HomeTerms of Service

MacUpdate Terms of Service

24.07.2020

INTRODUCTION

MacUpdate is a service provided by Clario Tech Limited ("Clario", "we" or "us"). Clario is located at 7 Stratford Place, Marylebone, London, United Kingdom, W1C 1A. Your use of the MacUpdate website and MacUpdate Desktop (referred to as"MacUpdate") is governed solely by these Terms of Service (referred to as the "Terms" or "Agreement").

MacUpdate is a community-powered platform from which users can download software and / or applications for their Mac devices. Users can find new apps or update the app they already have on the MacUpdate website - macupdate.com or through the MacUpdate Desktop application.

By downloading, installing, or otherwise using all or any portion of the MacUpdate Desktop or MacUpdate, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, then do not use MacUpdate. Violation of any part of the Agreement will result in the termination of your account.

Applications made available through MacUpdate are licensed, not sold, to you. Your license for each application is subject to your acceptance of the end user license agreement between you and the application owner (referred to as "Provider”). Clario is not responsible for any application issues encountered through the MacUpdate Desktop or MacUpdate website.

YOUR USE OF MACUPDATE

Access to and Use of MacUpdate. You may use the MacUpdate website to browse, view, download, or purchase an application for your Mac devices ("Device"). You may download and install the MacUpdate Desktop application to automatically update any macOS-compatible software on your computer. To use MacUpdate, you will need a Device to meet the system and compatibility requirements for the relevant application alongside working internet access, and compatible software. The MacUpdate Desktop also offers users expanded services such as email notifications, watch lists, daily email newsletters, and the ability to rate and review software.

Age Restrictions. In order to use MacUpdate, you must have a valid account ("Account"). As an individual account holder, you must be at least 16 years old and of legal age to agree to these Terms, or have your parents’ permission to do so. All information you submit must also be accurate and truthful. If you are considered a minor in your country, you must have your parent or legal guardian's permission to use MacUpdate and to accept these Terms.

Updates. At times MacUpdate may need to be updated. For example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively known as "Updates"). Such Updates may be necessary for you to use MacUpdate effectively. By agreeing to these Terms and using MacUpdate, you agree to automatically receive such Updates. In case these Updates contain any paid offers, you will be notified about this via the software itself or website, and you will have the option to decline such offers.

Information about You. MacUpdate's Privacy Policy explains how we treat your personal data and protect your privacy when using MacUpdate.

Unauthorized Access to Accounts. You must keep your account details secure and not share this information with anyone else. You must not collect or harvest the personal data of any MacUpdate user, including account names.

Disabled Accounts. If MacUpdate disables access to your account in accordance with the Terms (for example, if you violate the Terms), you may be prevented from accessing MacUpdate Desktop and your account details.

Changes to these Terms. The company reserves the right at any time, and at its sole discretion, to modify and alter these Terms with or without prior notice to you. Your continued use of MacUpdate following such notice will indicate your acceptance of the new Terms. Please do not use MacUpdate if you do not agree with such changes. You may continue to view an application on your device in accordance with the latest version of the Terms you accepted.

REFUND POLICY

MacUpdate provides a partial refund for using MacUpdate Desktop, excluding the period passed since the purchase or last renewal of the subscription. If a refund is granted, you may no longer be able to access the MacUpdate Desktop. If you made a purchase from somewhere other than the macupdate.com website, please address your refund request to the third party where the application was obtained.

SUBSCRIPTIONS

MacUpdate offers a half-year subscription for USD 20. The respective subscription is applicable to MacUpdate Desktop usage only. The subscription is automatically charged each billing period (every half year), and you may be charged no more than 24 hours before the beginning of each billing period.

(a) Trials Periods. MacUpdate Desktop offers a 7-day free trial, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant subscription privileges unless otherwise specified.

(b) Cancellations. You may cancel your MacUpdate Desktop subscription at any time before the end of the applicable billing period. This cancellation will apply to the next period. Once you cancel your subscription, you may no longer be able to access the MacUpdate Desktop.

(d) Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, MacUpdate will notify you. The increase will apply to your next payment due after the notice, provided you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will apply from the payment after the next due payment. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the "Cancellations” section of these Terms. You will not be charged further, provided you have notified us before the end of the current billing period.

RIGHTS AND RESTRICTIONS

After completing a transaction or paying the fees for an application, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to access, view, and use the applicable applications on your Device for your personal, non-commercial use only. Your use of the applications will be governed by the additional conditions of the end user license agreement between you and the Provider.

Violation of these Terms. If you violate any of the Terms, your rights will immediately terminate. MacUpdate may terminate your access to MacUpdate account without any refund to you.

Restrictions:

You may not:

  • display (in part or in whole) the content as part of any public performance or display, even if no fee is charged. The only exceptions are (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
  • sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any applications to any third party including with regard to any downloads of applications obtained through MacUpdate except as specifically permitted and only in the exact manner provided.
  • use MacUpdate or any content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any content presented to you in a streaming format.
  • use content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
  • attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any applications or MacUpdate.
  • remove any watermarks, labels or other legal or proprietary notices included in any applications, or attempt to modify any applications obtained through MacUpdate, including any modification for the purpose of disguising or changing any indications of the ownership or source of application.

Third-Party Provisions. Notwithstanding anything contrary in these Terms, the third parties who license their content to MacUpdate are intended third party beneficiaries under these Terms, solely with respect to the specific provisions of these Terms directly concerning their applications ("Third-Party Provisions"). This is also solely for the purpose of enabling such third parties to enforce their rights in such applications. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision falling outside the Third-Party Provisions. This includes, but is not limited to, any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

FORCE MAJEURE

Clario shall not be in default of any obligation under the Terms, if the failure to perform the obligation is due to any event beyond Clario’s control. This includes without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, 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.

MISCELLANEOUS

Your delivery and payment conditions or any other general or special conditions shall not apply. These Terms make up the entire agreement between you and Clario relating to MacUpdate and supersede all prior oral or written communications and representation with respect to MacUpdate or any other subject matter covered by these Terms. If any of the provisions of this agreement are held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.

SEVERABILITY

If any part of these Terms is held invalid or unenforceable, the remaining provisions of these Terms shall be unimpaired and remain in full force and effect.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MACUPDATE IS AT YOUR SOLE RISK. MACUPDATE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CLARIO, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. CLARIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACUPDATE WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF MACUPDATE WILL BE CORRECTED. FURTHERMORE, CLARIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MACUPDATE IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. CLARIO DOES NOT GUARANTEE MACUPDATE WILL WORK CORRECTLY IF YOU TURN OFF AUTOMATIC UPDATES OF MACUPDATE, SPECIFIED IN THE SECTION “UPDATES” OF THIS AGREEMENT. CLARIO PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. CLARIO STRONGLY RECOMMENDS YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLARIO NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND/OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF MACUPDATE OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, CLARIO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

LIMITATION OF SUPPORT

MacUpdate will provide you with email support pertaining to your use of MacUpdate. This support will be limited to topics within the domain of basic usage of MacUpdate. MacUpdate is not required to offer you general advice on technologies underlying or related to MacUpdate. MacUpdate reserves the right to cease offering support of any kind pertaining to the usage of older releases of MacUpdate whenever a new release, whether free or paid, of MacUpdate becomes available. Any support for a specific application acquired through MacUpdate is provided separately in accordance with the policies of the Provider of the respective application.

INDEMNIFICATION

You agree to defend Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees), resulting from your breach or violation of these Terms, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacUpdate. Clario reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Clario upon its request.

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be interpreted and construed as if both parties jointly wrote it, and shall be governed by the laws of England and Wales.

Any dispute arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language used in any arbitral proceedings shall be English.

QUESTIONS

We are open to any questions, comments and suggestions on these Terms. Please address all enquiries to legal@weareclario.com.