SoftwareWorks - Terms of Service

Terms of Service

ATTENTION: USING SOFTWAREWORKS (“SW”) SERVICES, SOFTWARE, OR THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE SOFTWAREWORKS SOFTWARE OR THIS WEBSITE.

This User agreement is by and between SoftwareWorks, an Arizona corporation, and You, Your assigns, agents, and contractors (“You”) and is made effective as of the date of electronic execution. You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account. This agreement sets forth the terms and conditions of Your use of SoftwareWorks website and software.

The Software

SoftwareWorks (SW) software provides the user the ability to monitor the Windows 10 or 11 computer speed, stability, and security and provides the user recommendations on how to repair their computer. The software is intended to provide the user “self” implemented computer help. Additionally, if required, the licensed user may interact via chat available in the software with a technician that may provide the user self-help recommendations.

The customer must comply with all laws. If SoftwareWorks believes that a crime has, may have, or will be committed in the future, SoftwareWorks may in its sole discretion report the information forming that belief to authorities and fully cooperate with authorities and deinstall the licensed software.

Availability of Service

The chat feature to provide self-help advice is available seven days a week from 8:00am to 8:00pm local time.

Fees

In consideration for SoftwareWorks licensed software, SoftwareWorks will charge $9.95 at installation and $9.95 per month for the monitoring software providing its services or granting a license to certain SoftwareWorks software for the term of this Agreement. You agree to pay SoftwareWorks service fee upon SoftwareWorks granting a license. SoftwareWorks reserves the right to increase the fees at any time, and the increased fees shall only be posted on the SoftwareWorks website, which You should review from time to time.

Payment Method

You agree to provide and maintain a valid credit card or debit card on file with SoftwareWorks to purchase service. If You select to pay monthly, You will be billed in advance each month on the date You purchased service for the next month’s service, excluding the 29th, 30th, and 31st; services purchased on those dates will be billed on the 28th. You agree to keep a valid credit or debit card on file with SoftwareWorks billing throughout the term of this Agreement.

Monthly Plans

Monthly plans are billed month to month. You may cancel the software license at any time. Automatic billing will occur until You cancel Your license in writing.

Cancellation Policy

Our monthly license fee is month to month. You can cancel at any time without penalty. If for any reason SoftwareWorks is unable to charge Your credit card or debit card with the full amount of the service provided, SoftwareWorks may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, SoftwareWorks is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorney’s fees.

Account Reinstatement

If a membership is canceled or terminated by You, the membership may be reinstated without an additional Activation Fee up to 90 days following the date of cancellation. After this period, a fee may be charged for reinstatement at the discretion of SoftwareWorks.

Your Cooperation

You agree that Your computer has a high-speed or broadband connection to the Internet (specifically a quality, stable broadband connection with a minimum continuous connection speed of 256Kb/s upload and download). Said connection must not have bandwidth usage restrictions that will affect use by the SoftwareWorks software. Satellite, “Air cards,” and cell phone tethering do not qualify as a sole connection for a membership.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SOFTWAREWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SOFTWAREWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF SOFTWAREWORKS AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SOFTWAREWORKS FOR THE LAST 12 MONTHS. IF THE SOFTWARE IS PROVIDED WITHOUT CHARGE, THEN SOFTWAREWORKS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Force Majeure

If SoftwareWorks and/or its third-party service provider’s ability to provide services is impaired by circumstances beyond the control of SoftwareWorks or its third-party service provider, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, SoftwareWorks or its third-party service provider may choose not to provide services.

Use of Software

If You download software from this Site or if SoftwareWorks downloads (or suggests that You download) software to Your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to You by SoftwareWorks or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to You, but remain with SoftwareWorks or the respective software vendor, who owns full and complete title. You may not copy, transfer, resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until You have read and accepted these Terms.

You acknowledge and agree that SoftwareWorks may, only upon Your selection of an approval icon, remotely access Your computer and check the software, databases, and/or its components that You are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to Your computer. You understand that SoftwareWorks may access personal information on Your computer or information related to Your computer; however, SoftwareWorks shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by SoftwareWorks on Your computer, except as required by law.

Downloaded Vendor Software and Links to Third-party Web Sites

SoftwareWorks shall attempt to monitor the health of Your computer and fix problems with management software, along with downloading and executing applicable components. SoftwareWorks does not guarantee that SoftwareWorks will locate, diagnose, or fix any or all problems or eliminate all viruses, worms, spyware, etc. SoftwareWorks may download software applications that constantly or intermittently run on Your computer which may execute code to analyze system performance and scan for problems. SoftwareWorks may provide links to other third-party Web sites or resources or downloads of third-party software. Such links or software provided on this Site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and You do so entirely at Your own risk. Accordingly, You agree that SoftwareWorks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products, or services provided by SoftwareWorks available on or through any such site or resource.

Use of Site

SoftwareWorks authorizes You to view and download the software and materials at this website and other websites that are linked to this site or affiliated with this site (“Site”), under the condition that all the information, communications, software (whether downloaded to Your computer by You or by SoftwareWorks), scripting, photos, text, video, graphics, sounds, images, and other materials and services found on the Site (collectively “Content”), is intended only for Your personal or company use (not for re-distribution to any other computer), and provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For the purposes of these Terms, any use of this Content on any other website or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted, and any unauthorized use of the Content at this Site may violate copyright, trademark, and other laws.

Trademarks and Service Marks

There are a number of proprietary logos, service marks, trademarks, slogans, and product designations found on this Site. By making them available on this Site, SoftwareWorks is not granting You a license to use them in any fashion. SoftwareWorks are all pending and/or allowed applications in the U.S. Patent & Trademark Office. All other names and brands may be claimed as the property of others.

User Submissions

Other than personally identifiable information or information obtained by SoftwareWorks regarding Your computer which SoftwareWorks shall use for internal purposes and customer service only, any material, information, or other communication You provide to SoftwareWorks or transmit to this Site will be considered non-confidential and non-proprietary (“Communications”). SoftwareWorks shall use commercially reasonable efforts to maintain the security of Your personally identifiable information; however, You submit such information at Your own risk. You agree that SoftwareWorks may use only aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to SoftwareWorks may be recorded and used for training or marketing purposes. You agree not to disguise Your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted content, including impersonating another person or entity. For any of Your communications to SoftwareWorks which include improvements to SoftwareWorks business operations or functions, You grant SoftwareWorks an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to You.

By providing your e-mail and/or phone number, you consent to receive e-mails and/or calls and text messages. This includes live, prerecorded, and/or automated calls and messages, to that email or phone number. After licensing our software, you will receive a confirmation e-mail or text message from SoftwareWorks on your mobile number. This agreement is not entered into as a term or requirement of any purchase or promotion. Normal message and data rates may apply. Message frequency may vary. Neither we nor the participating carriers guarantee that messages will be delivered. We may discontinue these programs at any time without notice.

Termination

This agreement shall commence on the date You accept these terms and purchase service and shall continue in effect until You no longer are a customer of SoftwareWorks. SoftwareWorks, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or SoftwareWorks software for any reason (and without notice), including, without limitation, if SoftwareWorks believes You have violated or acted inconsistently with the letter or spirit of these Terms, or if You are in breach of the terms of this Agreement or any of the payment terms. You agree that SoftwareWorks shall not be liable to You or any third-party as a result of SoftwareWorks suspension or termination of license. Upon termination, You agree to immediately destroy or uninstall any copies of SoftwareWorks.

Disclaimer

THE SOFTWAREWORKS SOFTWARE DOWNLOADED BY SOFTWAREWORKS (OR SUGGESTED BY SOFTWAREWORKS) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY SOFTWAREWORKS ARE PROVIDED “AS IS” WITHOUT ANY SOFTWAREWORKS WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOFTWAREWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, FUNCTIONALITY OF THE SOFTWAREWORKS OR VENDOR SOFTWARE, SITE, OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which SoftwareWorks suggests or downloads to Your computer is implemented at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material, or use of this site. Information published at this Site may refer to products, programs, or services that are not available in Your country, or You must comply with all local laws, if applicable.

Limitation of Liability

IN NO EVENT WILL SOFTWAREWORKS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF SOFTWAREWORKS VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY SOFTWAREWORKS OR THE USE, INABILITY TO USE. ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SOFTWAREWORKS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT, OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SOFTWAREWORKS.

Applicable Laws

This Site is controlled by SoftwareWorks from its offices within the United States of America. SoftwareWorks makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States and Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the downloaded software or Content in violation of U.S. export laws and regulations. You agree to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside. You further agree to comply with all local laws, regulations, and rules regarding online conduct and acceptable Content.

Governing Law; Arbitration

These Terms will be governed by the laws of the State of Arizona. The parties further agree that in addition to any other court of competent jurisdiction, the Superior Court of Arizona in and for Maricopa County will have jurisdiction over the parties to any dispute, claim, or cause of action arising out of these Terms. Any dispute arising out of or in connection with these Terms which cannot be resolved by the parties hereto will be finally resolved by the parties in accordance with the then current International Arbitration Rules of the American Arbitration Association. The arbitration proceedings will be conducted in Phoenix, Arizona. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having jurisdiction. The number of arbitrators shall be one (1) if the claim amount is less than $100,000 and the number of arbitrators shall be three (3) if the claim is equal to or greater than $100,000.

Entire Agreement

These Terms constitute the entire agreement between the parties concerning the purpose of these Terms and supersedes any other agreements and understandings concerning this purpose. These Terms may be amended, waived, or revoked only by written agreement of both parties. Failure to enforce any provision of these Terms will not act as a waiver of any term or right set forth herein.

Notices

Notices to You may be made via either email or regular mail. SoftwareWorks may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Site.

Revisions

SoftwareWorks may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and SoftwareWorks makes no commitment to update the materials and software provided by SoftwareWorks.

Acceptance of Terms

You acknowledge You have read, and agree to be bound by these Terms. You represent You have the legal authority to accept these Terms on behalf of Yourself or any party You represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND UNINSTALL ANY SOFTWAREWORKS SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY SOFTWAREWORKS.