SS Protect may modify this Agreement from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. SS Protect 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 modified 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 modifications, you must stop using the Services (see Cancellation and Termination).
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.
All fees and any applicable taxes will be processed on our behalf by our agent, SS Protect (U.S.) LLC, a Delaware corporation. This will not affect the prices described at Our Services & Prices and you will not incur additional costs.
If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by SS Protect, 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 modified 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 SS Protect 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, SS Protect will pay as much of your filing, 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 finds 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 SS Protect 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, SS Protect shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
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.
You and SS Protect 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.
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) via the EU Commission’s Online Dispute Resolution (ODR) Platform.
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.
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.
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 confidentiality of your username and password.
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. Office 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 SS Protect 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 SS Protect without the right to recover any of your data.
Scope of License. SS Protect grants you a personal, non-exclusive, non-transferable, limited and revocable license to install the SS Protect software necessary to use the Services (the “SS Protect 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 SS Protect 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 SS Protect Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the SS Protect Software. Your license to use the SS Protect 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.
Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the SS Protect Software. You may not rent, lease, lend or transfer the SS Protect Software, or host the SS Protect Software for third parties. The SS Protect Software is licensed as a single integral product and may not be separated for use on more than one computer. The SS Protect Software may include copy protection technology to prevent the unauthorized copying of the SS Protect Software or may require original media for use of the SS Protect Software on the computer. It is illegal to make unauthorized copies of the SS Protect Software or to circumvent any copy protection technology included in the SS Protect Software.
Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by SS Protect. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
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 SS Protect that expressly authorizes you to engage in this activity. You may ask SS Protect for permission to have business or reseller use and distribution of SS Protect Software by contacting us.
Trial Licenses. If you received a free trial or evaluation license, SS Protect 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.
Compatibility with the SS Protect 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. SS Protect 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.
Maintenance of the SS Protect Software. From time to time, SS Protect may make improvements, upgrades or modifications to the SS Protect Software available to its customers. Please see Modification and Updates to the Services.
Technical Support Services. Except as described otherwise in paragraph (j) below, SS Protect will provide 24/7 technical support via email and online chat for the current version of the SS Protect Software (“Technical Support Services”). You will be required to 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 SS Protect permission to access your account and device, if necessary, to resolve your issue. You agree and understand that in order to resolve an issue SS Protect may require access to license keys which you are solely responsible for providing to us.
Ineligibility for Technical Support Services. SS Protect 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 SS Protect Software within the systems requirements provided to you; (ii) any modification or attempted modification of the SS Protect Software by you or any third party outside of SS Protect's control; or (iii) your failure or refusal to implement SS Protect changes recommended by SS Protect.
SS Protect 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 reflect 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.
If SS Protect modifies 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 defined in paragraph 5a (Initial Term and Automatic Renewal). This does not affect your 30 day money-back guarantee and, therefore, if you cancel within 30 days of starting or renewing the Services, as a result of a change made by SS Protect, you will receive a full refund.
For all monthly subscription plans, please see paragraph b. For all other service plans, please see paragraph 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. The Renewal Notice will be sent to the email address you have registered for your SS Protect 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 SS Protect holds for you are current at all times.
Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
Discount Promotions. If you receive a discount promotion on your Initial Term or first 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 SS Protect to automatically charge the applicable fee to your credit card in accordance with paragraph 6c (Pricing, Billing and Payment).
Exceptions to Automatic Renewal. If you are in dispute with SS Protect 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.
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.
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 SS Protect are billed on a monthly basis, you will be billed in full month increments.
Payments. You agree to pay SS Protect, 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 Noticeswill not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize SS Protect 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 file with SS Protect has expired or does not permit automatic renewals, you must contact SS Protect to renew the Services. If you do not renew your Services within thirty (30) days, your access will be terminated. Once your data has been queued for deletion, it cannot be retrieved by SS Protect. You are responsible for ensuring that your billing information with SS Protect is accurate.
Currency. SS Protect 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. SS Protect is not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.
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 SS Protect site.
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 SS Protect before attempting a chargeback.
Termination by SS Protect. SS Protect may suspend or terminate your Services if SS Protect reasonably believes that (i) you are in breach of the SS Protect 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 SS Protect terminates your account in accordance with this paragraph b.
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.
All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, SS Protect Limited trading as Protected. The ownership of all intellectual property rights relating to the Services shall remain with SS Protect Limited trading as Protected and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with SS Protect’s or its licensor's intellectual property rights.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, SS PROTECT AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.
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 SS Protect 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 SS Protect controlled equipment.
You agree to indemnify, defend and hold harmless (i) SS Protect, our officers, 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, affiliates 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 indemnified 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.
SS Protect 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 SS Protect Software).
The terms of this paragraph shall survive any termination of this Agreement.
SS Protect 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. SS Protect 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.
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 SS Protect sign-up process. If you wish to transfer your rights to a third party, please contact us.
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 SS Protect account. It is your responsibility to ensure that the personal details SS Protect holds for you are current at all times.
This Agreement (including the items incorporated by reference and modifications that may be made from time to time by SS Protect), constitute the entire agreement between SS Protect and you regarding the Services, and supersedes all prior agreements between you and SS Protect regarding the subject matters hereof. Any item or service furnished by SS Protect in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict 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.
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.
SS Protect reserves its right to take all legal steps available to enforce this Agreement. SS Protect’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of SS Protect’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with SS Protect shall be effective unless expressly stated in writing and signed by both parties.
If you have any questions or comments, please contact us at firstname.lastname@example.org or postal mail to:
SS Protect (U.S.) LLC,
1501 Main Street, Suite 201,
United States - 1-844-304-6774
United Kingdom - 0333-370-6567
Europe - 0044-333-370-6567
Australia - 1-800-802-873
Canada - 1-844-304-6774
International - 001-844-304-6774
SS Protect Limited trading as Protected. Company Number 10161957
Last modified on 19-06-2017
To help you stay protected and have a completely uninterrupted service, at the end of each subscription period we will auto-renew your subscription for another term (until you cancel) by charging your payment method on file the undiscounted standard subscription price. Don’t want to auto-renew? You can speak to our 24/7 support team to assist with switching this off.
TotalAV often offers promotions and special introductory offers to new customers during their initial term. These special offers are promotional prices that are available to new customers only and are valid for the initial term only. Upon renewal, you will be billed at the regular rates. Paying customers can manage active subscriptions within the dashboard billing tab.
We're so confident that you won't want to leave Total AV, we'll give you your money back if you do - No questions asked! During the first 30 days, if you decide Total AV isn't for you, we'll refund your subscription fees in full.
Your satisfaction is our top priority, and we're so confident that you'll be pleased with our services: