaner's sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, One Cleaner may determine that the technical issue is beyond the scope of the Technical Support. One Cleaner reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion. LIMITED WARRANTY. One Cleaner will maintain the usability of the One Cleaner Product during the Subscription Period through regular updates and upgrades substantially in accordance with the Documentation. One Cleaner warrants that the media on which One Cleaner is distributed is free from defects for a period of thirty days from the date of delivery of One Cleaner to you. Your sole remedy for a breach of this warranty will be that One Cleaner, at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for One Cleaner. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, One Cleaner DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE One Cleaner SOLUTIONS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. One Cleaner HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS by filtering, disabling, or removing such third party's software, spyware, adware, cookies, emails, DOCUMENTS, advertisements or the like, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. One Cleaner is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. The One Cleaner Solution, as provided under this Agreement, can contain features and functionalities that allow You to protect sensitive information on your device. You will be required to provide a password in order to encrypt and protect such information. You are aware that the features and functionalities may sync encrypted information across devices based on your request. You will not be able to recover the information you have encrypted if you lose or forget the password. You are aware that the level of encryption that can be used by the One Cleaner Solution should protect your information from the average device user; however, you acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. One Cleaner shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error. DISCLAIMER OF DAMAGES, LIABILITY, BREACH OF CONTRACTUAL OBLIGATIONS. Anyone using, testing, or evaluating One Cleaner bears all risk to the quality and performance of One Cleaner Solution. In no event shall One Cleaner be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of One Cleaner Solution, even if One Cleaner has been advised of the existence or possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL One Cleaner'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR One Cleaner. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test One Cleaner. We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss. IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. The foregoing limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health. Any statutory right to terminate this Agreement due to any culpable breach by One Cleaner shall remain unaffected.One Cleaner does not warrant that One Cleaner will be uninterrupted or error free or that the errors will be corrected. One Cleaner does not warrant that One Cleaner solution will meet your requirements. Limitation of Liability under German and Austrian Laws. In respect of subscriptions purchased by consumers residing in Germany or Austria, the following limitations of liabilities shall apply in lieu: One Cleaner shall be held liable only under the following circumstances, regardless of the legal grounds: (a) If one of its legal representatives or executives or other vicarious agents has acted intentionally or grossly negligently; (b) In the event of any culpable breach of an essential contractual duty; the expression "essential contractual duty" describes a duty in the abstract, the fulfilment of which is an essential pre-requisite for the due implementation of One Cleaner´s obligations, and that is a duty on whose fulfilment the respective other party can rely as a general rule. In the event of a slightly negligent breach, One Cleaner's liability for financial losses and damages to property is limited to the amount of the typically foreseeable loss. The foregoing limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health. Any statutory right to terminate this Agreement due to any culpable breach by One Cleaner shall remain unaffected. CONSENT TO ELECTRONIC COMMUNICATIONS. One Cleaner may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us ("Communications"). One Cleaner will send Communications via in-product notices or via email to the primary user's registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites. DATA COLLECTION TECHNOLOGY. One Cleaner informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products. All the information on how the personal data is processed during the usage of the One Cleaner Solution and services is specified in the One Cleaner Privacy Policy. By accepting this Agreement, you agree that your personal data will be collected according to the Privacy Policy. By accepting this Agreement, You acknowledge and agree that the security technology used may scan the traffic in an impersonal mode to detect the malware and to prevent the damages resulting from the malware products. You acknowledge and accept that One Cleaner may provide updates or additions to the program or product which automatically download to your device. By accepting this Agreement, You agree to upload the executable files for the purpose of being scanned by the One Cleaner servers. This information from your computer may be sent to One Cleaner only with Your permission, and will not be sent automatically. The information is collected by One Cleaner for the purpose of improving One Cleaner's product performance or statistic information. This information will not be correlated with the encountered problem and with any personal data or personal identifiable information. In addition to One Cleaner Solution registration information, One Cleaner must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its products, One Cleaner may also upload information periodically from installed One Cleaner Solution about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. You agree that One Cleaner may (i) use uploaded data from installed One Cleaner Solution to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person. One Cleaner reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information. By using the One Cleaner Solution, you acknowledge and agree that One Cleaner may collect, disclose, store and analyze these information for the purposes above mentioned. In order to promote awareness, detection and prevention of Internet security risks, One Cleaner may share certain information anonymized with research organizations and other security software vendors. Indemnity. You shall indemnify, defend and hold harmless One Cleaner, its licensors, distributors, suppliers (collectively the "Indemnitees") against (i) any and all costs, charges, claims, damages, liabilities incurred and/or proceedings taken against any of the Indemnitees, including without limitation outside legal fees, resulting from illegal conduct and/or violation of rights of third parties, and/or (ii) any damage that you may cause through your use of the One Cleaner Solution. SUPPLEMENTAL TERMS FOR One Cleaner DIGITAL IDENTITY PROTECTION. These terms only apply if you have enrolled in, are entitled to, or use our One Cleaner Digital Identity Protection service from One Cleaner and its partners. Using your e-mail address and phone number, One Cleaner Digital Identity Protection first searches for sensitive information in public records to start mapping your digital footprint. The service correlates all pieces of information linked to your identity and reveals names, gender, DOB, email addresses, phone numbers, physical addresses, usernames, jobs, education, urls, photos. are linked to your public identity. You can visualize all your information publicly exposed over the years. The system also looks for more than 100 categories of data linked to your identity, such as e-mail, passwords, SSN, credit cards, travel documents, and phone numbers. We are not storing and processing the data, we are displaying only the reference that the data exists in the data breach. For each data breach and possible impersonation we are providing clear actions to reduce the risks such as changing the password. After the onboarding our system gathers pieces of information linked to your public identity and checks whether it has been exposed in a data breach or on the public Internet. The users get instant alerts if personal information is exposed. One Cleaner will monitor your email address only. Please login to the portal to review if you can add additional information for monitoring purposes. One Cleaner DIGITAL IDENTITY PROTECTION PROVIDES YOU TOOLS AND RESOURCES TO PROTECT YOURSELF FROM AND RECOVER FROM IDENTITY THEFT, NEVERTHELESS NO IDENTITY CAN BE COMPLETELY SECURE. The information you provide is required in order to verify your identity, charge you the agreed-upon fees for our services, and to fulfill our obligation to provide our services to you. One Cleaner Privacy Policy outlines the manner in which One Cleaner (or others acting on our behalf) collect, use, and share information about you in connection with your use of the One Cleaner Digital Identity Protection, and it is your responsibility to review our Privacy Policy prior to agreeing to this Agreement or before using our Services. Additional Disclaimers of Warranties and Limitation of Liability. Below are additional warranties and limitations of liability applicable to One Cleaner Digital Identity Protection: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM One Cleaner DIGITAL IDENTITY PROTECTION, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. One Cleaner DIGITAL IDENTITY PROTECTION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. One Cleaner AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, One Cleaner AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF One Cleaner DIGITAL IDENTITY PROTECTION AND WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF One Cleaner DIGITAL IDENTITY PROTECTION OR THE DATA THEREIN. You represent and warrant to us that you will use One Cleaner Digital Identity Protection (and any of the information therein) to protect against or prevent actual fraud, unauthorized access to your data, claims or other liabilities, and not for any other purpose. For the avoidance of any doubt, You will not, use the information made available by the One Cleaner Digital Identity Protection to determine anyone’s eligibility for (a) credit or insurance for personal, family or household purposes, (b) employment or (c) a government license or benefit or (d) any other purpose governed by the Fair Credit Reporting Act (FCRA); and (vii) You expressly agree not to use the data retrieved from the One Cleaner Digital Identity Protection to directly target and/or offer Your goods/services to data subjects from the European Economic Area or the United Kingdom. FORCE MAJEURE. Neither Party shall be in breach of the Agreement in the event it is unable to perform its obligations as a result of natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial inoperability of the Internet, the inability to obtain supplies, or any other reason or condition beyond its reasonable control; provided, however, if such reasons or conditions remain in effect for a period of more than thirty (30) calendar days, either Party may terminate the Agreement affected by such force majeure following the written notice to the other Party. You must comply with all applicable U.S. and international laws governing export and re-export of the One Cleaner Solutions, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Without derogating from the generality of the foregoing: (i) you represent that you are not a member of any of the denied person list, unverified list, entity list, specially designated nationals list, debarred list or any other lists published by the U.S. Government; and (ii) you will not use, export or re-export the One Cleaner Solution to territories, destinations, companies or individuals in violation of U.S. and E.U. embargoes or trade sanctions. You will indemnify, defend and hold One Cleaner harmless from and against any claim, demand, suit or proceeding, and all damages, liabilities, costs and expenses arising from your failure to comply with this obligation. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of you and One Cleaner SRL and the other One Cleaner Group companies, and their respective agents, licensors, representatives, suppliers, distributors, resellers and other business partners. No person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary hereof. GENERAL. This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these Subscription Agreement shall be of the courts of Romania. Nothing in this Subscription Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. No Class Actions YOU AND One Cleaner 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 One Cleaner agree otherwise, the court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the One Cleaner Solution. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so. One Cleaner and One Cleaner logos are trademarks of One Cleaner. All other trademarks used in the product or in associated materials are the property of their respective owners. The Subscription will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from One Cleaner or any resellers of One Cleaner as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination. One Cleaner may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the One Cleaner Solution distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable. One Cleaner reserves the right to change the name of its Solutions in its sole discretion from time to time.