PCAny ("PCAny" or "we") provides the PCAny Web site including the PCAny Home Page and other PCAny contents including application program (collectively, the "PCAny Site") subject to Customer’s compliance with the terms and conditions below.
This is a legal agreement between the individual or legal entity ("Customer" or "You") agreeing to these Terms of Service ("Terms") and PCAny.
By accepting these Terms, signing an Order, or using the services, or checking the acceptance button on the page or application program and completing the electronic acceptance process, you represent and warrant that you
1. are, or are authorized to sign for, the contracting party defined herein as "Customer".
2. have read, understand and agree to be bound by all of the terms and conditions of this online subscription agreement.
3. are of legal age and have authority to bind the Customer to the Order, these Terms, and the applicable "Service Descriptions" available at PCAny Site.
PLEASE READ THIS BEFORE ACCESSING THE PCANY SITE. BY ACCESSING THE PCANY SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PCANY SITE.
This online subscription agreement ("Agreement") entered into of the date of electronic acceptance by Customer ("Effective Date"), by and between PCAny and Customer, entering into this Agreement.
PCAny reserves the right to revise this Agreement from time to time without notice to Customer.
Basic Rules
While visiting the PCAny Site, Customer may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability,
or otherwise use the PCAny Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the PCAny Site or the Internet; post or transmit any information or
software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material
obtained through the PCAny Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightsholder.
You agree to use the Service in accordance with the use levels by which we measure, price and offer our Services as posted on PCAny Site, your Order, or the Service Descriptions (“Use Levels”).
You may use our Services only as permitted in these Terms, and you consent to our Privacy Policy at PCAny Site.
Services
PCAny grants you a limited right to use PCAny Services for business and professional purposes only. Technical support for the Services is described in the Service Descriptions of PCAny Site.
If your affiliates use our Services, you warrant that you have the authority to bind those affiliates and you will be liable if your affiliates do not comply with the Agreement.
Customer may use PCAny remote software and related services only to enable a designated user to provide remote assistance to its customers.
Customer may use PCAny the Services only to enable authorized individuals to access and control designated users’ PCs and smart devices remotely.
PCAny reserves the right to upgrade, enhance, or modify functions & features of the Services as it considers appropriate and in its discretion.
PCAny will not materially reduce the core functionality (as set forth in the Service Descriptions) or discontinue any Services unless PCAny provides you with prior written notice.
PCAny may offer additional functionality to our standard Services or premium feature improvements for an additional cost.
Customer must complete the online registration process including this Agreement. PCAny may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for the rejection.
Customer or on behalf of Customer shall provide all registration data in accurate, current, and complete. The registration data should be updated by Customer in its sole responsibility.
PCAny reserves the right to terminate this Agreement immediately in the event submitted registration data is found to be inaccurate, not current, or incomplete.
During online registration process, PCAny will collect additional information on billing and payment related matters.
It will include a valid credit card or debit card number with available credit, preferred billing frequency, and other information required by PCAny.
PCAny reserves the right to terminate the Agreement immediately in the event any payment information is found to be inaccurate, not current or incomplete.
Any overdraft charge or other fees that may be issued by PCAny’s use of Customer's credit or debit card shall not be PCAny's responsibility.
Customer is entirely responsible for all activities under its account including management of keeping confidentiality of its password and account.
Customer shall agree to inform PCAny immediately of any type of security breach. PCAny shall not be liable for any loss aroused from the Customer's
activity which may bring as a result of other entity using its password or account, either with or without its knowledge.
Customer may be held liable for losses incurred by PCAny in such case as described above.
Customer is responsible for all subscription fees and all applicable taxes (sales tax, value-added tax, goods and services tax, withholding tax, tarriffs, Universal Services Fund (USF) fees or
any other similar fees and taxes) (collectively, the "Taxes and Fees"). Upon Customer’s payment of subscription fees, PCAny will allow Customer to access and use the services described above.
All contents transferred by Customer or any other party in connection with Customer's access and/or use of the services, of all kinds of communication methods, are shall be Customer's responsibility.
All payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services.
Customer may order Services using our then current ordering processes ("Order"). All Orders are effective on the earlier of the date you submit your
Order or the date on the signature block of the Order (collectively, the "Effective Date"). Acceptance of your Order may be subject to our verification and credit approval process.
Customer is responsible for providing accurate and current billing contact and payment information to us or any reseller of ours. You agree that PCAny may take steps to verify whether
your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software
designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for
payment processing and fraud prevention purposes. PCAny may suspend or terminate your Services if at any time PCAny determines that your payment information is inaccurate or not current,
and you are responsible for fees and overdraft charges that PCAny may incur when we charge your card for payment. PCAny will not agree to submit invoices via any online portal.
PCAny reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle.
PCAny will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you.
PCAny may offer a trial and/or promotional offers (promotions and other special discounted pricing offers) from time to time and the offers are temporary and upon the renewal of your subscription,
any such discounted pricing offers may expire. PCAny reserves the right to discard or change coupons, credits, trials and promotional offers at its discretion and without notice.
Just one (1) offer per customer is applied basically and limited to any kind of trial or promotional offers.
You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days.
PCAny may, on notice to you, suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
Customer must not reverse engineer, decompile or otherwise attempt to decipher any code in connection with the services or any other aspect of PCAny's technology.
Customer shall not access and/or use any of the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt PCAny Site,
services or related systems of PCAny. Customer may not resell, distribute, or use any of the services on a timeshare or disapproved method basis.
Monitoring
PCAny has no obligation to monitor the PCAny Site. However, Customer agrees that PCAny has the right to monitor the PCAny Site electronically from time to time and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the PCAny Site properly, or to protect itself or its subscribers. PCAny will not intentionally monitor or disclose any private electronic-mail message unless required by law.
PCAny reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Termination
PCAny reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under the Agreement. Upon termination of the Agreement, Customer will immediately
stop access to and use of the services. PCAny shall not be liable for any damages resulting from a termination of the Agreement. Provided, claims arising prior to the termination shall not be affected.
The initial term commitment for your purchase of Services will be as specified on an Order ("Initial Term") and begins on the Effective Date. After the Initial Term, the Services will, unless otherwise specified in
the Service Description for a particular Service, automatically renew for additional 1-year periods ("Renewal Terms"), unless either party provides notice of non-renewal at least 30 days before the current term expires.
You may provide notice of non-renewal for each Service you do not wish to renew at PCAny Site contacts. PCAny may agree to align the invoicing under multiplhe Orders but this will not reduce the term of any Order.
Terminating specific Services does not affect the term of any other Services still in effect. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current
Terms and the renewal date that was in effect as of the effective termination date.
If the Agreement or any Services are terminated, your account may be converted to a dormant account at our discretion. Otherwise, you will immediately discontinue all use of the terminated Services, except that upon request,
PCAny will provide you with limited access to the Services for a period not to exceed 30 days, solely to enable you to retrieve your Content from the Services. PCAny has no obligation to maintain your Content after that period.
Neither party will be liable for any damages resulting from termination of the Agreement, and termination will not affect any claim arising prior to the effective termination date.
You retain all rights to your Content (defined below) and PCAny does not own or license your Content. PCAny may use, modify, reproduce and distribute your Content in order to provide and operate the Services.
You warrant that you have the right to upload or otherwise share Content with us, and your uploading or processing of your Content in the context of our Services does not infringe on any rights of any third party.
Each party agrees to apply reasonable technical, organizational and administrative security measures to keep Content protected in accordance with industry standards.
PCAny will not view, access or process any of your Content, except when it is authorized or instructed by you or your users in this Agreement or in any other agreement between the parties,
or when it is required to comply with our policies, applicable law, or governmental request. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your Content within the Services.
If your Content, including any personal data, is processed by us as a data processor acting on your behalf (in your capacity as data controller),
PCAny will use and process your Content in order to provide the Services and fulfill our obligations under the Agreement, and in accordance with your instructions as represented in this Agreement.
"Content" means any files, documents, recordings, chat logs, transcripts, and similar data that PCAny maintains on your or your users’ behalf, as well as any other information you or your users may upload to your Service account in connection with the Services.
Privacy
It is therefore recommended that the services shall not be used for the transmission of confidential information. PCAny cannot ensure or guarantee privacy for PCAny users.
Any such use shall be at the sole risk of Customer and other users in connection with Customer, and PCAny and its affiliate and related companies shall be relieved of all liability in connection therewith.
Limitation of Liability
PCAny takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the PCAny Site.
Further, PCAny makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the PCAny Site for any purpose.
All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall PCAny be liable for any damages whatsoever,
including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service. PCAny’s liability is limited to maximum $50.
If Customer is dissatisfied with the PCAny Site or with any terms, conditions, rules, policies, guidelines, or practices of PCAny in operating the PCAny Site, Customer’s sole and exclusive remedy is to discontinue using the PCAny Site.
Confidential Information
Both parties shall not disclose non-public information or materials which are reasonably understood to be confidential ("Confidential Information")
except the case of any information that receiving party of Confidential Information is obligated to produce pursuant to an order of a court of competent
jurisdiction with timely notice to disclosing party. Customer will keep in strict confidence all passwords and other access information to the services.
Customer shall authorize PCAny to collect from any party and to retain all relevant information relating to Customer's use of the PCAny Site, and hereby authorize any party to provide PCAny with such information.
Customer shall understand and agree that unless Customer notify PCAny to the contrary by e-mailing, Customer further authorize PCAny to disclose, on a confidential basis, to any party with whom PCAny has business
relations all relevant information relating to Customer’s dealings with PCAny and the PCAny Site.
Indemnity
Customer agrees, at its sole expense, to defend, indemnify and hold PCAny and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees,
related to a third party claim, suit, or infringement based on information, data, or any content submitted by Customer or related to any Violation of this Agreement by Customer or users of Customer’s account,
or in connection with the use of the PCAny Site or the Internet or the placement or transmission of any message, information, software or other materials on the PCAny Site or on the Internet by Customer or users of Customer’s account.
Trademarks & Proprietary Rights
PCAny and other names, logos and icons identifying PCAny and PCAny's products and services referenced herein are trademarks or registered trademarks of PCAny.
All other product and/or brand or company names mentioned herein are the trademarks of their respective owners. PCAny retains ownership of all proprietary rights in or associated with all its products and services.
DISCLAIMER
CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ALL MATERIALS CONTAINED IN THE SERVICES IS PROVIDED BY PCANY ON AN "AS IS" BASIS, AND CUSTOMER'S ACCESS TO AND/OR USE OF THE SERVICES IS AT ITS SOLE RISK WITHOUT WARRANTY OF ANY KIND.
THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL PCANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THE SERVICES.
USE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED PROGRAMS (INCLUDING PLUG-INS) CONTAINED IN THE SERVICES IS DONE AT THE SOLE RISK OF CUSTOMER. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Headings
The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Force Majeure
PCAny shall not be responsible for delays or failure to perform resulting from acts beyond the reasonable control of such party and which could not have been reasonably foreseen and provided
against and with respect to which such party shall exercise continuing diligence to resume performance of its obligations. Such acts shall include, without limitation, acts of God, fires,
casualties, floods, earthquakes, acts of war, strikes, lockouts, epidemics, destruction of production facilities, riots, insurrections, walkouts, government order, power failures, and other disasters.
No Waiver & Severability
The failure of either Customer or PCAny in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will
not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s). In the event that any
provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision
(or part thereof) shall be enforced or, incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement
shall continue to remain in full force and effect according to its stated terms and conditions.
COMPLIANCE WITH LAWS.
IN CONNECTION WITH THE PERFORMANCE, ACCESS AND USE OF THE SERVICES UNDER THE AGREEMENT, EACH PARTY AGREES TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS INCLUDING, BUT NOT
LIMITED TO EXPORT, PRIVACY, AND DATA PROTECTION LAWS AND REGULATIONS. IF NECESSARY AND IN ACCORDANCE WITH APPLICABLE LAW, PCANY WILL COOPERATE WITH LOCAL, STATE, FEDERAL AND INTERNATIONAL
GOVERNMENT AUTHORITIES WITH RESPECT TO THE SERVICES. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, WE MAY IMMEDIATELY TERMINATE THE AGREEMENT FOR NONCOMPLIANCE WITH APPLICABLE LAWS.
WARRANTIES.
WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF OUR SERVICES WILL BE TIMELY,
UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (3) ALL ERRORS OR DEFECTS WILL BE CORRECTED.
USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES,
OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM THE DATE YOU NOTIFY US OF THE NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
