Terms of Service - TotalAV

3/27/2020 Terms of Service - TotalAV.
com
Terms of Service & EULA
These Terms and Conditions and License Agreement (the “Agreement”) are an agreement between Protected.net Group Limited (incorporated in England
under number 10161957) doing business as TotalAV (“Protected.net Group”, “we” or “our”) and you (“you,” “yourself,” “User” or “Customer”). This
Agreement sets forth the terms and conditions of your use of all Protected.net Group products and services (collectively, the “Services”). Within the scope
of such Services, this Agreement refers to both (i) your service plan; and (ii) any additional services you order to supplement your service plan, as further
described at Our Services & Prices. By accessing, using, registering for or receiving any of the Services, you are agreeing to the terms set out below and in
our Privacy Policy (“Policies”) which are incorporated 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.
Protected.net Group may modify this Agreement from time to time to re ect changes in or requirements of the law or modi cations or updates to the
Services. Protected.net 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 immediately for legal or security reasons, notice of the modi ed 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 modi cations, you must stop using the Services
(see Cancellation and Termination).
Governing Law and Arbitration for users in the United States

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https://www.totalav.com/terms-of-service 1/17
3/27/2020 Terms of Service - TotalAV.com
a. 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.
b. All fees and any applicable taxes will be processed on our behalf by our agent, Protected.net LLC, a Protected.net LLC corporation. This will not
affect the prices described at Our Services & Prices and you will not incur additional costs.
c. If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by nal and binding arbitration conducted
before a single arbitrator, chosen by Protected.net 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 modi ed 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 chosen by Protected.net 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, Protected.net Group will pay as
much of your ling, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. If, however, the arbitrator nds 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 arbitration costs shall be
governed by the AAA Rules. In such case, you agree to reimburse Protected.net 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,
Protected.net Group shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
Governing Law and Jurisdiction for users outside the United States
1. 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.
2. You and Protected.net 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 or its subject matter or
formation.
3. Alternatively, you may raise the dispute with an alternative dispute resolution body in your home jurisdiction (including, if you are 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.
1. Eligibility, Registration and Account Security
a. 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 or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of
majority in your country of residence.
b. 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.
c. 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 con dentiality of your
username
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to personalise your experience, to show you ads based on your interests, and for measurement and analytics. By using our website you agree
2. Prohibited Persons
Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws
imposed by the U.S., U.K. 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. Of ce of Foreign Assets Control restrictions on U.S. companies and their subsidiaries and individuals on the
“Specially Designated Nationals” list). You are prohibited from registering 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, as determined by Protected.net 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 Protected.net Group without the right to recover any of your data.
3. Protected.net Group License and Use of the Services
a. Scope of License. Protected.net Group grants you a personal, non-exclusive, non-transferable, limited and revocable license to install the
Protected.net Group software necessary to use the Services (the “Protected.net 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 the
software and use Protected.net Group 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 a multi-device license
by purchasing an additional license or licenses package. This license permits you to use the Protected.net Group Software for the sole and
exclusive purpose of using the Services. We reserve all other rights to the Protected.net Group Software. Your license to use the
Protected.net 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.
b. Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the Protected.net
Group Software. You may not rent, lease, lend or transfer the Protected.net Group Software, or host the Protected.net Group Software for
third parties. The Protected.net Group Software is licensed as a single integral product and may not be separated for use on more than one
computer. The Protected.net Group Software may include copy protection technology to prevent the unauthorized copying of the
Protected.net Group Software or may require original media for use of the Protected.net Group Software on the computer. It is illegal to
make unauthorized copies of the Protected.net Group Software or to circumvent any copy protection technology included in the
Protected.net Group Software.
c. Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized
by Protected.net Group. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
d. 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 Protected.net Group that expressly authorizes you to engage in this activity. You may
ask Protected.net Group for permission to have business or reseller use and distribution of Protected.net Group Software by contacting us.
e. Trial Licenses. If you received a free trial or evaluation license, Protected.net Group grants you a non-exclusive, non-transferable, limited
license to use the Services during the trial or evaluation period in accordance with this Agreement. The free trial and evaluation license is
only valid for your use of the Services on one device and is limited to one trial license or evaluation license per calendar year per device. Your
license to use the Services will terminate upon the expiration or termination of such trial or evaluation period. If you have any marketing
codes that allow you to extend the term of your trial you must enter such codes at the time of your initial purchase in order for them to be
applied to your account.
f. Compatibility with the Protected.net 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. Protected.net 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 Services outside its control.
g. Maintenance of the Protected.net Group Software. From time to time, Protected.net Group may make improvements, upgrades or
modi cations to the Protected.net Group Software available to its customers. Please see Modi cation and Updates to the Services.
h. Technical
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provide as much information as we determine in our sole discretion our investigation into any issues or problems require. By utilizing our
Technical Support Services, you grant Protected.net Group permission to access your account and device, if necessary, to resolve your issue.
You agree and understand that in order to resolve an issue Protected.net Group may require access to license keys which you are solely
responsible for providing to us.
i. Ineligibility for Technical Support Services. Protected.net 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 Protected.net Group Software within the
systems requirements provided to you; (ii) any modi cation or attempted modi cation of the Protected.net Group Software by you or any
third party outside of Protected.net Group's control; or (iii) your failure or refusal to implement Protected.net Group changes recommended
by Protected.net Group.
j. Third party software components. Protected.net Group is in partnership with Avira Operations GmbH & Co. KG and leverages the SAVAPI
and MAVAPI SDK packages which delivers protection against Zero-day attacks, advanced persistent threats and unknown malware. Other
libraries used include Community.CsharpSqlite, DotNetZip, Hardcodet.Wpf.TaskbarNoti cation, HtmlAgilityPack, Ionic.Zip, lbt.Ortc.Api,
LinqBridge, Mindscape.Raygun4Net, Newtonsoft.Json, SAVAPI, ShellBrowser, Utiliizr.WPF, Utilizr.Net3, Utilizr.VPN, Utilzr.OpenVPN,

WebSocket4Net.
k. Data Breach Search. Protected.net Group uses a third-party service provider to conduct this search. 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. Protected.net Group is not responsible for the accuracy or completeness of the results of any such search, nor
are we af liated with any website or brand that is listed.
Whilst the Protected.net 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
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l. Share A License. Protected.net Group provides premium subscribers the ability to share their licenses with their family & friends.
Parent Account The Parent account has the ability to invite and revoke licenses within their control panel, once a license is redeemed the
Child account will be allocated the same services available on the Parent account.
In the event that the Parent account is suspended or terminated, the Child account's access will be revoked 24 hours after the event. By
utilizing this feature, you agree and provide consent for us to discuss your account status and details will linked Child accounts.
Child Account A Child account is activated after the invitee redeems the license and logs into one of the antivirus applications (Window,
Mac, Android or iOS). Child accounts do not have a direct billing relationship with Protected.net Group, as such, the Parent account is solely
responsible for the account status. Additional services and licenses are not available to Child accounts, should you wish to gain additional
access the Child account can be unlinked and reactivated in it's own right.
By redeeming a Child license, you agree and provide consent for us to discuss your account and it's details with the Parent account holder.
Protected.net Group reserves the right to terminate Child account access providing at least 72 hours notice to both the Parent and Child
account involved.
4. Modi cation and Updates of the Services
a. Protected.net 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 re ect 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.
b. If Protected.net Group modi es 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. In accordance with our Cancellation and Termination provisions, you will
receive a pro rata refund for any fees paid in advance for full months of Services not yet rendered where such change adversely affects your
use of the Services during the then current Term as de ned in paragraph 5a (Initial Term and Automatic Renewal). This does not affect your
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5. Term and Automatic Renewal
For all monthly subscription plans, please see paragraph b. For all other service plans, please see paragraph a.
a. 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 summarised for you in the Renewal Notice (described below). If you do not want
your term to renew, you must cancel before the end of the Initial Term or any Renewal Term or else your credit card 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, approximately thirty (30) days prior to your card being charged which, as described in
Pricing, Billing and Payment, will be charged at the end of the then current Term. Protected.net Group reserve the right to pre-renew 12
months subscriptions up to 30 days prior to the anniversary date to avoid a lapse in service, which will be noti ed within the Renewal Notice.
The Renewal Notice will be sent to the email address you have registered for your Protected.net 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 Protected.net Group
holds for you are current at all times.
b. Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
c. Discount Promotions. If you receive a discount promotion on your Initial Term or rst 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 Protected.net Group to
automatically charge the applicable fee to your credit card in accordance with paragraph 6c (Pricing, Billing and Payment).
d. Exceptions to Automatic Renewal. If you are in dispute with Protected.net 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
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6. Pricing, Billing and Payment
a. Pricing. We offer great service plans and a range of additional services to meet everyone’s needs. Details of our current service plans, and
additional devices, are listed on Our Services & Prices page. If you have claimed an introductory or special offer on your initial term, your
Services will automatically renew at the then current non-discounted price listed on our pricing page.
b. 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 Protected.net Group are billed on a monthly basis,
you will be billed in full month increments.
c. Payments. You agree to pay Protected.net 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 payments 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 Protected.net 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. All charges will be taken on the
date of renewal; for example, for monthly subscription plans, your credit card will be charged at the end of your monthly cycle for these
Services. If the credit card on le with Protected.net Group has expired or does not permit automatic renewals, you must contact
Protected.net 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 Protected.net Group. You are responsible for ensuring that your billing
information with Protected.net Group is accurate.
d. Currency. Protected.net 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. 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. Protected.net Group is not liable for any discrepancies or shortfalls in these amounts as a
result of a change in the exchange rate.

e. VAT. VAT (Value Added Tax) is a tax on consumer pending within the territory of an European Member (E.U.) State. VAT is included in all GBP
and Euro prices displayed on the Protected.net Group site.
f. 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. In particular, please always contact
Protected.net Group before attempting a chargeback.
7. Loyalty Rewards
Protected.net Group Limited is in partnership with Tango Card Inc. to offer its users eGift card vouchers for successfully completing qualifying
transactions.
a. Qualifying transactions are clearly displayed, and con rmation is shown once you have opted into the scheme. The status of the loyalty
reward will be shown within the user's control panel which provides the ability to monitor its status.
b. Protected.net Group Limited reserve the right to void or decline a reward if the qualifying transaction is refunded, partially refunded or if the
subscription is fully canceled within 60 days of the successful qualifying transaction.
c. A cancellation fee equal to the eGift card value will be applied and deducted from the pro-rata balance should a refund or partial refund
takes place after the eGift card has been awarded.
d. Once the eGift card voucher code has been issued, Protected.net Group Limited cannot be held responsible for the validity of the voucher,
and are unable reimburse or exchange once issued.
8. Cancellation, Termination and Refunds
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1. You may choose to terminate immediately or choose to not renew at the end of your term.
2. You can cancel the Services for any reason within thirty (30) days even if you have started to download the Software. If you do choose
to cancel your account within thirty (30) days of registering for or renewing your Services and additional services, you will receive a
full refund of the payment made.
3. To request a Refund, please contact our billing department at billing@TotalAV.com.
4. 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.
b. Termination by Protected.net Group. Protected.net Group may suspend or terminate your Services if Protected.net Group reasonably
believes that (i) you are in breach of the Protected.net Group License and Use of the Services, Prohibited Persons and Intellectual Property
sections 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. Such termination may be immediate and without notice. You are not eligible for a
refund of any amounts paid if Protected.net Group terminates your account in accordance with this paragraph b.
c. Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and
(ii) you will not have access any of our applications.
9. Use of your Personal Information
a. Collection and Use of Personal Information. Protected.net Group will collect, use and transfer your personal information in accordance with
the terms of our Privacy Policy, which is incorporated herein by reference.
10. Intellectual Property

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All trademarks, service marks or other similar items utilized byCookie Policy.are the property
the Services  of their respective owners, including, without
limitation, Protected.net Group Limited trading as TotalAV. The ownership of all intellectual property rights relating to the Services shall remain
with Protected.net Group Limited trading TotalAV and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner
with Protected.net Group’s or its licensor's intellectual property rights.
11. Limited Warranty
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW,
Protected.net Group AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR
THE SERVICES PROVIDED HEREUNDER.
12. Disclaimer & INDEMNITY
a. 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 Protected.net 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 Protected.net Group controlled
equipment.
b. You agree to indemnify, defend and hold harmless (i) Protected.net Group, our of cers, directors, employees, agents, licensors, suppliers and
(ii) any third party providers of information or services to us and each of their respective employees, agents, subcontractors, af liates 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 and License Agreement 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 indemni ed 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.
c. You agree to indemnify, defend and hold harmless (i) Protected.net Group, our of cers, directors, employees, agents, licensors, suppliers and
(ii) any
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violation of any applicable laws, rules or regulations. In the event that any Indemnitee (including without limitation CSIdentity® Corporation)
is subject to any claim for which such entities have the right to be indemni ed 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.
13. Limitation of Liability
a. PROTECTED.NET 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 PROTECTED.NET GROUP’S FAILURE TO PROVIDE THE SERVICES USING
REASONABLE SKILL AND CARE. IN ALL OTHER CIRCUMSTANCES, PROTECTED.NET GROUP OR ITS 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 PRIVACY POLICY, AND PROTECTED.NET 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).
b. Protected.net 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 Protected.net Group Software).
c. The terms of this paragraph shall survive any termination of this Agreement.
14. Assignment and Delegation by Protected.net Group
Protected.net 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. Protected.net 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 16, you should
discontinue your use of the Services and cancel your account.
15. Assignment and Delegation by You
You 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 by the Protected.net Group sign-up process. If you wish to transfer your rights to a third party, please
contact us.
16. Assignment and Delegation by You
Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your
Protected.net Group account. It is your responsibility to ensure that the personal details Protected.net Group holds for you are current at all times.
17. Entire Agreement
This Agreement (including the items incorporated by reference and modi cations that may be made from time to time by Protected.net Group),
constitute the entire agreement between Protected.net Group and you regarding the Services, and supersedes all prior agreements between you
and Protected.net Group regarding the subject matters hereof. Any item or service furnished by Protected.net Group in furtherance of the Services
shall be covered by this Agreement unless otherwise explicitly provided. Should there be any con ict 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.
18. Severability
This 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.
19. No Waiver
Protected.net Group reserves its right to take all legal steps available to enforce this Agreement. Protected.net Group’s failure to exercise any right
or remedy hereunder shall not operate as a present or future waiver of such provision or of Protected.net Group’s rights to enforce such right or
remedy in the future. No waiver of any provisions of this or any other Agreement with Protected.net Group shall be effective unless expressly
stated in writing and signed by both parties.
20. Third Party Rights
This 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.
21. Protected.net Group Contact information
If you have any questions or comments, please contact us at support@TotalAV.com or postal mail to:
Protected.net Group Limited trading as Protected (TotalAV),
Larch House,
Parklands Business Park,
Denmead,
Hampshire,
PO7 6XP,
United Kingdom
United States - 833 201 8681

United Kingdom - 0808 169 7741
Europe - +44 808 169 7741
Australia - 1800 952 291

Canada - 833 201 8681
International - (001) 833 201 8681
Protected.net Group Limited trading as Protected. Company Number 10161957
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3/27/2020 Terms of Service - TotalAV.

Terms of Service & EULA

cases, those additional terms also apply in addition to this Agreement.

Governing Law and Arbitration for users in the United States

1. Eligibility, Registration and Account Security

3. Protected.net Group License and Use of the Services

Protected.net Group Software.

Internet, or communications networks necessary to use Services outside its control.

responsible for providing to us.

LinqBridge, Mindscape.Raygun4Net, Newtonsoft.Json, SAVAPI, ShellBrowser, Utiliizr.WPF, Utilizr.Net3, Utilizr.VPN, Utilzr.OpenVPN,

are we af liated with any website or brand that is listed.

4. Modi cation and Updates of the Services

5. Term and Automatic Renewal

result of a change in the exchange rate.

subscription is fully canceled within 60 days of the successful qualifying transaction.

takes place after the eGift card has been awarded.

8. Cancellation, Termination and Refunds

full refund of the payment made.

3. To request a Refund, please contact our billing department at billing@TotalAV.com.

9. Use of your Personal Information

the terms of our Privacy Policy, which is incorporated herein by reference.

10. Intellectual Property

with Protected.net Group’s or its licensor's intellectual property rights.

11. Limited Warranty

12. Disclaimer & INDEMNITY

13. Limitation of Liability

14. Assignment and Delegation by Protected.net Group

15. Assignment and Delegation by You

16. Assignment and Delegation by You

17. Entire Agreement

20. Third Party Rights

any term of this Agreement.

21. Protected.net Group Contact information

Protected.net Group Limited trading as Protected (TotalAV),

United States - 833 201 8681

Europe - +44 808 169 7741

Australia - 1800 952 291

International - (001) 833 201 8681

Protected.net Group Limited trading as Protected. Company Number 10161957

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