Kaspersky PC Health Check Service — Terms of Service
Latest update: January 30, 2024 ID: 15955
Please read these Terms of Service (the “Terms”) carefully before subscribing to or using the Kaspersky PC Health Check Service (the “Service”). “You” or the “Customer” shall refer to the person purchasing, using and/or receiving the Service which are subject to these Terms of Service. “Kaspersky Technical Support” refers collectively to technical support service agents of AO Kaspersky Lab, Kaspersky Lab Switzerland GmbH, Kaspersky Lab, Inc., and their affiliates, employees or third party service providers, as the case may be, providing the Service under these Terms.
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, (d) you are a resident of the United States or Canada, and (d) You have the right, authority and capacity to enter into this agreement. Applicable law(s) or regulation(s) of the state in which you reside may limit or alter the availability or scope of the Service.
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.
You must meet the following technical prerequisites to be eligible for the Service:
Connectivity. To receive the Service, You will need a broadband or high-speed internet connection and modem that would permit a Kaspersky Technical Support specialist (“Service Agent”) to remotely connect to the Covered Device and run utilities and software at the Service Agent’s discretion.
Covered Devices. Support per the Service shall be limited to the following devices and operating systems (collectively “Covered Devices”): PCs (Windows 7 or later) and Mac computers (macOS X 10.10 (Yosemite) or later). Mobile devices, including any devices running on Android or iOS, are not Covered Devices under these Terms of Service.
3. Scope of Services
Kaspersky Technical Support provides support and assistance to customers covering a wide range of questions and issues. Kaspersky PC Health Check entitles You to a multipoint inspection and optimization on one Covered Device via remote support by a Service Agent.
Service will be provided via chat and remote session during normal business hours. Major US holidays excluded are Christmas and at other times at Kaspersky Technical support’s discretion.
After assessing the customers concerns related the device’s performance and security, Kaspersky Technical Support will attempt to perform the following during the delivery of the Kaspersky PC Health Check Service:
- Install the latest system updates, application and software updates, and configure automated updates;
- Update drivers;
- Disable or remove junk apps and bloatware.
- Remove unwanted or junk web browser add-ons, including unnecessary toolbars present in web browsers;
- Check your system for unsafe settings, vulnerable apps, and fix them;
- Disable applications from start-up;
- Perform any needed storage optimization,
Kaspersky Technical Support will use commercially reasonable efforts to assist you for the Kaspersky PC Health Check Service you have purchased. However, you acknowledge that not all problems can be diagnosed or corrected easily, and some may require you to return your Covered to its original state, reload the operating system, application software, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem. Services are offered on a "Best Efforts" basis and no guarantee of issue resolution is provided.
In the course of providing the Service, Kaspersky Technical Support may determine that the issue is beyond the scope of the Services. Customer acknowledges that Kaspersky Technical Support may not be able solve customer’s particular problem.
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 to the Service Agent about the symptoms and causes of the technical issues You are experiencing or the tasks you need technical support with.
- 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 and run utilities and software at the Service Agent’s discretion;
- Upon the Service Agent’s request, enter the required passwords and key codes necessary for provision of the Service;
- 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 issue 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. Service Term, Termination, and Refund Policy
The Service shall be available to You for one year from the date of purchase.
You may cancel within thirty (30) days of the date you ordered an PC Health Check Service, 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 from Your Service purchase date.
Kaspersky Technical Support may, at its sole discretion, cancel the Service, in which case you will be entitled to a refund for the fees you paid for the Service if you have not used the Service in the period between Your Service purchase date and Kaspersky’s cancellation of the Service.
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.
You agree that under this Agreement: 1) all information exchanged is non-confidential. If either Kaspersky or You requires the exchange of confidential information, such will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to Kaspersky Technical Support, over the telephone or electronically shall not be deemed to be Customer proprietary information.
When you contact Technical Support, we will ask for the necessary information to provide you with support (for example, your license number, email address, information about the product that caused the problem, information about computer hardware and software, and a description of the problem). Files or applications shared with the Service Agent may also contain personal information, such as user or identifiable file names, metadata, or file content. You may share these files at your sole discretion.
We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about your satisfaction with our products or the Service 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 Technical Support. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.
Residents of the California, Virginia, Colorado, Connecticut, and Utah should refer to Kaspersky’s State Privacy Law Notice for supplemental information on the kind of data we collect and how to exercise their consumer privacy rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together "CCPA"), the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”) starting July 1, 2023, the Connecticut Data Privacy Act (“CTDPA”) starting July 1, 2023, and the Utah Consumer Privacy Act (“UCPA”) starting December 1, 2023
Kaspersky Technical Support warrants that it will perform Services using reasonable care and skill. Kaspersky Technical Support does no warrant that Kaspersky Technical Support will be able to correct all issues with Your Covered Device.
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 THE 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.
9. Limitation of Liability
KASPERSKY TECHNICAL SUPPORT, INCLUDING KASPERSKY’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 Technical 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.
Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
If any provision of these Terms is deemed unenforceable or void, the remaining provisions will continue to be in effect.
10. Governing Law
10.1. 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. 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. If You reside in the United States, this clause 9.3 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.
If you have any questions, comments or concerns about these Terms, the best way to contact us is at: https://support.kaspersky.com/b2c/US.
Kaspersky Lab, Inc.
500 Unicorn Park Drive
Woburn, MA 08101