Kaspersky Ultimate Help Desk – Terms of Service
1. Acknowledgment and Acceptance of Terms of Service
By subscribing to or using the Service, You expressly acknowledge that (a) You have read and you understand the Terms of Service (the “Terms”), (b) You agree to the Terms herein, (c) You are 18 years of age or older, and (d) You have the right, authority and capacity to enter into this agreement.
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 BY CONTACTING CUSTOMER SERVICE VIA HTTPS://USA.KASPERSKY.COM/ABOUT/CONTACT.
Kaspersky may update these Terms at any time in its sole discretion, and Kaspersky will post the updated version of these Terms on the website. You understand and agree that you will be deemed to have accepted the updated Terms if you subscribe to or use the Service after the updated Terms are posted.
2. Prerequisites.
To receive the Service, You will need a broadband or high-speed internet connection and modem.
Covered Devices. Support per the Service shall be limited to the following devices and operating systems (collectively “Covered Devices”):
- Computers:
- PCs (Windows 7 SP1 or later),
- Mac (macOS X 10.13 (Yosemite) or later), and
- Phones and Tablets:
- Apple iPhone, iPad, and iPod Touch (with iOS 12.2 or later)*,
- Android phone and tablets (with Android OS 7 or later).
Other than those listed herein above, no other devices or operating systems are eligible for the Service. *Remote assistance is limited to screen sharing and full remote control is not available.
*Remote assistance is limited to screen sharing and full remote control is not available.
3. 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.
Kaspersky Ultimate Help Desk entitles You to the following services via remote support or phone support with a Premium Support Team member (“Service Agent”) during the term of your subscription on up to three (3) devices:
- Network setup and tune-up.
- connect your PC, Mac, laptop, smartphone or tablet to an available Wi-Fi network
- configure and personalize your Internet browser (Internet Explorer, Chrome, FireFox) by setting up bookmarks, styles, add-ons.
- apply secure settings to Internet browsers and delete any unwanted add-ons.
- apply network settings that make Internet browsing faster and more responsive.
- check for apps that overload your network, and, if they are unnecessary, disable or remove them.
- Data Backup.
- Backup photos and videos on your external drive*, including USB pen drive or memory card.
- Backup photos and videos in the cloud*.
- Help create a cloud* storage account to be used for one-time, or automatic back-up.
- Security Check and Tune-up.
- Install the latest system updates and configure automated updates.
- Update drivers.
- Remove junk apps and bloatware.
- Remove unwanted or junk browser add-ons.
- Check your system for unsafe settings, vulnerable apps, and fix them.
- Device setup.
- Guide through initial setup of a PC, Laptop, Mac, Android and iOS smartphone and tablet.
- Configure and Personalize the device to Your preferences - styles, fonts, icons, wallpapers.
- Connect to available cable or Wi-Fi Internet.
- Install the latest system updates and configure update schedule.
- Install drivers.
- Configure browsers and Internet settings.
- Setup Email accounts*.
- Install applications.
- Apply secure settings to the system and Internet.
- Identify and remove junk apps and bloatware.
- Change network settings to make browsing faster and more responsive.
*using third party software, hardware or services that You either have already obtained or wish to obtain with remote assistance by the Service Agent
You acknowledge that the provision of the Service will be solely made through a dedicated phone number and remote connection, both of which will be delivered to You post purchase. Any contacts to support made through any other channels will not be considered for Premium Support, including any submissions made through the http://mykaspersky.com portal. Kaspersky Ultimate Help Desk will be provided via phone, chat and remote session 7 days a week, 24 hours a day (except select holidays, such as Christmas and at other times at Kaspersky Premium Support’s discretion).
4. 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:
- Provide information about the symptoms and causes of the technical issues You are experiencing or the tasks you need technical support with. You will need to respond to the Service Agent’s requests for information such as your product serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your product, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues;
- 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 licenses and 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 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.
5. Termination and Refund Policy
If You have not used the Service, You may cancel your subscription to the Service within thirty (30) days of the date You ordered 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 Service 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.
6. Transferability
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.
7. Scope of Services
Kaspersky Premium Support will use commercially reasonable efforts to provide technical support to You via the Kaspersky Ultimate Helpdesk Service that You have purchased, but Kaspersky 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, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem.
In the course of providing the Service, Kaspersky Premium Support may determine that the issue is beyond the scope of the Services. You acknowledge that Kaspersky Premium Support may not be able solve a customer’s particular problem.
8. 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.
9. 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.
10. 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 these Terms shall be limited to the sums paid by You to Kaspersky for the Service.
If any provision of these Terms is deemed unenforceable or void, the remaining provisions will continue to be in effect.
Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
11. Privacy
Any information disclosed or provided to Kaspersky Premium Support, over the telephone or electronically shall not be deemed to be customer proprietary information.
Kaspersky Premium Support and our related companies will process, store and use information about your transaction and your contact information per our Privacy Policy, Where permissible under local law, we may use this information to inquire about your satisfaction with our products or the Services discussed above or provide You with information about other products and services and, if we do so, You may at any time decline to receive any further communications from Kaspersky Premium Support.
12. Dispute Resolution
12.1 Governing Law
12.1.1 If You purchased the Service in the United States, the Terms 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.
12.1.2 If You purchased the Service in Canada, the Terms shall be governed by the laws of the Province of Ontario./
12.2 No action, regardless of form, arising out of this Terms may be brought more than one (1) year after the cause of action has occurred, or was discovered to have occurred.
12.3 Class Action Waiver and Binding Arbitration
12.3.1 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 these Terms, 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 these Terms, 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 these Terms and the rules of the AAA, these Terms shall govern.