Kaspersky B2C Premium Service Terms and Conditions
Kaspersky Premium Support – Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OR USING THE KASPERSKY PREMIUM SUPPORT SERVICE (THE “SERVICE”). BY SUBSCRIBING TO OR USING THE SERVICE, YOU ACKNOWLEDGE THAT 1) YOU HAVE READ AND YOU UNDERSTAND THE TERMS OF SERVICE (THE “AGREEMENT”) AND 2) YOU AGREE TO THE TERMS HEREIN.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT SUBSCRIBE TO OR USE THE SERVICE. IF YOU HAVE NOT USED THE SERVICE, YOU MAY OBTAIN A REFUND FOR THE AMOUNT PAID FOR THE SERVICE WITHIN 30 DAYS OF PURCHASE DATE VIA HTTPS://USA.KASPERSKY.COM/ABOUT/CONTACT.
1. Description of Service. Powered by the Kaspersky Premium Support team, the Service provides remote technical support and assistance to home customers covering a wide range of questions and issues related to our home products only. Kaspersky Premium Support will not be able to assist with the use or installation of any non-Kaspersky application or any Kaspersky business customer software. Kaspersky Premium Support entitles you, the customer (“You” or the “Customer”), to the following services via remote support or phone support with a Premium Support Team member (“Service Agent”) during the term of your subscription:
- Priority routing of phone calls and chat made through dedicated Premium Support phone number and chat link. Remote sessions will be provided exclusively via chat.
- Expert installation of your Kaspersky software on your primary Windows or Mac OS device (one device per year).
- Health Check on your desired Windows OS device via a remote connection (one Health Check on one device per year). Health check includes assessment of the hardware and software on the device, as well as promotion of best practices with your Kaspersky application(s).
- Virus and Spyware Removal on your Windows or Mac OS device protected by a Kaspersky Anti-Virus, Internet Security, Total Security, and Security Cloud (“Antivirus Software”). You acknowledge the limitations stipulated in section 5. “Scope of Services”, as well as the requirement that Antivirus Software must be installed and running on the infected device prior to the removal request.
- Remote connections to your Windows or Mac OS device, which can be initiated by Kaspersky Premium Support within the Premium Support chat link provided post purchase.
The Premium Support subscription term is one (1) year from the date of Service purchase unless the plan is included as part of a Kaspersky Premium product where the subscription term would coincide with the length of an active product license.
You acknowledge that the provision of Service will be solely made through a dedicated Premium Support phone number and a dedicated Premium Support link for chat and remote connection, both of which will be delivered to you post purchase of Service. Any contacts to support made through regular channels will not be considered for Premium Support, including any submissions made through the https://mykaspersky.com portal.
Premium Technical Support will be provided via phone, chat and remote session during business hours (Local Time - except select holidays). Major holidays excluded are Christmas and at other times at Kaspersky Premium Support’s discretion.
Local phone numbers for the Service are available in Australia, Argentina, Brazil, Chile, Colombia, France, Germany, Hong Kong, Ireland, Italy, Japan, Kazakhstan, Kenya, Mexico, Netherlands, New Zealand, Puerto Rico, Russian Federation, South Africa, Spain, United Arab Emirates, United Kingdom, United States of America and Venezuela. Chat is available in all countries where the Service has been launched.
Kaspersky Premium Support will use commercially reasonable efforts to assist You via the Kaspersky Premium Service You have purchased but does not guarantee issue resolution. You acknowledge that not all problems can be diagnosed or corrected easily, and some may require You to return your computer device to its original state, reload the operating system, Kaspersky application software, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem.
2. Your Responsibilities
You acknowledge, accept, and agree that no software or service is error-free and You are advised to frequently back up your devices to another device or location with the frequency and reliability suitable for You. You also agree to:
- Follow the procedures and fulfill the requirements that Kaspersky Premium Support provides;
- Comply with the Service Agent’s instructions, including permitting the Service Agent to send You utilities to run on the device, or remotely connect to the device at the Service Agent’s discretion;
- Backup your computer hard disk drive and/or other storage devices You may have before your session with the Service Agent begins;
- Be responsible for any loss, alteration or corruption of your data, software or files;
- Ensure your computer meets all requirements and specifications required for each hardware or software application installed;
- Ensure that You have all legal rights, including copyrights for all software and other files on your computer.
- Assume responsibility for problem resolution due to third party hardware and software compatibility issues;
- Defend, indemnify and hold harmless Kaspersky Premium Support and its subcontractors, from and against any and all liabilities, damages, claims or proceedings arising out of your failure for not complying with the above items.
3. Termination and Refund Policy
You may cancel within thirty (30) days of the date You ordered Premium Support Services, if You have not used the Service, and obtain a refund. To qualify for this refund (credit or debit card used for purchase), You must contact Kaspersky Customer Services within thirty (30) days of purchase and request a refund of the fees You paid for the Service. After that period, no refund will be available (except as otherwise required by law). To qualify for this refund no Service(s) should have been provided during the thirty (30) day period. Services are offered on a commercially reasonable basis and no guarantee of issue resolution is provided.
Your right to use the Service is not transferable. You may not use the Service in connection with any sharing arrangement, on behalf of any third-party or with respect to any device not owned by You or software program not installed on devices owned by You.
5. Scope of Services
In the course of providing the Service, Kaspersky Premium Support may determine that the issue is beyond the scope of the Services. Customer acknowledges that Kaspersky Premium Support may not be able solve customer’s particular problem. You acknowledge that not all spyware, malware or virus can be successfully removed, and that such removal or removal attempts may impact the performance of other software programs on the customer’s system. Kaspersky Premium Support does not guarantee or warrant that any or all spyware, malware or virus will be or can be removed, and Kaspersky Premium Support does not guarantee or warrant that any spyware, malware or virus removal or removal attempt will not impact the performance of other programs on customers" systems.
6. Cancellation of Services
Kaspersky Premium Support may, at its sole discretion, cancel the Service, in which case You will be entitled to a refund for any unused Service Incidents or prorated remaining months available on an annual subscription.
7. Disclaimer of Warranties
Kaspersky Premium Support warrants that it will perform Services using reasonable care and skill. Kaspersky Premium Support does not warrant that Kaspersky Premium service will be able to correct all problems endorsed to it.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KASPERSKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KASPERSKY MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KASPERSKY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT HE CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM KASPERSKY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
8. Limitation of Liability
KASPERSKY PREMIUM SUPPORT, INCLUDING KASPERSKY PREMIUM SUPPORT’S SUBCONTRACTORS, SUPPLIERS, OR SOFTWARE PRODUCT DEVELOPERS, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; OR 3) DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC DAMAGES, INCLUDING LOST PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
It is the Customer’s responsibility to backup the software and data that is stored on Customer’s devices and Kaspersky Premium Support shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.
Notwithstanding any language to the contrary, Kaspersky’s maximum liability to You arising from or related to the Service under this Agreement shall be limited to the sums paid by You to Kaspersky for the Service.
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Any information disclosed or provided to Kaspersky Premium Support, over the telephone or electronically shall not be deemed to be customer proprietary information.
10. Dispute Resolution
10.1 Governing Law
10.1.1 If You purchased the Service in the United States, the Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state where You live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, You expressly agree hereby to waive any right to a trial by jury.
10.1.2 If You purchased the Service in Canada, the Agreement shall be governed by the laws of the Province of Ontario.
10.2 No action, regardless of form, arising out of this Agreement may be brought more than one (1) year after the cause of action has occurred, or was discovered to have occurred.
10.3 Class Action Waiver and Binding Arbitration
10.3.1 If You reside in the United States, this clause 10.3.1 applies to You. If a dispute, claim, or controversy of any kind with respect to this Agreement, and both parties couldn't resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this Agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this Agreement and the rules of the AAA, this Agreement shall govern.