Software, Materials, Services and other related information are collectively referred to as “Content.”
“YOU” OR “YOU”
“You” means you individually, any person, including any employer that you are acting on behalf of.
iYogi means iYogi Inc. oriYogi Limited or iYogi Pte Ltd. and/or any of its affiliates, wherever applicable.
“IYOGI CERTIFIED TECHNICIAN/(S)”
“iYogi Certified Technician means” technicians and specialists certified by iYogi to perform the Services under this Agreement.
“Plans” or “Subscription/(s)” are tenured Subscription plans offered byiYogi that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES” AND “IYOGI PORTAL”
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the iYogi Portal are the proprietary and copyrighted work of iYogi and/or its suppliers. The definition of “Materials” does not include the design or layout of the iYogi.net web site or any other iYogi owned, operated, licensed or controlled website.
TrademarkiYogi may be used byiYogi Inc. oriYogi Limited or iYogi Pte Ltd. and/or any of its affiliates, wherever applicable.
“Software” means a computer program of any kind, whether owned byiYogi or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both iYogi Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
SUBMISSION OF PLAN ORDERS;
You may order Services by submitting Plan Orders through the iYogi Portal or by calling iYogi. Once iYogi accepts the Plan Order submitted by you, then you will receive an email from iYogi at the email address that you provide or have provided to iYogi as part of the Registration Process for the Services. iYogi is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by iYogi of a Plan Order, you will have a Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, iYogi will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, iYogi will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access software tools and utilities. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Plans are subject to iYogi’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 877-602-0601. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. iYogi has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made.
You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee and/or TechGenie License Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, all payments fees shall be made in advance apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee/TechGenie License Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). Plans can also have TechGenie License fees.
TechGenie License fees will be paid alongwith the Service Fee and shall remain valid for a period of 5 years from the date of subscription. While opting for an Upgrade of your services, you need to pay as per the terms of the Upgrade offer. All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other iYogi services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the iYogi services you were required to purchase to receive the special rate as notified to iYogi; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize iYogi to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize iYogi and/or any other company who bills products or services, or acts as billing agent for iYogi to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide iYogi with updated credit card information upon iYogi’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither iYogi nor any iYogi affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at iYogi’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
RENEWAL POLICY/UPGRADE POLICY
You agree and acknowledge that your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”). However, a Plan and/or an antivirus or/a warranty purchased from iYogi shall be automatically renewed (in accordance with the terms of the Plan) only after we send you an email id (registered with iYogi) 30 days before the expiry of your subscription term notifying you about the automatic renewal of your Plan with an option of opting out from the automatic renewal and only if you do not opt out, Your credit card, which was used in paying for the original Plan or any other purchase from us will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with iYogi. In some cases, iYogi may offer Upgrade Offers to you. Upon your acceptance of such Upgrade Offer, your credit card, which was used in paying for the original Plan or any other purchase from us, will be charged with the amount mentioned in the Upgrade Offer. If you would like to opt out of the Auto Renewal, please call us at 1-877-602-0601 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at email@example.com
For plans, a full refund will be issued if iYogihas not been able to resolve even a single issue for you within the first 30 days of the subscription. If there are one or more issues resolved within first 30 days, the fees for the Subscription Service will not be refundable. However, after 30 days of purchase of Plan, no refund shall be made by iYogi.Notwithstanding this iYogi may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. Refund amount shall be directly credited to the credit card, the details of which are registered with iYogi. On the specific request of the subscriber iYogi may process the refund in some other account subject to submission of such documents/information as may be asked by iYogi for the said purpose.For incident based plans, you will be eligible for refund when any of the following criterions are met:
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION
Though iYogi has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to iYogi’s “fair use” policy. Under this policy, if at any time, in iYogi’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then iYogi reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, iYogi reserves the right to suspend or terminate any Subscription Services of any Subscriber that iYogi, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to iYogi; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by iYogi or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Plan and for no other purpose. The Software may be accompanied by a EULA from iYogi or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR IYOGI SOFTWARE
With regard to any Software made available to you by iYogi through the iYogi Portal for which your acceptance of a separate license agreement is not required (“iYogi Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by iYogi to use the iYogi Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the iYogi Software. You agree that the iYogi Software is the confidential and proprietary information of iYogi or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the iYogi Software, or otherwise reduce the iYogi Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the iYogi Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the iYogi Software. You acknowledge that this license is not a sale of intellectual property and that iYogi or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the iYogi Software and related documentation, as well as any corrections, updates and upgrades. The iYogi Software may be used only in the country of residence at the time of acceptance of these terms for use of the iYogi Software. Export of the iYogi Software is strictly prohibited.