Terms & Conditions

Bits Analyzer is pleased to provide the Bits Analyzer Premium Service (the “Service” or “Services”) in accordance with this Services Description.

Individuals must be 18 years of age or older to use this Website and its Services, and you warrant that you are eighteen (18) years of age or older. The parties acknowledge having read and agreed to be bound by such online terms. Bits Analyzer may offer customers the Services with respect to the Supported Products (as defined below) through monthly subscriptions, annual subscriptions, and/or various promotional offers. You (the “Customer”) acknowledge and agree that the Service(s) described below are being supplied in accordance with your acceptance of the terms and conditions of this Agreement.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE OR THE WEBSITE.

Service: The Service will use commercially reasonable efforts to provide remote technical support, and general computing for Supported Products (as defined below) on the Customer’s computer. The Services provided under this Service Description are provided remotely via telephone and chat sessions and frequently include remote diagnosis by the technical agent, including having remote access to your operating system, printers, and networking equipment via proxy, always with your permission. Documents, photos, or other files may require access to resolve a Service issue, but will only be done with the Customer’s express consent. It is required that the Customer has Internet service and that all Supported Hardware is connected to the Internet or home network for the Service to be delivered. Bits Analyzer will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of this Service Description, Bits Analyzer may offer additional services through the phone support agent for an additional fee.

• Support for non-Windows-based OS, software, applications, or hardware
• Labor and/or parts replacement for hardware or peripherals
• On-site or at-home services
• Support when compatibility of the system to the software is in question or configuration is invalid
• Database editing and creation
• Computers or devices that are managed by any external IT department
• Enablement of access to corporate systems, email or data
• Live data manipulation
• Video editing
• Creating illegal copies of software
• Creating DVDs of copyrighted content such as movies or television programs.
• Installation of dual boot operating system configuration
• “Crack or Hack” protected files
• Support for commercial grade printers
• Supporting or assisting any activity deemed to be illegal or inappropriate by Bits Analyzer in its sole discretion
• Support when your system does not meet the system-requirements of installed software
• Supporting third party plug-ins like browser helper applications and Flash media players

• Loss of any Data or file / corruption / damage in any form or manner.
• Hardware replacement
• Providing software upgrades or new software releases with the exception of device driver software recommended by the Bits Analyzer software
• Support for versions of Supported Products older than the current version (support on older versions is on a commercially reasonable basis)
• Support for freeware or shareware
• Remote or on-site training services
• Scripting, programming, database design or web development
• Product keys for activation
• Recovery of lost, damaged, or infected data or software
• Support arising from damage caused by viruses, hacking, or physical damage.
• Any activities not expressed or described in the Service Description

• Receiving Support: Customers may initiate a phone call with a technician or the Customer may pre-arrange for a technician to call the Customer. A technician will ask for Customer’s email address associated with the account, relevant hardware and software brands, and model or version numbers. To receive services, the Customer must confirm that they: (a) have full access to the system that is the basis of the problem; (b) have completed a back-up (or otherwise have a copy) of any software or data on the Supported Product; and (c) expressly authorize the Services. In some instances, Services may be provided by a qualified third party service provider on Bits Analyzer ’s behalf at Bits Analyzer ’s sole discretion.
• Service Availability: Bits Analyzer will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances and circumstances, the Service may be unavailable.
• Unique Account Information: Customer must maintain the confidentiality of the account log-in information provided by Bits Analyzer in connection with these Services. Bits Analyzer is not responsible for any unauthorized use of a Customer’s Service and may terminate Customer’s Service at any time if it believes, in its reasonable discretion that Customer’s account is subject to unauthorized use.
• Spyware/Virus Removal: Customer acknowledges and understands that alteration or removal of some spyware and virus programs may impair the performance of certain programs. In addition, altering or removing such programs may be restricted by certain software licenses. It is the Customer’s responsibility to examine such licenses and to ensure that the procedures performed as a part of these Services will not affect these licenses, or, if they do, that the effect on such licenses or system performance is acceptable to Customer. The customer further acknowledges and understands that these Services cannot guarantee that additional spyware and viruses will not return to, or appear on, a Customer’s system after Services have been rendered.
• Third Party Software: If the Customer and technician agree that a third-party tool would be useful to resolve an issue, the Customer will have to personally enter into any license agreements with such third-party. All use of third-party tools is the sole responsibility of the Customer. Under no circumstances will a Bits Analyzer agent or technician enter into a third party license agreement on the Customer’s behalf or be liable for the use of such third-party software.
• Copying of Files: Bits Analyzer is not permitted by law to copy or otherwise replicate copyrighted materials without the Customer’s expressed authorization. In connection thereto, Customer acknowledges, represents, and warrants that Customer owns the copyright, or has a valid license to make authorized copies of any and all of the applicable files on their system, and, that Customer does not have any files or copyrighted content on their system which would cause Bits Analyzer to be liable for copyright infringement if those files were copied by Bits Analyzer as a part of the Services, including but not limited to, music files, motion picture/video/television files or photographic files, or other media files that are subject to copyright restrictions. Customer accepts responsibility for, and agrees to indemnify, release, discharge, and hold Bits Analyzer harmless from, any and all liability, damages, claims or proceedings including reasonable attorneys’ fees and costs arising out of Customer’s failure to remove any non-authorized files or restricted copyrighted content from their system prior to utilizing the Services.

Complete a backup of all existing data and programs on affected Systems.
It is solely the Customer’s responsibility to complete a backup of all existing data, files, software, and programs on affected Supported Products before receiving Services (including telephone support). As per the Limitation of Liability section below, Bits ANALYZER IS NOT RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, FILES, PROGRAMS, OR LOSS OF USE OF SYSTEM(S) HARDWARE, OR NETWORK(S). CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES Bits ANALYZER WILL BE RESPONSIBLE FOR ANY LOSS OF SOFTWARE, FILES, PROGRAMS, OR DATA – EVEN IF TECHNICIANS HAVE ATTEMPTED TO ASSIST CUSTOMER WITH THEIR BACKUP, RECOVERY, OR SIMILAR SERVICES. ANY SUCH ASSISTANCE IS BEYOND THE SCOPE OF ANY WARRANTY AND THIS SERVICE DESCRIPTION; THIS ASSISTANCE IS PROVIDED IN Bits ANALYZER’S SOLE DISCRETION AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND. NEITHER DOES Bits ANALYZER PROVIDE ANY GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD PARTY PRODUCT THAT A TECHNICIAN MAY USE IN ASSISTING CUSTOMER.

• Termination: The term of this Service Agreement will commence upon the date of purchase of your Bits Analyzer software (regardless of whether or when you activate or begin using your account) and will continue until the earliest of (a) the Customer cancels the Service or the Customer’s subscription expires as stated in the Service agreement, (b) the date upon which Bits Analyzer provides notice to you of termination of this Agreement for Bits Analyzer’s convenience, and (c) non-payment of subscription fees due; or (d) your violation or breach of any terms or conditions of this Agreement (the “Term”). Upon the expiration or termination of this Agreement the rights granted to you under this Agreement with respect to the Service will immediately terminate. Use of the Service constitutes acceptance of the Agreement.
• Registration and Transactions: Bits Analyzer currently uses the PayPal gateway Secure Sockets Layer (SSL) protocol to safeguard your payment information, including your credit card number, during online transactions.
• Returns and Refunds: If the Customer has not yet activated their Bits Analyzer account, Bits Analyzer Premium Services subscriptions may be returned within 30 days of purchase for a full refund. Upon activation of the Customer’s account, no subscription may be returned and all charges associated with the subscription become nonrefundable (except as otherwise required by law).
• Data Collection- Bits ANALYZER’s Privacy Policy: In connection with the Services, Bits Analyzer and/or its authorized affiliates may measure, record and upload and download performance data. Bits Analyzer and/or its authorized affiliates will treat such information in accordance with Bits Analyzer’s Privacy Policy (available at Privacy Policy ). In carrying out its obligations, Bits Analyzer, or its authorized affiliates , may at their discretion and solely for the purposes of monitoring the quality of Bits Analyzer’s response, record part or all of the calls/chat sessions between you and Bits Analyzer. By utilizing these Services, you expressly consent to have your calls/chat sessions with Bits Analyzer or its authorized affiliates monitored and/or recorded, and to receive Service-related communications or solicitations, including telephone calls or emails.
• Commercially Reasonable Limits to Scope of Service: In the course of providing the Services, Bits Analyzer may determine that a Service issue is beyond the scope of the Service. Bits Analyzer may use commercially reasonable efforts to refer Customer to the appropriate alternative resource; however, Bits Analyzer will not transfer Customer directly to an alternate resource. Customer acknowledges that despite Bits Analyzer’s efforts, Bits Analyzer may not be able to resolve Customer’s issue.
• Content: You are solely responsible for all content and account information that you transmit, store, view, restore or share through the Service (including the Backup Service, if included with your contract). You agree that your use of the Service will fully comply with all applicable laws, rules and regulations and that it will also comply with all regulations, terms of use, policies and procedures of networks through which you access and use the Service. Without limiting the generality of these requirements, you agree that you will not use the Service to:
• Transmit, store, view, restore or share content that: (i) contains illegal material; (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise torturous or offensive, as determined by Bits Analyzer in its sole discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law; or (iv) contains any viruses, worms, Trojan horses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.
• Transmit, store, view, restore or share content, if such action would violate any applicable privacy policy or applicable privacy law, rule or regulation, including, without limitation, the GrammLeach-Bliley Act, the Health Insurance Portability and Accountability Act of 1996, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act and each such Act’s related rules and regulations.
• Plan or carry out any illegal activity.
• Violate the intellectual property rights or other rights of any third party, including, without limitation, any person’s or entity’s copyrights in music, motion pictures, television programs, videos, media, images, books or other works.
• Breach any duty of confidentiality that you owe to anyone or entity.
• Access or attempt to access any account for which you have no access authorization.
• Charge anyone for access to your account or otherwise use, sell or share the Service for any commercial purpose. or
• You acknowledge that U.S. and other countries’ export laws may apply to the transfer of technology and software through the Service. You represent and warrant that any software you transmit and store using the Service contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. You also warrant that any technology you transmit and store is approved for export without a license. Notwithstanding the foregoing, you are solely responsible for obtaining any specific licenses relating to the export of technology and/or software if a license is required. Customer accepts responsibility for, and agrees to indemnify, release, discharge, and hold Bits Analyzer harmless from, any and all liability, damages, claims or proceedings including reasonable attorneys’ fees and costs arising out of Customer’s failure to adhere to this paragraph.

You further agree that you will not:

• Create any links, whether on a web page, in an e-mail or otherwise, that direct anyone to any part of your account; or
• Interfere with the servers or networks connected to the Service. Bits Analyzer does not control the content of any customer’s system and does not have any obligation to monitor or review content for any purpose. Notwithstanding the foregoing, if Bits Analyzer reasonably suspects that an account is being used for storage or distribution of any content that violates these terms and conditions, Bits Analyzer reserves the right, in its sole discretion and subject to applicable law, to terminate your account, and/or, if applicable, notify the appropriate authorities, without prior notice to you.
• Cooperation with Law Enforcement: Agents may refuse to assist the Customer with sexually explicit, unlawful, offensive, hateful, gratuitously violent content or any other reasonably objectionable material. In addition, Bits Analyzer may be required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of applicable law, including without limitation, child pornography or human trafficking laws. You acknowledge and agree that Bits Analyzer may proactively report any such information, including the identity of users, account information, images and other facts to law enforcement personnel, government officials and/ or a third party as Bits Analyzer believes reasonably necessary or appropriate, as determined by Bits Analyzer in its reasonable discretion, to meet its legal obligations or protect the rights, property or safety of its employees, other users or third parties. Customers are prohibited from violating or attempting to violate the security of Bits Analyzer, or the Service. Violations of system or network security may result in civil or criminal liability. Bits Analyzer will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.
• Fair Use: Agents may refuse to assist the Customer with sexually explicit, unlawful, offensive, hateful, gratuitously violent content or any other reasonably objectionable material. In addition, Bits Analyzer may be required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of applicable law, including without limitation, child pornography or human trafficking laws. You acknowledge and agree that Bits Analyzer may proactively report any such information, including the identity of users, account information, images and other facts to law enforcement personnel, government officials and/ or a third party as Bits Analyzer believes reasonably necessary or appropriate, as determined by Bits Analyzer in its reasonable discretion, to meet its legal obligations or protect the rights, property or safety of its employees, other users or third parties. Customers are prohibited from violating or attempting to violate the security of Bits Analyzer, or the Service. Violations of system or network security may result in civil or criminal liability. Bits Analyzer will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.
• Fraudulently using the service
• Using the service illegally or for illegal purposes
• Engaged in reselling the Service for their own commercial concern
• Using the service broadly, for computers other than those listed in the Customer’s account
• Using the service in lewd, illicit and/or explicit purposes
• Found to be habitually aggressive, threatening or uses foul language regularly in their interactions with agents, technicians and management of the Service.
• Found to be engaged in any other material misuse of the Service not specifically covered above in Bits Analyzer’s sole discretion.

NO WARRANTIES; LIMITED LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED “AS IS” AND Bits ANALYZER MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE. Bits ANALYZER IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. Bits ANALYZER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT. Bits ANALYZER DOES NOT WARRANT THIRD PARTY PRODUCTS. Bits ANALYZER IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. NEITHER Bits ANALYZER NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE SERVICE. IN NO EVENT WILL Bits ANALYZER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR YOUR PARTICIPATION IN THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER Bits ANALYZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, Bits ANALYZER IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE

Governing Law: THE PARTIES AGREE THAT THE LAW GOVERNING THIS AGREEMENT, INCLUDING ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING BETWEEN Bits ANALYZER AND YOU HERE UNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS), SHALL BE THE LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF.

Binding Arbitration: YOU AND Bits ANALYZER ARE AGREEING TO FOREGO ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ALL CLAIMS, DISPUTES OR CONTROVERSIES IN ANY FORM OR MANNER BETWEEN YOU AND Bits ANALYZER AND/OR ITS DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS RELATING IN ANY WAY TO THE AGREEMENT SHALL BE SUBMITTED TO ARBITRATION TO BE CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) IN THE CITY OF CALIFORNIA, UNITED STATES, IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

For purposes of clarification, you agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR Bits ANALYZER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration contract is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).