Terms Service - Total Av Antivirus

These Terms of Service and End User License Agreement (collectively, the “Agreement”) are an agreement between Total Security Limited (incorporated in England under number 10161957) doing business (or trading) as TotalAV™ (“Total Security Group”, “we” or “our”) and you (“you,” “yourself,” “User” or “Customer”). This Agreement sets forth the terms and conditions of your use of all Total Security Group's products and services (collectively, the “Services”). Within the scope of such Services, this Agreement covers both (i) your service plan; and (ii) any additional services you order to supplement your service plan, as further described on Our Services & Prices page. By accessing, using, registering for or receiving any of the Services, you are agreeing to the terms and conditions set out below, and those found in our Privacy Policy (“Policies”) which are incorporated by reference into this Agreement. Additional terms may apply to certain Services that you purchase. In such cases, those additional terms also apply in addition to this Agreement.

If you do not accept and agree to these Terms and Conditions and our Policies then you must not access or use the Services.

Total Security Group may modify this Agreement from time to time to reflect changes in, or requirements of, applicable law or modifications or updates to the Services. Total Security Group will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required to be effective immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).

Governing Law and Arbitration for users in the United States

For users within the United States, the laws of the State of California apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply to this Agreement.
All fees and any applicable taxes will be processed on our behalf by our agent, Total Security LLC, a Delaware limited liability company. This will not affect the prices described at Our Services & Prices and you will not incur additional costs.
If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by Total Security Group, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of any persons(s). All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location to be chosen by Total Security Group in California. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Total Security Group will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems reasonably necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of any arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse Total Security Group for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Total Security Group shall reimburse you for your reasonable attorneys' fees and expenses incurred in connection with such arbitration.

Governing Law and Jurisdiction for users outside the United States

For users outside the United States, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales, subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply to this Agreement.
You and Total Security Group irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement (including your use of the Services) or its subject matter or formation.
Alternatively, you may raise the dispute with an alternative dispute resolution body in your home jurisdiction (including, if you are located in the European Union and the United Kingdom remains a member state of the European Union at the time of the dispute or participates under any transitional arrangements or any new trade deal) via the EU Commission’s Online Dispute Resolution (ODR) Platform.

Eligibility, Registration and Account Security
1. The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, we do not agree to provide the Services to you and you must cancel your account and stop using the Services. By registering for and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age (or, if higher than 18, you are over the age of majority in your country of residence).
2. If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services and this Agreement.
3. You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.
Prohibited PersonsCertain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the United States, United Kingdom. or other governments. These prohibit companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries (“Sanctioned Country”) and certain individuals, organizations, entities, or domain names (“Sanctioned National)” (see, for example, the U.S. Office of Foreign Assets Control restrictions on companies and their subsidiaries and related individuals that are named on the “Specially Designated Nationals” list). You are prohibited from registering for or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with a Sanctioned National or anyone set forth on the Specially Designated Nationals list, as determined by Total Security Group in its sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by Total Security Group without the right to recover any of your data or fees which you have paid (or pre-paid) for such Services.
Total Security Group License and Use of the Services
1. Scope of License. Total Security Group grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to install the Total Security Group software necessary to use the Services (the “Total Security Group Software”) only on the number of devices for which you have paid the applicable fees and taxes, and for the duration of your service plan. Each subscription grants you the right to install and use the Total Security Group Software to protect one device at a time. You may transfer your license from one device to another by contacting us. If you wish to use the Services on multiple devices, you must obtain a separate license for each device or obtain a multi-device license by purchasing an additional license or licenses package. This license permits you to use the Total Security Group Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the Total Security Group Software. Your license to use the Total Security Group Software is subject to the limitations set out in this section of the Agreement. If you do not agree with the terms of this license, you must cancel your account and stop accessing the Services.
2. Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the Total Security Group Software. You may not rent, lease, lend, sublicense or transfer the Total Security Group Software, or host the Total Security Group Software for third parties. The Total Security Group Software is licensed as a single integral product, and may not be separated for use on more than one computer. The Total Security Group Software may include copy protection technology to prevent the unauthorized copying of the Total Security Group Software, or may require original media for use of the Total Security Group Software on the computer. It is illegal to make unauthorized copies of the Total Security Group Software or to circumvent any copy protection technology included in the Total Security Group Software.
3. Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by Total Security Group. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
4. Redistribution. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with Total Security Group that expressly authorizes you to engage in this activity. You may ask Total Security Group for permission to have business or reseller use and distribution of Total Security Group Software by contacting us.
5. Trial Licenses. If you requested and received a free seven (7)-day or thirty (30)-day trial or evaluation license, Total Security Group grants you a non-exclusive, non-transferable, non-sublicensable and, limited license to use the Services via the Total Security Group Software only during such the trial or evaluation period in accordance with this Agreement. The free trial or and evaluation license is only valid for your use of the Services via the Total Security Group Services on one device during such seven (7)-day or thirty (30)-day period and is limited to one trial license or evaluation license per calendar year per device. Your trial or evaluation license to use the Services will automatically terminate upon the expiration or termination of the seven (7) or thirty (30)-day such trial or evaluation license period unless you subsequently sign-up for a full [whether annual or monthly] subscription to the Services. If you have any marketing codes that allow you to extend the term of your trial or evaluation license period you must enter such codes at the time of your initial sign-up purchase in order for them to be applied to your account. Prior to the expiration of your trial or evaluation period, you will be notified and offered the opportunity to purchase an annual or monthly subscription to the Services. We do not collect any of your personal or identifiable information, including name, email address or payment details, until such time as you affirmatively subscribe to the Services at or prior to the expiration of the trial or evaluation period (i.e. there is no auto-enrollment following the expiration of the trial or evaluation period).
6. Compatibility with the Total Security Group Software. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. Total Security Group is not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use or access the Services outside of its control.
7. Maintenance of the Total Security Group Software. From time to time, Total Security Group may make improvements, upgrades, changes or modifications to the Total Security Group Software available to its customers. Please see Modification and Updates to the Services.
8. Technical Support Services. Except as described otherwise in paragraph (j) below, Total Security Group will provide 24/7 technical support via visit our Help Centre and online chat for the current version of the Total Security Group Software (“Technical Support Services”). You will be required to provide as much information as we determine in our sole discretion based on our investigation into or evaluation of any issues or problems. By utilizing our Technical Support Services, you grant Total Security Group permission to access your account and device, if necessary, to resolve your issue or problem. You agree and understand that in order to resolve an issue or problem, Total Security Group may require access to license keys which you are solely responsible for providing to us.
9. Ineligibility for Technical Support Services. Total Security Group will not provide Technical Support Services if: (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) your failure to operate the Total Security Group Software within the systems requirements provided to you; (ii) any modification or attempted modification of the Total Security Group Software by you or any third party outside of Total Security Group's control; or (iii) your failure or refusal to implement any changes recommended or required by Total Security Group.
10. Availability of Remote Access Services through Remote Access Agents Under certain circumstances in connection with your use of the Services and implementation of the Total Security Group Software, you may seek customer assistance or customer service that may necessitate interaction with our remote access agents as part of our Technical Support Services in order to provide certain remote access services to properly address your issue or service problem. Please see Information and Disclaimer Regarding Remote Access Services.
11. Third party software components. Total Security Group is in partnership with Avira Operations GmbH & Co. KG and leverages the SAVAPI, MAVAPI, APC and WRAPI SDK packages which delivers protection against Zero-day attacks, advanced persistent threats and unknown malware. Other libraries used include Community.CsharpSqlite, DotNetZip, Hardcodet.Wpf.TaskbarNotification, HtmlAgilityPack, Ionic.Zip, lbt.Ortc.Api, LinqBridge, Mindscape.Raygun4Net, Newtonsoft.Json, SAVAPI, ShellBrowser, Utiliizr.WPF, Utilizr.Net3, Utilizr.VPN, Utilzr.OpenVPN, WebSocket4Net.
12. Data Breach Search. Total Security Group uses a third-party service provider to conduct a regular search of current or ongoing data breaches. The third-party provider searches a proprietary database of publicly available information concerning data breaches and other online data breach incidents based on the email address provided by a user. Total Security Group is not responsible for the accuracy or completeness of the results of any such search, nor are we affiliated with any website or brand that is listed.Whilst the Total Security Group can provide data breach results, we are not held responsible for the data shown, and nor do we claim to prevent future data breaches. No one can prevent all data breaches.We also reserve the right to conduct a data breach search on your behalf to enable us to provide you with informative feedback on whether or not you have been previously affected by a known data breach.
Modification and Updates of the Services
1. Total Security Group may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to automatic updates to the Services you have installed on your computer.
2. If Total Security Group modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. This does not affect or limit your money-back guarantee (details of which are set out below) and, therefore, if you cancel within the relevant period of starting or renewing the Services, whether or not as a result of a change made by Total Security Group, you will receive a full refund where you request one.
Term and Automatic RenewalFor all monthly subscription plans, please see paragraph b. For all other service plans, please see paragraph a.
1. Initial Term and Automatic Renewal. The initial term of the Services is: (i) in respect of your service plan, the initial period you have chosen to pay for on the payments page at the time you purchased the Services (e.g. either 1 month or 12 months); and (ii) in respect of all additional services, 12 months (the “Initial Term”). Except in the case of trial licenses, the Services will automatically renew for the same term (each a “Renewal Term”) as you initially ordered, as shall be further summarized for you in the Renewal Notice (described below). On occasion, it may be necessary for us to amend your renewal to provide you with the best service possible and you will be charged at the equivalent pro rata amount. Should this happen, you will be notified via email before any charge attempts and upon successful renewal. If you do not want your term to renew, you must cancel before the end of the Initial Term or any applicable Renewal Term, or else your credit/debit card on file will be charged in accordance with paragraph 6c (Pricing, Billing and Payment). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” Each Renewal Notice shall be provided to you, up to thirty (30) days prior to your credit/debit card being charged which, as described in Pricing, Billing and Payment, will be charged at the end of the then current Term. Total Security Group reserve the right to pre-renew a 12 months subscription up to 30 days prior to the anniversary date to avoid a lapse in service, which will be notified within the Renewal Notice. The Renewal Notice will be sent to the email address you have registered on file for your Total Security Group account, and notice of auto renewal will appear in your control panel. It is your responsibility to ensure that the email address and other personal details in your user account that Total Security Group holds for you are current at all times.
2. Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
3. Discount Promotions. If you receive a discount promotion on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. You acknowledge, agree, and authorize Total Security Group to automatically charge the applicable fee to your credit/debit card in accordance with paragraph 6c (Pricing, Billing and Payment).
4. Exceptions to Automatic Renewal. If you are in dispute with Total Security Group or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term. We are unable to return disputed charges, due to incurred costs.
5. Our Continuous Protection service provides complimentary access to a range of value added services, in order for these to be utilized you must have your auto-renewal preferences enabled, which can be found in 'My Services' within your account, maintaining an active billing relationship with us. Once this relationship has been terminated, access to the value added services which are included within the Continuous Protection service will be restricted within a 48 hour period of disabling and only accessible again once this billing relationship has been reactivated.
Pricing, Billing and Payment
1. Pricing: All prices for our products and services are displayed in INR and are subject to change at any time. We reserve the right to adjust our pricing to reflect changes in market conditions, changes in the cost of supplies, product discontinuation, errors in advertisements, and other extenuating circumstances.
2. Notification of Price Changes: We will provide notice of any significant price changes by email up to 30 days days in advance of annual subscriptions and 10 days in advance of monthly subscriptions. It is the customer's responsibility to review these notifications.
3. Billing and Payment: Customers are responsible for all charges incurred under their account, including applicable taxes and fees. Payments must be made by the due date specified on your invoice or billing statement.
4. Automatic Renewals: If applicable, subscriptions or services that automatically renew will be billed at the rate in effect at the time of renewal. Customers will be notified of any price changes prior to the renewal date.
5. Pricing Plans. We offer great service plans and a range of additional services to meet everyone’s needs. Details of our current service plans, and additional services, are listed on Our Services & Prices page. If you have claimed an introductory or special promotion offer on your Initial Term, your Services will automatically renew at the then current non-discounted price listed on our pricing page.
6. Billing Process. Our service charges will be calculated based on the service plan you choose, the number of devices you wish to protect plus any charges for additional services you have ordered. If the Services you purchase from Total Security Group are billed on a monthly basis, you will be billed in full month increments.
7. Payments. You agree to pay Total Security Group, during the Initial Term or each month, as applicable, depending on your choice of service plan, all fees for the Services, as set forth on the pricing page at the time you order the Services. Prior to expiry of your Initial Term or current Renewal Term, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. As set out in Term and Automatic Renewal, Renewal Notices will not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize Total Security Group to automatically charge the applicable fee to any credit/debit card(s) that has been added to your account, each month or Renewal Term (as applicable), unless you cancel the Services before the end of the Initial Term or any Renewal Term. All charges will be taken on the date of renewal; for example, for monthly subscription plans, your credit/debit card will be charged at the end of your monthly cycle for these Services. If the credit/debit card on file with Total Security Group has expired or does not permit automatic renewals, you must contact Total Security Group to renew the Services. If you do not renew your Services upon its anniversary date, your access will be terminated. Once your data has been queued for deletion, it cannot be retrieved by Total Security Group. You are responsible for ensuring that your credit/debit card billing information with Total Security Group is accurate. We also accept certain pre-paid payment methods
8. Currency. Total Security Group offers the ability to pay for Services in a number of different currencies. If your local currency is not supported by your account, the price payable for Services will be converted, using the applicable exchange rate, at the time of purchase or any charge for Services. In the event of any refund of fees being due to you in accordance with the terms of this Agreement, such refund will be converted using the applicable exchange rate at the time of refund. Total Security Group is not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.
9. VAT. VAT (Value Added Tax) is a tax imposed on consumers for those located within the territory of an European Member (E.U.) State. VAT is included in all GBP and Euro prices displayed on the Total Security Group site.
10. Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries. Please contact our 24/7 billing support centre with any billing questions. In particular, please always contact Total Security Group before attempting a chargeback.
Cancellation, Termination and Refunds
1. You may choose to cancel any Services at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with. You can manage your billing preferences via the 'My Services' option located in your control panel. Alternatively, if you require assistance you can contact us with your request via our Help Centre, or call (001) 833 201 8681.
  1. You may choose to terminate immediately or choose to not renew at the end of your Term.
  2. If you choose to cancel one or more services provided by Total Security, please be aware that each additional subscription is treated as a separate entity for billing purposes. In the event of cancellation of a service, any remaining subscriptions will remain active and must be managed separately.
  3. If you terminate during your Term, you may continue to access the Services for the remainder of your Term provided that you have paid for the Services in full and subject always to these Terms and Conditions, including our rights to cancel.You can cancel [our anti-virus protection] Services for any reason within thirty (30) days if you are on a 12 month plan and within 14 days if you are on a monthly plan.Where you purchase additional services, each additional service only entitles you to cancel within fourteen (14) days from the date you register or renew. Such additional services include but are not limited to: Safe Browsing (VPN), Unlimited Devices, Family Protection, Home Protection, Additional Device, Adblock Pro, Password Vault, Advanced Cloud Scanning, Identity Protection, Smartphone Optimizer, Antivirus eBook, Priority Support, Smartphone ProtectionIf you do choose to cancel your account within thirty (30) or fourteen (14) days (as the case may be) of registering for or renewing your Services and additional services, you will receive a full refund upon request of any payments made within the agreed cancellation period.For all Services paid for using a pre-paid payment method or gift card, you can only cancel within fourteen (14) days of registering or renewing your Services.
  4. To check your eligibility and request a refund, please contact our billing department at visit our Help Centre.
  5. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section unless such refund is mandated by local law.
2. Termination by Total Security Group. Total Security Group may suspend or terminate your use of or access to the Services if Total Security Group reasonably believes that (i) you are in breach of the Total Security Group License and Use of the Services, Prohibited Persons and Intellectual Property sections of this Agreement or if you are in material breach of any other section of this Agreement or our Policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks or otherwise harm or diminish the reputation of Proteted.net Group. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if Total Security terminates your account in accordance with this paragraph b.
3. Effects of Cancellation or Termination. Subject to the paragraph immediately below, upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have further access to any of our applications.Where you choose to cancel or terminate during your current Term, you will have access to the Services for the remainder of your current Term, subject always to these Terms and Conditions
4. Refund for Additional ServicesWhen you purchase additional services, for each additional service you must cancel and request a refund within fourteen (14) days from the date you register or renew the additional service(s). Such additional services include but are not limited to: Safe Browsing (VPN), Unlimited Devices, Family Protection, Home Protection, Additional Device, Adblock Pro, Password Vault, Advanced Cloud Scanning, Identity Protection, Smartphone Optimizer, Antivirus eBook, Priority Support, and Smartphone Protection.
  1. For all Services paid for using a pre-paid payment method or gift card, you can only cancel within fourteen (14) days of registering or renewing your Services.
  2. To request a refund, please contact our billing department through our Help Centre.
  3. You shall only be entitled to a refund if you comply with the terms and conditions of this section unless such refund is mandated by local law.
    1. Termination by Total Security Group. Total Security Group may suspend or terminate your use of or access to the Services if Total Security Group reasonably believes, in its sole discretion, that (i) you are in breach of this Agreement; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if Total Security terminates your account in accordance with this paragraph.
    2. Effects of Cancellation or Termination. If you choose to cancel or terminate your subscription during your current Term, you will continue to have access to the Services you enrolled into for the remainder of your current Term, subject to this Agreement. In all other cases, upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have further access to any of our applications.
Use of your Personal Information
1. Collection and Use of Personal Information. Total Security Group will collect, use and transfer your personal information in accordance with the terms of our Privacy Policy, which is incorporated herein by reference.
Information and Disclaimer Regarding Remote Access Services (“RAS”).
1. Information and Considerations for RAS. In the event that RAS is necessary, requested or recommended as part of our Technical Support Services, you should be aware of the following matters and considerations related to any use of our RAS:
  1. Our remote access agents (“RAAs”) will be in a position to access and view your private and confidential information that may be on your device at the time of granting access to the RAA.
  2. RAAs will be able to delete and edit data on your licensed device and any attached media storage capacity (attached at the time of remote access by the RAAs).
  3. Under certain circumstances, action(s) taken by the RAA in connection with providing RAS may lead to the loss or corruption of data on your device or which may result in loss of functionality in a device.
  4. In order to provide RAS, the RAA may need to upload or download information from your device in order to provide necessary technical support such as downloading log files or related utilities.
2. Customer Responsibilities in Connection with Seeking or Utilizing RAS.
  1. You are solely responsible for maintaining and backing up all information, data, text, files, photos or other materials (e.g. software) that are on your device and storage media before ordering RAS, installing any recommended or required files, as well as at the time when you request and receive any RAS and providing access to an RAA.
  2. You should ensure that any confidential or personal files are closed before the RAS session commences, and are appropriately labelled as being private or confidential.
  3. You should ensure that you have the necessary or proper capacity and authority to bind yourself to the terms of the disclaimer below (particularly if you are authorizing on behalf of an entity), and that you have full authority and responsibility for your device and storage media in connection with the provision and receipt of any and all RAS provided by the RAA.
  4. You should be actively present at all times during the RAS provided by the RAA in order to follow any instructions or implement any recommendations from the RAA (e.g. entering passwords for access, providing more information).
3. Disclaimers and Disclosures Regarding Customer’s Use of RAS. Our RAS are provided at your sole risk, and you assume responsibility for any and all consequences as a result of the RAS. In connection with the foregoing:
  1. You understand and agree that by requesting any RAS, an RAA may download and use software on your device; gather system data from your device; take remote access control of your device (upon your consent); and otherwise access and modify the device settings as reasonably to troubleshoot any issues and provide the necessary RAS identified.
  2. You understand and agree that by using our RAS, an RAA may (while engaging in or undertaking the necessary or required RAS) be exposed to or be able to view private and confidential files, information and/or material on your device if not otherwise properly closed or secured.
  3. We do not take any responsibility for any data (including any files or software) that could be on your device or storage media while the RAS are performed. We cannot be held responsible for any loss or corruption of any data (including any files or software), whether as a result of negligence, accident or otherwise. If reasonably necessary in order to perform the RAS, some or all files or software may be deleted in order to remove viruses, malware, infections, trojan horses, automated programs, warms or corrupted data/files/software in order to make the device functional again.
  4. We hereby disclaim all representations, warranties and conditions, whether express or implied, regarding the RAS you request, including the representations, warranties and conditions of merchantability, fitness for a particular purpose or any warranty resulting from course of dealing or course of performance. You hereby accept receipt and delivery of any RAS on an “as-is” “where-is” basis.
  5. We will not be liable for any special, indirect or consequential damages, or any damages whatsoever (whether known or unknown) resulting from or arising out of loss of use, data/files or profits, whether in an action of contract or tortuous action, arising out of or in connection with the provision of any RAS.
Intellectual PropertyAll trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, Total Security Group trading as TotalAV™. The ownership of all intellectual property rights relating to the Services shall remain with Total Security Group trading as TotalAV™ and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with Total Security Group’s or its licensor's intellectual property rights.
Limited WarrantyEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, TOTAL SECURITY GROUP AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER, INCLUDING WARRANTIES COVERING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Disclaimer & INDEMNITY
1. You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Total Security Group exercises no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on Total Security Group controlled equipment.
2. You agree to indemnify, defend and hold harmless (i) Total Security Group, our officers, directors, employees, agents, licensors, suppliers and (ii) any third party providers of information or services to us and each of their respective officers, directors, employees, agents, subcontractors, affiliates and contractors (“Indemnitees”), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions, including this Agreement and our Policies or your violation of any applicable laws, rules or regulations. In the event that any Indemnitee is subject to any claim for which such entities have the right to be indemnified by you, it will have the right to, at your expense, assume the exclusive defense and control of any such claim, and you will not in any event settle any claim without that Indemnitee’s prior written consent.
Limitation of Liability
1. TOTAL SECURITY GROUP’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED (A) WHERE AND TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW AND (B) FOR ALL EUROPEAN NON-BUSINESS CUSTOMERS, TO THE EXTENT THAT SUCH LOSS ARISES FROM TOTAL SECURITY GROUP’S FAILURE TO PROVIDE THE SERVICES USING REASONABLE SKILL AND CARE. IN ALL OTHER CIRCUMSTANCES, TOTAL SECURITY GROUP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF (I) INTERRUPTION TO OR UNAVAILABILITY OF THE SERVICES; (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE BACKED-UP, STORED OR MADE AVAILABLE VIA THE SERVICES, AND/OR (IV) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS AGREEMENT OR OUR PRIVACY POLICY, AND TOTAL SECURITY GROUP’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT OF FEES PAID, IF ANY, BY YOU IN THE TWELVE MONTHS PRIOR TO THE CLAIM (OR FOR ANY INITIAL TERM OR RENEWAL TERM OF MORE THAN 12 MONTHS, THE FEES PAID FOR THAT INITIAL TERM OR RENEWAL TERM).
2. Total Security Group will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3f (Compatibility with the Total Security Group Software).
3. The terms of this paragraph shall survive any termination of this Agreement.
Assignment and Delegation by Total Security GroupTotal Security Group may, in its sole discretion, transfer or assign all or part of its rights under this Agreement, and may novate or transfer all or any portion of its duties and obligations under this Agreement. Total Security Group may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 14, you should discontinue your use of the Services and cancel your account.
Assignment and Delegation by YouYou may only assign or part with any of your rights under this Agreement following a satisfactory credit check of the person you wish to transfer your rights to and completion by them of the Total Security Group sign-up process. If you wish to transfer your rights to a third party, please visit our Help Centre.
NoticesNotices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your Total Security Group account or through your control panel. It is your responsibility to ensure that the contact details Total Security Group holds for you are current at all times.
Entire AgreementThis Agreement (including the items incorporated by reference and modifications that may be made from time to time by Total Security Group), constitute the entire agreement between Total Security Group and you regarding the Services, and supersedes all prior agreements between you and Total Security Group regarding the subject matters hereof. Any item or service furnished by Total Security Group in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.
SeverabilityThis Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
No WaiverTotal Security Group reserves its right to take all legal steps available to enforce this Agreement. Total Security Group’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Total Security Group’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with Total Security Group shall be effective unless expressly stated in writing and signed by both parties.
Third Party RightsThis Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or any equivalent local legislation to enforce any term of this Agreement.