EULA

 

Effective Date: 12 August 2025.

This End User License Agreement (the “Agreement”) is entered into by and between GotYourBack Technologies Ltd., with its principal office at Ifigeneias 14, 3036 Limassol, Cyprus (“GotYourBack,” “Company,” “we,” “us,” or “our”) and you, either an individual or a legal entity (“Customer,” “you,” or “your”).

1. DEFINITIONS

 

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

“Agreement” means this End User License Agreement and any amendments or modifications made in accordance with the terms herein.

“Customer” means the individual or legal entity that purchases and receives the Services provided by GotYourBack.

“Customer Materials” means all information, data, and content provided by Customer to GotYourBack in connection with the Services.

“Customer Systems” means the computers, mobile devices, and other technology assets owned by Customer to which GotYourBack may require access.

“GotYourBack Materials” means all software, tools, documentation, and other materials owned or licensed by GotYourBack used to provide the Services.

“Premium Assistance”, “GotYourBack Support,” or Remote Assistance (RA)” means the remote technical support services provided by GotYourBack as described in this Agreement.

 means the remote technical support services provided by GotYourBack as described in this Agreement.

“Security Service” means the remote online privacy and security setup service provided by GotYourBack, including VPN access and personalized guidance to help keep data and activities private and secure.

“Remote Access Software” means third-party software such as LogMeIn® or TeamViewer used by GotYourBack to remotely access Customer Systems.

“Services” means the technical support and maintenance services provided by GotYourBack to the Customer.

“Support Agent” means a GotYourBack employee or contractor who provides technical support services to Customer.

2. SERVICES DESCRIPTION

 

THIS AGREEMENT IS A BINDING CONTRACT BETWEEN CUSTOMER AND GotYourBack.  BY USING THE SERVICES, SELECTING A SUBSCRIPTION PLAN OR OTHERWISE SUBSCRIBING TO OR CONTRACTING FOR THE SERVICES, OR AUTHORIZING OR PERMITTING ANY AGENTS OR END-USERS TO ACCESS OR USE THE SERVICES, CUSTOMER IS LEGALLY BOUND TO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT THIS ELECTRONIC AGREEMENT WILL HAVE THE SAME LEGAL FORCE AND EFFECT AS IF IT WERE IN PAPER FORM WITH CUSTOMER’S WRITTEN SIGNATURE.

 

If you are an individual entering into this Agreement in your individual capacity, you represent to GotYourBack that you are at least 18 years old and have the legal capacity to be bound by this Agreement; if you are an individual entering into this Agreement on behalf of a company, organization, or other legal entity, you represent to GotYourBack that you have the authority to bind such entity to this Agreement.  If the foregoing (as applicable) is not true, or if Customer does not agree with the terms and conditions in this Agreement, Customer must not use nor authorize any use of the Services.

 

Upon purchase of our Services, Customer shall be eligible for live specialist support for computer and mobile device problems, available according to the purchased subscription plan. Our Services may include:

 

• Operating System Installation and Troubleshooting (Windows/macOS)
• Data Transfer and Management
• System Updates and Maintenance
• Account Management
• Security and Privacy Protection
• Network Connection Troubleshooting
• Boot Issues Troubleshooting
• Hardware Setup and Troubleshooting
• Application-Related Issue Resolution
• Browser Optimization
• Technical Consultation and Coaching

 

As part of the Premium Assistance service, GotYourBack Support may use self-developed and third-party software to help deliver support. This includes tools like YourTechPal, which may be installed on your device to help our support agents communicate with you in real time and check your system for computer issues. YourTechPal collects basic information about your device’s setup and performance to help us diagnose problems and provide faster, more effective support. By using the Premium Assistance service, you agree to the use of these tools. To learn more about what data YourTechPal collects and why, please read our Privacy Policy.

 

2.1 Service Limitations

We cannot resolve issues that fall beyond the scope of our responsibility, including:

• Detailed product support for third-party software applications outside of Microsoft Windows, macOS, or supported versions of Android and iOS
• Hardware failures
• Issues originating from application vendors
• Internet service provider issues
• Other issues outside our control or expertise

 

2.2 Service Delivery Methods

Our Services are delivered through:

• Telephone support
• SMS
• Video conferencing
• Live chat consultations
• Remote access sessions
• Email communications
• App notifications

 

2.3 Agent Verification System

For your security, we provide a verification system that allows you to confirm the identity of our support agents before sharing information or granting remote access. We strongly encourage you to use this verification feature before proceeding with any support session.

3. SUBSCRIPTION PLANS

 

The following Premium Assistance and Security Service subscription plans (“Subscription Plans”) are offered by GotYourBack to provide technical support, maintenance, and security services for customer devices. Each Subscription Plan specifies the scope of coverage, maintenance schedules, device limits, and any additional features or optional upgrades available. All Subscription Plans are subject to the terms and conditions set forth in this Agreement, including automatic renewal provisions where applicable. Customers are responsible for selecting the Subscription Plan that best meets their needs and acknowledge that plan details, availability, and pricing may be modified by GotYourBack from time to time in compliance with applicable law.

Discounts. GotYourBack may offer discounts to customers through various channels, including but not limited to Remote Assistance Representatives, email communications, seasonal coupons, promotional campaigns, holiday sales, and other marketing initiatives. Any such discounts are granted at GotYourBack’s sole discretion and are subject to terms and conditions as specified at the time of the offer. Acceptance of a discount does not alter or waive any other terms of the Agreement unless explicitly stated in writing.

 

3.1 Premium Assistance Plans

Premium Assistance Plans provide technical support and troubleshooting for computers, mobile devices (such as tablets and smartphones), and supported peripherals. The service is available 24/7 and includes regular scheduled maintenance sessions to ensure optimal device performance and reliability throughout the subscription term.

 

3.1.1 Plan Types and Payment Terms

Plans may vary in duration and device coverage, as well as payment terms, which may include:

• One-time services without automatic renewal and no recurring charges.
• Monthly plans with a monthly maintenance fee that automatically renews until canceled.
• Prepaid term plans with full payment due upfront for the subscription period, renewing automatically at the end of the term unless otherwise specified.

Combinations of the above mechanisms, possibly including additional benefits such as complementary service extension periods.

Specific terms and available plans may change over time as new plans are introduced or existing plans are modified or discontinued, without requiring updates to this Policy.

 

3.2 Security Service Plans

Security Service Plans provide comprehensive security setup and ongoing support for customer devices throughout the subscription term. These plans include 24/7 availability of support services, scheduled security reviews, and continuous security monitoring to ensure the protection and integrity of devices covered under the Agreement. Supported devices include an unlimited number of phones and tablets (iOS and Android), as well as Windows computers, as specified by individual plan terms.

 

3.2.1 Plan Duration, Coverage & Payment Terms

Security Service Plans are offered in varying durations and device coverage levels. Payment and renewal terms may include:

• One-Time Security Service: A single full security setup and support period, without automatic renewal or recurring fees.
• Monthly Plans: Plans are billed monthly via a maintenance fee that automatically renews unless the subscriber cancels it.
• Term Plans: Plans prepaid for a fixed subscription period (e.g., 3, 12, 24, or 36 months), which automatically renew at full price upon expiration unless otherwise specified.

VPN Option

An optional VPN service (MaxiVPN) may be offered with Security Service Plans. Depending on the plan version, this VPN setup may be either included by default or offered as an optional add-on for an additional cost.

 

3.3 Automatic Renewal and Cancellation

Plans with recurring payments automatically renew according to their payment terms. Subscribers may cancel their subscription at any time to avoid further renewal charges.

4. AUTHORIZATION AND CONSENT

 

4.1 Authorization for Remote Access

By purchasing our Services, you expressly authorize GotYourBack to access and control your computer and/or mobile device via remote access software for diagnosis, service, and repair purposes. This authorization includes:

• Remote connection to your devices
• Installation of necessary diagnostic and support software
• Viewing and modifying system settings and configurations
• Taking control of your mouse and keyboard for troubleshooting
• Creation and deletion of files and folders as necessary for service delivery

You must provide explicit consent and follow the agent’s instructions to initiate any remote support session.

 

4.2 Consent to Recording

You acknowledge and agree that all support calls, video sessions, and remote access sessions may be recorded for quality assurance, training, and security purposes. These recordings are retained for a period of 2 years, after which GotYourBack no longer maintains access to them. Recordings may include:

• Audio recordings of telephone conversations
• Video recordings of video sessions
• Screen captures during remote support
• Chat correspondence
• Technical diagnostics and system information

You agree that call recording is necessary for service quality maintenance and that you will not opt out of call recording while this Agreement is in effect.

 

4.3 Communications Consent

By providing your telephone number, email address, or other contact information, you consent to receive communications from GotYourBack regarding the Services, including:

• Service updates and notifications
• Appointment reminders
• Support follow-ups
• Subscription renewal notices
• Feedback surveys
• Service reminders
• Personalized greetings
• Company updates newsletters
• Special offers and promotions
• Marketing communications related to our services

You may opt out of marketing communications at any time while continuing to receive essential service-related communications.

5. THIRD-PARTY SOFTWARE AND SERVICES

 

5.1 Remote Access Software

GotYourBack utilizes industry-standard third-party remote access solutions such as LogMeIn® and TeamViewer to provide the Services. By accepting this Agreement, you automatically agree to the Terms and Conditions and Privacy Policies of these third-party software providers:

• LogMeIn® Terms & Conditions: https://secure.logmein.com/policies/terEnd User License Agreementndconditions.aspx
• LogMeIn® Privacy Policy: https://secure.logmein.com/policies/privacy.aspx
• LiveChat Terms & Conditions: https://www.livechat.com/legal/terms-and-conditions/
• LiveChat Privacy Policy: https://www.livechat.com/legal/privacy-policy/
• TeamViewer Privacy Policy: https://www.teamviewer.com/en/legal/privacy-and-cookies/
• TeamViewer End User Agreement: https://www.teamviewer.com/en/legal/eula/

You are not required to separately confirm acceptance of these third-party terms.

 

5.2 Payment Processing

GotYourBack utilizes FastSpring®, Upclick, and Stripe for payment processing. By purchasing the Services, you agree to FastSpring’s, Upclick’s, and Stripe’s Privacy Policies and Terms of Service:

• FastSpring® Privacy Policy: https://fastspring.com/privacy
• FastSpring® Terms of Service: https://fastspring.com/legal/ 
• Upclick Privacy Policy: https://www.upclick.com/privacy.html
• Upclick Terms of Use: https://www.upclick.com/terms.html
• Stripe Privacy Policy: https://stripe.com/privacy
• Stripe Terms of Service: https://stripe.com/legal/consumer

 

6. DATA COLLECTION AND RETENTION

 

6.1 Customer Support Data

When providing technical support, we collect the following data:

• Audio and/or video recording of calls/sessions
• Static images of your screen captured during sessions
• Chat correspondence
• Telephone number
• Personal email
• Full name
• Mailing address
• System passwords (for remote access purposes only)
• Information about your device, services, and software

 

6.2 Data Retention

• Customer profile data is retained for at least the duration of your active service
• Call and session recordings are retained for 2 years
• Interaction records are backed up monthly
• Daily backups are validated daily and retained for one week
• Service-specific backups are retained for 2 weeks
• Cold copies of data are stored on Amazon servers

 

6.3 Data Security

We implement the following security measures to protect your data:

• HTTPS encryption for all website connections;
• DDoS protection at the hosting level;
• Daily data backups with validation;
• Servers located in Germany and Finland;

You could find more info in our Privacy Policy.

7. CUSTOMER RESPONSIBILITIES

 

7.1 Data Backup

Prior to receiving our Services, it is your responsibility to:

• Back up all data, software, and information stored on your devices
• Remove all removable media (disks, USB drives, etc.) from your products
• Secure sensitive or confidential information

We are not responsible for any loss, alteration, or corruption of data, regardless of whether you request backup services.

 

7.2 System Requirements

7.2.1 Premium Assistance 

To receive proper servicing, your devices must meet these minimum technical requirements:

Windows-based computers:

• Windows 10 or later
• 4GB RAM (limited optimization), 8GB RAM recommended
• Dual-Core processors
• Valid Windows license

MAC-based computers:

• macOS 10.10 or later
• 4GB RAM (limited optimization), 8GB RAM recommended

iOS-based devices:

• Support iOS 17.0 or later
• iPhone XS or later
• Support iPadOS 16.0 or later
• iPad 5th gen or later
• Cable for device (if required)
• Original Install disc (if required, e.g., driver’s software)

Android-based devices:

• Android 10 or later
• cable for device (if required)
• Original Install disc (if required, e.g., driver’s software)

Hardware setup requirements:

• Necessary cables and connectors
• Original installation media, if required

 

7.2.2 Security Service

To receive proper servicing, your devices must meet these minimum technical requirements:

Technical assistance with Windows-based computers:

• Windows 10 or later
• 2GB RAM (limited optimization*), 4GB RAM or higher – recommended
• At least a dual-core processor
• Activated Window license

Technical assistance for iOS-based devices:

• Support iOS 17.0 or later
• iPhone XS or later
• Support iPadOS 16.0 or later
• iPad 5th gen or later
• Cable for device (if required)
• Original Install disc (if required, e.g., driver’s software)

Technical assistance for Android-based devices:

• Android 10 or later
• Cable for device (if required)
• Original Install disc (if required, e.g., driver’s software)

Security Service Limitations: Mac computers are not covered under the Security Service.

 

7.3 Appropriate Conduct

You agree to interact with our support agents in a respectful and appropriate manner. We reserve the right to terminate support sessions if you engage in abusive, threatening, or inappropriate behavior.

If a support agent needs to terminate a session due to inappropriate behavior, the agent will:

• Inform you that your behavior is inappropriate
• Advise that continued behavior will result in session termination
• If behavior continues, state: “Sir/Ma’am, considering the fact that you are acting aggressively/rudely/in a provocative manner, and the purpose of your call is not software activation/getting the service, I have the right to end our conversation and hang up. Sorry for the inconvenience, have a good day.”
• Report the incident to a Quality Assurance manager

8. SUBSCRIPTION PAYMENTS AND BILLING

 

8.1 Automatic Renewals

Subscriptions are available on an automatically renewing basis and entail payment of a full-price rebilling model. For this Agreement, “full-price” means that the renewal will be billed for the entire subscription period’s standard rate in a single payment. Customer’s subscription will commence upon customer’s selection of an applicable subscription plan and will continue for the period of the initial subscription period specified in that subscription plan (the “Initial Term”), unless cancelled earlier in accordance with this Agreement. If the subscription is not cancelled at the expiration of the Initial Term, then the subscription will automatically renew for successive terms, each the length of the Initial Term (each, a “Renewal Term”) unless and until customer cancels the applicable subscription in accordance with the cancellation procedures identified in Section 8.6 (including the applicable notice period specified in Section 8.6). The Initial Term or the applicable Renewal Term (as applicable) is referred to herein as a “Subscription Term”; the time period spanning the Initial Term together with any and all Renewal Terms (i.e., all the Subscription Terms) is referred to herein as the “Term.”

*Transition period. Existing customers who purchased the subscription plans before the effective date will continue to be rebilled monthly under the prior renewal model for the transition period until further notice.

 

8.2 Automatic Billing and Authorization

When Customer enrolls in a Subscription, Customer expressly acknowledges and agrees that: (a) each of GotYourBack, FastSpring, Upclick and Stripe (the “Payment Processors”) is authorized to charge Customer, at the beginning of each Subscription Term, the Subscription Fees for such Subscription, any applicable taxes, and any other charges Customer may incur in connection with such Subscription, subject to adjustment in accordance with this Agreement; and (b) Customer’s Subscription is continuous until the earlier of: (i) Customer’s cancellation of such Subscription (including the applicable notice period specified in Section 8.5) and (ii) the termination of Customer’s access to such Subscription or to the Services in accordance with this Agreement. Customer understands and acknowledges that the amounts billed may vary due to changes to the Subscription Fees in accordance with the Subscription Plan and/or changes in applicable taxes, and Customer authorizes each of GotYourBack and Payment Processor to charge Customer’s Payment Method the changed amounts.

 

8.3 Fee Increases

GotYourBack reserves the right to increase Subscription Fees following the Initial Term, for any Renewal Term, on at least 30 days’ prior notice. If Customer objects to the fee increase, Customer may cancel the applicable Subscription in accordance with the cancellation procedures identified in Section 8.6 before the first Renewal Term to which the fee increase applies. If Customer does not exercise its right of cancellation during such period, Customer will be deemed to have accepted the increased fees.

 

8.4 Subscription Plan Upgrades and Downgrades

If the Customer subscribes to an upgraded plan during a Subscription Term, any incremental increases to the Subscription Fees associated with such upgraded plan will be charged for the remainder of the then-current Subscription Term. Customer may not downgrade its Subscription Plan during any Subscription Term. If Customer desires to downgrade its Subscription Plan for a subsequent Subscription Term, Customer must provide GotYourBack with written notice no less than:

• 7 days prior to the end of the then-current Subscription Term if such Subscription Term is monthly;
• 14 days prior to the end of the then-current Subscription Term if such Subscription Term is quarterly or semi-annually; or
• 30 days prior to the end of the then-current Subscription Term if such Subscription Term is annual or longer.

Such notice must be provided by contacting our billing department by email at billing@gotyourbacksupport.com or via LiveChat. Customer must take such actions as required by GotYourBack to accommodate the downgrade of the Subscription Plan prior to the beginning of the upcoming Subscription Term. To the extent permitted by applicable law, GotYourBack is not responsible for any loss of data, content, features, or capacity of the Services after any such downgrade.

 

8.5 Upsell of Company-Designed and Third-Party Products and Services

GotYourBack may, at its discretion, offer customers additional products or services, including those designed and provided by GotYourBack itself, as well as products or services offered by third-party providers (“Upsell Products”). Such Upsell Products may be presented during customer interactions or as part of marketing efforts. Acceptance and purchase of any Upsell Products are subject to separate terms and conditions and are not included as part of any Subscription Plan fees unless explicitly stated. GotYourBack makes no guarantees regarding the availability, quality, or performance of third-party Upsell Products.

 

8.6 Cancellation Procedures

To cancel any subscription, the Customer may contact our Billing Department by email at @billing@gotyourbacksupport.com, via LiveChat on our website, or through their personal account portal.

Customer’s Subscription will continue through the end of the then-current Subscription Term. CUSTOMER UNDERSTANDS THAT, UNLESS AND UNTIL CUSTOMER NOTIFIES US OF CUSTOMER’S INTENT TO CANCEL, CUSTOMER’S SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEES WILL AUTOMATICALLY RENEW, AND CUSTOMER AUTHORIZES EACH OF GOTYOURBACK AND PAYMENT PROCESSOR (WITHOUT NOTICE TO CUSTOMER, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE CUSTOMER THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY OF CUSTOMER’S PAYMENT METHODS, FOR EACH SUBSCRIPTION TERM.

 

8.7 Cancellation. Refunds

Customer may deactivate Customer’s use of the Services at any time or elect not to use the Services during the Term (or any portion thereof), and we may, subject to the terms hereof, with or without prior notice, cancel, suspend, or terminate Customer’s Subscription, permanently terminate or temporarily suspend Customer’s access to the Services, or stop providing the Services (or any portion thereof) without liability, at any time, in our sole discretion, for any or no reason, including if, in our sole determination, Customer violates any provision of this Agreement.

CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT, UNLESS REQUIRED BY APPLICABLE LAW OR OTHERWISE SPECIFIED IN THE REFUND POLICY IN SECTION 9, CUSTOMER WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY SUCH DEACTIVATION, CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED TIME ON CUSTOMER’S SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH CUSTOMER’S SUBSCRIPTION, ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICES, ANY CONTENT OR DATA ASSOCIATED WITH CUSTOMER’S SERVICES, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE DISCRETION.

 

8.8 Free Trials and Promotions

We may, at our sole option and in our sole discretion, offer free trials or promotional discounts to particular portions of the Services, subject to the terms of the offer. If Customer is signed up to such a free trial or promotion, we or Payment Processor will automatically, with or without notice to Customer, bill Customer’s Payment Method:

• On the day that follows the last day of such free trial or promotion (which day will be the first day of the first Subscription Term), unless Customer cancels the free trial or promotion by 11:59 PM Eastern Time on the last day of the free trial or promotional period; and
• On the first day of each subsequent Subscription Term, subject to the terms of this Agreement.

Free trials and promotions are provided at GotYourBack’s discretion and may be revoked if we determine that the Customer is not eligible for the offer or has violated any terms associated with the offer.

 

8.9 Payment Methods and Processing

Customer must provide a valid payment method to pay for Subscription Fees. Acceptable payment methods may include major credit cards, debit cards, or other payment methods specified during the checkout process. Customer represents and warrants that:

• Customer is authorized to use any payment method provided
• Any payment information provided is true and accurate; and
• Customer will promptly update payment information if it changes.

If Customer fails to provide valid payment information or if charges to Customer’s payment method are declined or not completed for any reason, GotYourBack reserves the right to suspend or terminate Customer’s access to the Services until valid payment information is provided. Customer is responsible for any fees or charges imposed by Customer’s payment provider or financial institution in connection with Customer’s payment of Subscription Fees.

 

8.10 Taxes

All Subscription Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on GotYourBack’s income.

9. REFUND POLICY

 

9.1 Refund Eligibility

You may be eligible for a refund under the following conditions:

• Full refund within 14 days of purchase (contract revocation period)
• Partial refund after 14 days but within 6 months of purchase, calculated as the subscription
• Plan price minus the price of a one-time fix ($149)
• For multiple fixes, an additional $99 will be deducted for each fix beyond the first
• For “One Time Fix” orders, a 14-day money-back guarantee from the first incident
• No refunds after 6 months of service use
• No refunds after 10 service uses within 6 months
• Refund requests must be made during the active subscription period

9.2 Refund Process

To request a refund, you must:

• First inform our Premium Assistance department of any issues with the service
• Submit a refund request to billing@gotyourbacksupport.com or contact our billing team via  LiveChat
• Allow 1-5 days for processing of the refund request
• Allow 5-7 days for the bank to process approved refunds

Processing fees are non-refundable, even when a refund is approved. Once a refund is processed, your access to the Services will be terminated, and further use of the Services will be unauthorized.

10. SERVICE LIMITATIONS AND REFUSAL

 

10.1 Service Availability

GotYourBack shall not be liable for any failure or delay in performance due to causes beyond our reasonable control.

 

10.2 Right to Refuse Service

We reserve the right to refuse service, terminate sessions, or suspend accounts in cases of:

• Aggressive, abusive, or inappropriate behavior
• Suspected fraudulent activity
• Requests for assistance with illegal activities
• Technical requirements beyond the scope of our Services
• Violation of this Agreement

 

11. WARRANTY DISCLAIMER

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GOTYOURBACK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD.

12. LIMITATION OF LIABILITY

 

12.1 Exclusion of Damages

IN NO EVENT SHALL GOTYOURBACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GOTYOURBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.

 

12.2 Data Loss

GOTYOURBACK SHALL NOT BE RESPONSIBLE FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES. IT IS YOUR RESPONSIBILITY TO BACK UP THE SOFTWARE AND DATA STORED ON YOUR SYSTEMS.

 

12.3 Service Interruption

GOTYOURBACK SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR INTERRUPTION OF THE FIXING PROCESS (E.G., TURNING OFF THE COMPUTER DURING A FIXING SESSION) OR PHYSICAL BREACH OF THE DEVICE DURING A FIXING SESSION.

 

12.4 Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY, GOTYOURBACK’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE SUMS PAID BY YOU TO GOTYOURBACK UNDER THIS AGREEMENT DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.

13. TERM AND TERMINATION

 

13.1 Term

This Agreement commences on the date you purchase the Services and continues until terminated by this Agreement.

 

13.2 Termination by Customer

You may terminate this Agreement at any time by canceling your subscription through our billing department. Upon termination, you will continue to have access to the Services until the end of the current billing period, but no refunds will be provided for the current period except as specified in Section 9.

 

13.3 Termination by GotYourBack

GotYourBack may terminate this Agreement immediately upon written notice if:

• You breach any provision of this Agreement
• You fail to pay any fees when due
• You engage in abusive behavior toward our support agents
• You use the Services for unlawful purposes
• GotYourBack ceases to offer the Services

 

14. INTELLECTUAL PROPERTY

 

14.1 Ownership

All GotYourBack Materials, including software, tools, methodologies, documentation, and know-how used in providing the Services, remain the exclusive property of GotYourBack or its licensors.

 

14.2 Limited License

GotYourBack grants you a limited, non-exclusive, non-transferable license to use any software, documentation, or other materials provided by GotYourBack solely to receive the Services during the term of this Agreement.

 

14.3 Restrictions

You may not:

• Reverse engineer, decompile, or disassemble any software provided by GotYourBack
• Remove any copyright or proprietary notices from GotYourBack Materials
• Distribute, sublicense, lease, rent, sell, or transfer any GotYourBack Materials
• Use GotYourBack Materials for any purpose other than receiving the Services
• Create derivative works based on GotYourBack Materials

 

15. GENERAL PROVISIONS

 

15.1 Governing Law

This Agreement shall be governed by and construed by the laws of England and Wales, without regard to its conflict of law principles. This choice of law will not, however, deprive consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by the law of the country of their habitual residence.

 

15.2 Dispute Resolution

In the event of any disputes, differences, or controversies arising between the Parties in connection with this Agreement, the Parties shall first thoroughly explore all possibilities for amicable settlement. If an amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Dispute Resolution Procedures, as modified by the ICDR Online Protocol for Consumer Disputes then in effect. 

The language of the arbitral proceedings shall be English. The arbitration shall be conducted online unless circumstances require otherwise. The arbitral tribunal shall consist of a sole arbitrator. The arbitration award shall be final and binding on the Parties. Nothing in this section shall prevent either Party from seeking injunctive or other equitable relief from the courts for matters related to data protection, intellectual property, or unauthorized access to the Services. Customer acknowledges that this arbitration agreement constitutes a waiver of the right to a jury trial and participation in a class action lawsuit.

Collective Claims Prohibited. ANY CLAIMS BROUGHT BY A PARTY MUST BE BROUGHT IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS, OR COLLECTIVE PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.‍

 

15.3 Force Majeure

Neither party shall be in default of any obligation under this Agreement if the failure to perform is due to any event beyond that party’s control, including without limitation, significant failure of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

 

15.4 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

15.5 Entire Agreement

This Agreement constitutes the entire agreement between you and GotYourBack relating to the Services and supersedes all prior communications.

 

15.6 Modifications

GotYourBack may modify this Agreement at any time. Any modifications will be effective upon posting on GotYourBack’s website or direct notification to you. Your continued use of the Services after such modifications constitutes acceptance of the modified Agreement.

 

15.7 Contact Information

For questions about this Agreement or the Services, please contact:

GotYourBack Technologies Ltd. Ifigeneias 14, 3036 Limassol, Cyprus

Email: privacy@gotyourbacksupport.com