Last Updated: 11th March 2026
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES WE PROVIDE (AS DEFINED BELOW), AS THESE TERMS OF SERVICE CONSTITUTE A BINDING CONTRACT BETWEEN US.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 3.20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION AND READ THESE TERMS CAREFULLY.
1. INTRODUCTION. Thanks for choosing Total Security and our Services! Before accessing or using any of our Services, please read these Terms of Service (the “Terms” or “Agreement”) carefully, as they form a binding agreement between you, as a user of our Services or websites, and us. As used in these Terms, “Total Security”, “Total Security Group”, “Total AV”, “we”, “us”, or “our” shall mean and include Total Security Limited (as U.K. company incorporated in England under number 10161957), Total Security U.S. LLC, and our affiliates, each of which are a part of Point Wild.
Among other things, the Terms outline in detail what We provide you, our customers, and each of our rights and obligations pertaining to your access and use of the various virtual private network (“VPN”), antivirus (“AV”), online storage, digital threat protections and security services, and other such products, services, platforms, applications/apps or other offerings, including any Software (as described below), (collectively, the “Services” or each a “Service”) that We provide through mobile or desktop applications, or websites We operate. By accessing or using our Services, you represent that you have read, understood, and agreed to these Terms, including any applicable policies and additional terms specified herein, which form a binding contract with Us. Please note that certain Services are subject to additional offering specific terms and conditions (“Service Specific Terms” or “Additional Terms”) as specified herein or provided with the applicable Service, and your use of these Services are subject to these Terms and such applicable Service Specific Terms.
If you do not agree to be bound by these Terms, you should not access or use the Services.
2. OUR SERVICES.
2.1 Subscription; Fees. Our Services are generally made available on a subscription basis (“Subscription”), which means you receive access to our Services for a set period of time based on your selection at time of enrollment, which is typically a one month, six months, or one year term (each, as applicable, a “Subscription Term”) in exchange for your payment of the fees that apply to the Subscription Term for the Service you enroll in (“Subscription Fees”). You may only enroll in a Subscription or otherwise subscribe to our Services if you are Eligible and meet our account and other legal requirements described in Section 3 below. When you sign up or enroll in a Subscription for our Services, you will be billed in advance for your Subscription Fees at the time of enrollment, and thereafter on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription Term you select at the time of enrollment or within your account. From time to time, we may, and reserve the right to, make changes to Subscription plans We offer, such as periodic changes to applicable Subscription Fees or Subscription Term options, but We will provide you with notice of any such changes applicable to you via email or within your account dashboard before effectuating the changes. Your Subscription Fee will be identified at the time of enrollment, and at or prior to renewal (unless you are enrolled in a monthly Subscription), as applicable and further described in Section 2.2.
By purchasing or signing up to use our Services, you agree you are enrolling in a subscription service and pay for Subscription Fees that apply to the Subscription that you are enrolled in. We offer the ability to pay for Services in a number of different currencies, including gift cards in certain jurisdictions. Where we operate a country specific site, the applicable Subscription Fees will be identified in the currency of such country (e.g. GBP, Euro, or U.S. Dollar). If your local currency is not supported by your account or available on our site, the price payable for Services will be converted to a currency We offer our pricing in, using the applicable exchange rate, at the time of purchase or any charge for Services. 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. Total Security is not liable for any discrepancies or shortfalls in these amounts resulting from any changes in exchange rates. You authorize Us (including our authorized payment processors or billing service providers) to automatically charge the Subscription Fees applicable to your Subscription, plus any applicable taxes and fees, to the payment method We or our service provider have on file based on your Billing Cycle and the Subscription or Service plan you enrolled in. For clarity, VAT (Value Added Tax) is a tax imposed on consumers for those located within the territory of an European Member (E.U.) State and VAT is included in all GBP and Euro prices displayed on the Total Security Group’s sites. However, sales taxes applicable to a Subscription for customers based in the United States and certain other jurisdictions are the responsibility of the customer and are not included in the Subscription Fee unless otherwise specified.
If you obtain a Subscription to our Service(s) or make payment for Subscription Fees through a Total Security issued gift card, instructions for redemption and/or additional terms pertaining to use of gift cards may apply, and such terms will be specified and incorporated by reference on each gift card (such as via an URL or link imprinted on such gift card) as applicable. However, use of our Services will, in any case, remain subject to these Terms and require enrollment in our Services.
2.2 Automatic Renewal; Renewal Price; Billing. Unless otherwise explicitly stated at the time enrollment, our Services are made available as automatically renewing Subscriptions, which means -- end of each Billing Cycle, your Subscription will automatically renew for an additional Subscription Term without additional action required by you, unless you or We have terminated your Subscription as described in these Terms. Your Subscription will renew at the renewal price identified to you at the time of enrollment or otherwise communicated to you by Us prior to the time of the applicable renewal (“Renewal Price”). If you received a discount or promotional pricing on your first Subscription Term (e.g. your first year, or first month, of subscription, depending on the plan you enrolled in), you acknowledge such discount or promotional price applies for the initial limited term only and that your Subscription will automatically renew at the then current non-discounted, standard price for the Service(s) we offer.
For annual or multi-year Subscriptions, We will notify you of your upcoming renewal via email to the email address you used to enroll in a Service with us (each a “Renewal Notice”) up to thirty (30) days prior to your renewal date. Renewal Notices will not be provided to users who are enrolled in a monthly Subscription plan, which will automatically renew and be charged each month without additional notice. You acknowledge, agree, and authorize Total Security Group to automatically charge the applicable Subscription Fee to your payment method we have for you on file in accordance with the terms of this Agreement.
At the end of each Billing Cycle, your Subscription will automatically renew and you will be charged for the next Subscription Term unless (a) you have canceled your Subscription plan as specified in Section 2.3 below, (b) We have canceled or terminated your Subscription prior to the commencement of your next Billing Cycle, (c) you are in dispute with Total Security relating to any Subscription Fees charged, or (d) this Agreement has otherwise been terminated by either you or us in accordance with these Terms or by your withdrawal as described in Section 3.16(c). From time to time, the Subscription Terms or plans we offer may change, or We may deem it operationally necessary for us to update or amend your renewal term (e.g. from annual to monthly) to continue Our provision of Service. Should this happen, you will be charged the pro-rated amount of the Subscription Fees applicable to the updated renewal term (e.g. a pro-rated monthly fee), and you will receive an email notice or receipt reflecting the change and amount charged upon successful renewal. If you do not want your Subscription to auto-renew at the end of a Subscription Term or Billing Cycle, you may cancel any time during your Subscription Term, provided your cancellation request or election is made at least one (1) day before the end of your then-current Billing Cycle. If you do not cancel at least one (1) day before the end of your then current Billing Cycle, your Subscription will automatically renew and your payment method on file will be charged in accordance with these Terms.
Please keep your billing information up to date to minimize interruption to your Service and billing status. In the event the charge for your Subscription Fee(s) due is unsuccessful, you authorize us to retry the charge using the payment methods available on your account or alternate credentials provided by your card issuer or financial institution (such as through network tokens and supported card updater services). If we are unable to process the applicable charge for your Subscription Fees due, your Subscription and account may become suspended or terminated, but we will attempt to contact you through the contact information associated with your Subscription prior to implementing such suspension or termination.
In the event We make material changes that affect your Subscription plan, such as change in the price of your Subscription Fees, we will provide you with prior notice of material changes applicable to you via email. Notices pertaining to price changes will typically be sent up to 30 days before the charge for annual and bi-annual Subscriptions, and 10 days in advance for monthly Subscriptions. Please note it is your responsibility to review any notices We send you and it is your sole responsibility to ensure that the email address and other personal or contact details you provided for the user account that Total Security Group holds for you are current and accurate at all times.
If you are in dispute with Total Security or have previously requested a chargeback relating to any Subscription Fee(s) that we have successfully challenged, please note your Services may not automatically renew at the end of your existing Subscription Term. We are unable to return disputed charges, due to costs incurred. If you believe you were charged in error or have a billing concern, please contact our 24/7 billing support team before initiating a chargeback. We are committed to resolving billing issues quickly and transparently.
2.3 License to Use Our Services. The Service, including the Software, is licensed, not sold, to you. Subject to these Terms and provided that you have a valid Subscription with us, We agree to grant you, as an individual consumer, a limited, revocable, nonexclusive, personal, non-transferable and non-assignable, term-limited license to install and use the Software and to access the Services, during your applicable Subscription Term, for personal and noncommercial and personal use, on the number of Devices and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, and subject to the System Requirements. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
As used herein:
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"License Entitlement" means the number and type of Devices and users that are permitted to download and use the Software and access the Services, as specified at time of purchase and in your account profile. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
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"Service Entitlement" means the scope and duration of the Services you purchased, as specified at time of purchase and in your account profile. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
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“Software” means any mobile, web, or desktop software applications and any other software (including any releases, updates, enhancements, or revisions) and any documentation that accompanies or is made available in connection with such software provided by Us to you for your use of the Services.
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"System Requirements" means the supported Devices and operating systems that the particular Service you subscribed to will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Services.
In addition to the license terms stated in this Agreement, open-source code components that are included with the Software are redistributed by Us under the terms of the applicable open-source license for such components. Your receipt of open-source code components from Us under these Terms neither enlarges nor curtails your rights or obligations defined by the open-source license applicable to the open-source code components. Copies of the open-source code licenses for the open-source code components that are included with the Software are included with or referenced in the Software’s documentation.
2.4 License Restrictions. You may not (and may not allow a third-party to):
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reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
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remove or destroy any copyright notices, trademarks, or other proprietary markings from the Services;
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attempt to circumvent any use restrictions applicable to the Services;
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modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services;
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use, copy, or distribute the Software without Our written authorization.
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use the Services to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed "not to use any ad blocking solutions", for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
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repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof;
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combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with Us;
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except with Our prior written permission, publish or perform any performance or benchmark tests or analysis relating to the Services;
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rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Services or any of your rights and obligations under this Agreement; or
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assault, interfere, deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services or bypass any measures We may use to prevent or restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
2.5 Plan Switching. In the event you switch your Subscription plan or selection, We will send you an email confirming the plan change, reflect any change in fees (including by providing a credit or amount owed) due to the difference in changing plans, and the Billing Cycle and Renewal Price for the updated plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.
2.6 Free Trials. From time to time, We may offer limited period free trial subscriptions to certain Services for a specified time (“Free Trial”) at our discretion. If We offer you a Free Trial, the specific terms of your Free Trial will be provided to you at signup and/or in the related promotional materials (such as, but not limited to, emails), describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms applicable to the Free Trial. Free Trials are only available to users who have not subscribed to a Service in connection with another Free Trial offer in the last 12 months (or other duration as clearly defined by Us in the terms provided during the registration process or applicable promotional materials for the applicable Free Trial offered to you). At any time, and without notice, We reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Us until the Free Trial has expired (i.e. end of your free trial period). You may cancel any time during the trial period and you will not be charged so long as you cancel at least 24 hours prior to the end of your Free Trial through your account dashboard. Unless you cancel during the aforementioned time frame, you will be automatically enrolled in the type of Subscription you selected at the time of your sign up and be charged the applicable Subscription Fees (plus any applicable taxes and fees). You will receive a receipt of the transaction accordingly.
2.7 Support; Cancellation; Refunds.
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Support. For support or assistance with any of our Services, you can contact Us via our Help Centre, or by contacting us here, or by email to support@totaladblock.com.
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Cancellation. You can manage your preferences and billing details related to your Subscription, or cancel your Subscription, directly by logging into your online account and selecting the “My Subscriptions” or “My Services” button located in the control panel of your account. This is the fastest and easiest way to cancel your Subscription(s) without speaking to support. For further details please visit here
Alternatively, if you require assistance with cancellation, you can contact Us with your request via our Help Centre, or by contacting us here, or by email to our support team at cancel@totaladblock.com.
You may choose to cancel any Services at any time during a Subscription Term, including where there is a change to the Services or this Agreement which you do not agree with, but acknowledge that you will not receive a refund of any Subscription Fees you have paid for your then-current Subscription, unless you have canceled within the window for refunds we offer as described in subsection C below or an exception applies. If you terminate or cancel your Subscription during your Subscription Term, you may continue to access the Services for the remainder of your Subscription Term, provided that you have paid for the Services in full and agree that any continued use of the Services shall at all times be and remain subject to the terms of this Agreement, including our rights to cancel. If you are enrolled in or have purchased more than one (1) Service from us, please be aware that each Service (including an add-on offer or feature) is treated as a separate Subscription for billing purposes and must be cancelled individually. In the event of your cancellation of a Service, any other Service(s) you subscribed to, other than the particular Service cancelled, will remain an active Subscription and must be managed separately.
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Refunds; Money-Back Guarantee. To receive a refund of Subscription Fees paid, you must cancel the relevant Service within the first (30) days of your Subscription Term if you are enrolled in an annual (or 12 months) Subscription plan, or within the first fourteen (14) days of your Subscription Term if you are enrolled in a monthly Subscription (each, respectively as applied, the “Refund Eligibility Period”), and submit a refund request to Total Security. You may cancel and request a refund of fees paid, for any reason, so long as your request is made within the aforementioned Refund Eligibility Period applicable to your Subscription. If you cancel within the specified Refund Eligibility Period (first 30 days for annual/12 months term Subscriptions, or first 14 days for monthly Subscriptions), you will be entitled to receive a full refund of the applicable Subscription Fees you paid for such applicable cancelled Service upon request. The ability to cancel and receive a full refund of fees paid during the applicable Refund Eligibility Period for each Service reflects our “Money-Back Guarantee”. Our Money-back Guarantee shall only accrue and apply to you upon your compliance with, and subject in all respects to, the terms and conditions of this Agreement, unless such refund is otherwise mandated by local laws or regulations applicable to you. Please note, we do not offer any pro-rated refunds if you wish to cancel or terminate your Subscription after your Refund Eligibility Period has passed.
Similar to our cancellation process for Services, because our Services (including add-on Services or features) are managed as individual Subscriptions for each Service – where you have purchased a Subscription for more than one (1) Service from Us (including any an add-on Service), requests for refund for Subscription Fees paid for each particular Service(s) must be submitted individually. Any cancellation or refund request for an add-on Service must be submitted within the first fourteen (14) days of the start of your Subscription Term for that add-on Service to be eligible for a full refund of the Subscription Fees paid, and such 14 days period shall be the Refund Eligibility Period for add-on Services. Such add-on Services include, but are not limited to: Safe Browsing (VPN), Unlimited Devices, Family Protection, Home Protection, Additional Device, AdBlock Pro, Password Vault, Advanced Cloud Scanning, Identity Protection, Smartphone Optimizer, Antivirus eBook, Priority Support, and Smartphone Protection.
To check your eligibility and request a refund, please contact our billing department at visit our Help Centre.
2.8 Payment Methods. Except Free Trials We may offer (if any), payment of a Subscription Fee is required to use the Services and a valid payment method is required to process the payment for your Subscription. You shall provide Us or our third-party payment processor with accurate and complete billing information, which may include full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Us to charge all Subscription Fees incurred through your account to any such payment instruments.
If you purchased a Subscription from Us, all amounts paid are non-refundable, except as otherwise stated in these Terms or required by applicable law. You further agree to be responsible for any applicable state, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. If you purchased through a third party or provided your payment information to a third party, your payment may be processed by such third party and be subject to additional terms or conditions.
If the billing method you provide is a credit or debit card (“Payment Card”), you: (a) represent that you are authorized to use such Payment Card; (b) authorize Us to charge your Payment Card periodically for the Subscription Fees when due, including upon enrollment for the Services and each subsequent Billing Cycle; (c) agree to keep your Payment Card details valid and current; and (d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer. If your Payment Card is declined when We attempt to charge it, We may try to charge it again at a later time. If We do not receive payment, We may suspend or terminate your Subscription.
We accept major credit and debit cards (e.g., Visa, Mastercard, American Express, Discover), PayPal, Apple Pay, and Google Pay, subject to availability in your region. We reserve the right to verify credit/debit card payments prior to completing your Subscription purchase. All payment information, including your Payment Card details, is securely tokenized and encrypted by our billing platform provider, Chargehive. Where available, network tokens will be used in place of your Payment Card number, which is a unique identifier provided by your card network.
In some jurisdictions, Total Security issued or branded gift cards may also be available to you as an eligible method of payment. Instructions for how to apply the balance of a gift card towards your account or Subscription Fees will be indicated on each card. If you have questions regarding the use of gift cards, please visit our Help Centre.
You may update your payment method or cancel your Subscription at any time via your online account dashboard.
2.9 Payment Processors. Your purchases or payment for the Services with Us may be handled by an authorized payment processing partner, service provider, or affiliate of ours. To find out more on how payment companies process your personal data, please refer to our Privacy Policy.
2.10 Fee Changes. We may change the fees that We charge for the Services at any time, at our sole discretion, provided that we will provide you with notice of such changes applicable to you via email, up to 30 days in advance if you have an annual Subscription, or 10 days in advance if you have a monthly Subscriptions. In the event we do not have an email address for you or your latest contact information (e.g. if you subscribed through a third-party provider or platform), your then-current Subscription plan details, including Subscription Fee, will be available in your account dashboard. It is your responsibility to review any notices We send you and to check your account dashboard or account info page for your latest Subscription information.
Unless otherwise specified in a notice to you, any changes to the Subscription Fees will take effect as of the Billing Cycle immediately following our notice to you.
2.11 Authorized Resellers; Purchase from Third Parties. To the extent applicable – certain of our Services may, from time to time, also be made available through authorized resellers or certain third parties. If you purchased or enrolled in our Services via a reseller or authorized third party, and not with Us directly, the third party or reseller you made your purchase with or received access from controls the billing arrangements between you and such third party. Should you have questions or any billing issues, please contact the third party or reseller you engaged with directly, as any disposition of refunds, if owed, is solely between you and the third party you enrolled with, and We will not be able to provide you with any refund. Enrolling or purchasing through a third party may also limit Our access to certain of your account or contact information. Notwithstanding the point of purchase, your access to and use of our Services shall remain subject to and be governed by these Terms.
2.12 Devices; Data Charges. A computer, mobile phone or device, or other equipment enabled to access the Internet (each, a “Device”) is required to utilize the Services. It is therefore your responsibility to ensure that you have, at all times, an active and stable internet connection. You are solely responsible for your Device(s), the costs and expenses associated with your Device, and for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Software and Services may vary and are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
You are responsible for any charges that may apply to your use of our Services or related websites, including text messaging and data charges if you access or use the Services or websites on your mobile or other device. If you're unsure what those charges may be, you should ask your mobile operator, internet, or other service provider before using the Services or related websites.
3. LEGAL TERMS; CONDITIONS OF USE.
3.1 Agreement to These Terms. You may only access and use the Service in accordance with these Terms. You represent that you have read, understood, and agree to be bound by these Terms in connection with your access to and/or use of the Services. If you do not agree to these Terms of Service, you may not access or use the Services. By using the Services, you will be deemed to have agreed to these Terms.
3.2 Eligibility. Our Services are available to users who are Eligible. “Eligible” means that (i) you are 18 years of age, or above the age of legal majority in your jurisdiction of residence (whichever is greater), or (ii) if you have not reached the age of legal majority in your jurisdiction, but have the permission of a legal parent or guardian to use the Service. Notwithstanding the foregoing, if you are under 13 years of age, then you are not Eligible and may not use or access the Service at any time, in any manner. By downloading, using, or accessing the Services, you represent and warrant that you are Eligible. Our Services are not available to persons who are not Eligible and will not be made available to any users who were previously suspended, terminated, or removed from the Services by Us.
3.3 User Accounts, Data, and Passwords. You are fully and solely responsible and liable for the content and data you enter into or process through our Services. You will need to register as a user and establish an account to access and use the Services. Registration as a user or subscriber to the Services may require both a username and a password. Your account is exclusively for you, and it should not be for use by other third parties for any purpose. Your usernames and passwords should be treated as confidential information. You may not sell, transfer or allow others to use your account credentials, and agree not to disclose your password to any third party. You may not attempt to gain unauthorized access to accounts of other users. Anyone with knowledge of both your username and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account, including your password and whether your password is with our Services or third-party service. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity that is not lawfully available for your use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud, illegal activity, or violation of these Terms, as determined in our sole discretion.
3.4 Access. Your access to, and right to use, our Services is subject your compliance with the terms and conditions set forth in this Agreement. To use Our Services, you must be Eligible, establish a user account, and enroll in a Subscription to the Services. In order to access and use certain Services, you may be required to download and install certain Software on a Device.
3.5 User Feedback or Submissions. If you provide any feedback, input, suggestions, ideas, and/or reviews or other comments relating to the Services to Us, either directly or through a third-party (such as, but not limited to, the Apple App Store) (“Submissions”), then you grant, to the maximum extent permitted by applicable law, Us and our affiliated companies a perpetual, irrevocable, worldwide, unlimited, transferrable, sublicensable, royalty-free, and nonexclusive license to access, use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, transform, display, and otherwise exploit your Submission in any media or medium, or any form, format, or forum, whether now-known or hereafter developed, to improve, develop, or market the Services, or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. Any provision of Submissions is voluntary and at your sole discretion. No compensation will be paid with respect to your provision of Submissions or our use thereof. We are under no obligation to post or use any Submissions you provide and We may remove any Submission at any time in our sole discretion. By providing Us any Submissions, you represent and warrant that you own (or otherwise control) and have all of the rights or consents to your Submission that are necessary for you to provide it, including intellectual property or other proprietary rights. You agree that: (a) all content of your Submissions must be accurate; (b) you will not provide a Submission that is known by you to be false, inaccurate or misleading, or may be reasonably considered to be defamatory, libelous, hateful, offensive, obscene, unlawfully threatening or unlawfully harassing to anyone, or otherwise illegal; (c) you will not provide a Submission that infringes, misappropriates, or otherwise violates another party’s intellectual property rights or other proprietary rights, including rights of publicity or privacy; (d) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (e) you will not provide a Submission for which you were compensated or granted any consideration by any third party; (f) you will not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (g) you will not provide a Submission that contains any malware or potentially damaging computer programs or files.
You are responsible for your Submissions and acknowledge that, once published, We cannot always remove them. Your Submissions are not confidential and shall not be deemed your confidential information, and We do not have any obligation to keep any such material confidential. By providing any Submission, you acknowledge and agree that We will be free to use any details, ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products or services incorporating such information, without restriction. You agree to waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Submissions.
3.6 Beta Features. We may also, in our sole discretion, make available new and/or updated beta features in the Services for your use. Your use of any beta features is voluntary and at your discretion. Use of certain beta features may subject you to payment of applicable fees. Any beta features are provided on an “as-is” basis, without any warranty, and you acknowledge and agree that your use of beta features is at your own personal risk. Certain beta features may be subject to additional terms or an agreement. You understand that beta features may be made available with mechanisms that may permit or enable you to provide or communicate Submissions relating to the beta features and related Services to Us. If you choose to provide Submissions relating to any beta features or related Services, We are entitled to use any such Submissions in accordance with the terms of Section 3.5 above.
3.7 Updates. We may, from time to time, develop and provide updates for the Services and Software, which may include upgrades, bug fixes, patches, error corrections, and/or new features, functionality, tools, content or other changes (collectively, “Updates”). Updates may also modify or delete certain features, functionality, tools, or content in their entirety. If you do not download and install the most recent Updates, portions of the Services or Software may not operate properly. You understand and agree We reserve the right to make changes to our Services or Software, or the Subscriptions We offer, and We have no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools, or content. All Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms, as may be revised or amended from time to time, including with Updates.
For the mobile app, depending on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. We suggest that you promptly download and install all Updates as they become available.
3.8 Monitoring of Customer Service Sessions. We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant Us permission to (a) monitor and record any customer service sessions involving you; (b) use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; (c) respond to claims asserted against Us or our affiliates; (d) enforce and to ensure (including any investigations needed) a user’s compliance with these Terms; (e) conduct risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues; (f) protect Our and our affiliates’ rights or property, or safety of the Services and its other users or members of the public; and (g) provide the Services to you or other users and/or to improve or enhance the types of Services We may provide in the future.
3.9 Privacy. We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. By participating in the Services, you acknowledge that you have reviewed and understand Our Privacy Policy and accept the practices described therein.
3.10 Availability of Services; Force Majeure. Due to the nature of the Services, actual coverage, speeds, server locations, and quality of Services may vary. We aim to improve and provide Services at all times, but operation of the Services are dependent on the internet and third-party internet connections, equipment or infrastructure, as well as third party service providers. From to time to time, Services may be not available without a prior notice or Our liability, including when (a) We test, update, expand, add, or remove our Services, features, functionalities, including those required to reflect changes in relevant laws and regulatory requirements (b) We experience temporary interruptions due to technical difficulties, maintenance or human errors; or (b) Force Majeure Event (as defined below) cause interruption to the Services.
Neither party will be responsible or have any liability for any delay or failure to perform, or inadequacy in performance, to the extent caused by unforeseen circumstances or causes beyond a party’s reasonable control (“Force Majeure Event”), which may include natural disaster (such as earthquake, fire, flood, severe weather, or pandemic), sanctions, embargoes, strikes, labor disturbances, civil unrest or riots, unavailability or delay of suppliers or licensors, riots, acts of terrorism or criminal activity, war, failure or interruption of the internet or related infrastructure, power failures, acts or orders of civil and government authorities, or any other act of God; provided that each party will use reasonable efforts to limit the resulting delay or failure in its performance and the foregoing shall not alleviate any applicable payment obligations.
3.11 Third-Party Offerings. We may offer, make available, or provide you access to certain third-party content, information, or materials (“Third-Party Content”) and/or products, services, offerings, platforms or websites provided by third parties (“Third-Party Services”), including, but not limited to, through websites that hyperlink to our website, or to which We hyperlink or otherwise make accessible through our Services (collectively “Third-Party Offerings”). Third-Party Offerings are not provided by Us, and We do not control, or bear any responsibility for Third-Party Offerings, including such third party’s provision of their products, services, content, or offerings, or such third party’s use of any information you may provide them in your access or use of Third-Party Offerings. You understand and agree that your access and use of Third-Party Offerings may be subject to additional terms and conditions that apply between you and the provider of the applicable Third-Party Offering(s), and these Terms will not apply to your use of Third-Party Offerings or your interactions with their providers. How third parties handle and use your information or data collected, processed or used in connection with its Third-Party Offerings is governed by the offering provider’s security, privacy, and other policies, if any, and not Our terms or policies. If you choose to access or use any Third-Party Offerings, including, without limitation, through third-party payment vendors while using the Services, you acknowledge and agree that your data or personal information may be available to the provider(s) of such Third-Party Offering(s). You acknowledge and agree that (a) We are not responsible or liable for (i) the availability, reliability, or functionality of these Third-Party Offerings, including whether any information provided therefrom is complete, accurate, or up-to-date, or (ii) the terms, policies, or practices of such Third-Party Offerings’ providers; and (b) We shall, under no circumstances, be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Offering.
Links to any Third-Party Offering, and the availability, display, or use of any Third-Party Content in the Services, do not imply that We endorse any such Third-Party Offerings, or any affiliation between Us and its provider(s).
3.12 Prohibited Conduct. BY USING THE SERVICES, YOU AGREE NOT TO:
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Send or transmit unsolicited advertisements or content (i.e., “spam") over the Services.
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Send, post, or transmit over the Services any content that is illegal, hateful, threatening, insulting, deceptive, fraudulent, damaging, libelous, or defamatory; that infringes Our or ant third parties’ intellectual property or other proprietary rights; that invades privacy rights, laws, or regulations; or that incites violence or any unlawful behavior.
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Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner / licensor of the proprietary content.
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Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
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Engage in any conduct that restricts or inhibits any other subscriber from using or enjoying the Services.
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Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
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Attempt to compile, utilize, or distribute a list of IP addresses operated by Us in conjunction with the Services.
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Use the Services for any commercial use, it being understood that the Services are for personal, non-commercial use only;
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Use the Services if you are not Eligible;
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Intentionally interfere with or damage the operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malware or malicious code.
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Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof; or
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Remove, circumvent, disable, damage, or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Services.
3.13 Additional Applicable Terms.
3.13.1 General. Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) or Service Specific Terms, and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third-party or a reseller may not include all of the same features as a Subscription purchased through Us directly). Not all features may be available on all devices. Depending upon the Services you subscribe or register to use, you may be subject to Additional Rules. Features may be added, changed or removed during a Subscription Term, which may also affect the applicable terms and conditions of use. We, or an applicable third-party provider, may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant offering, area, feature or functionality subject to such terms. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control with respect to the scope of which they apply. Any reference to the “Terms” in this Agreement includes the Additional Rules.
3.13.2 App Store Terms.
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If the Software or any Service is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you and your use, in addition to all the other terms set forth in these Terms:
(i) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services.
(ii) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer (you). Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by its applicable customer agreement.
(iii) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(iv) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(v) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
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If the Software or Service is provided to you through the Google Play Store (“Google-Sourced Software”), then the following terms and conditions apply to you and your use, in addition to all the other terms set forth in the Terms:
(i) you acknowledge that these Terms, including the Google-Sourced Software are between you and Us only, and not with Google, Inc. (“Google”);
(ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
gg (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(iv) We, and not Google, are solely responsible for Our Google-Sourced Software;
(v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
(vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Our Google-Sourced Software or Services and Software We make available as Google-Sourced Software.
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If you access or use our Software or Service downloaded from any other online app store, platform, or marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, HUAWEI AppGallery, or similar) (“Other Stores”), you acknowledge and agree that you (i) your access is subject to such Other Stores’ then-applicable terms of service and (ii) have or will have read and agrees to the terms of service and privacy policies that apply to such Other Stores. We are the licensor of Our Software and the provider of Our Services. These Other Stores are not party to these Terms and have no obligation to provide maintenance and/or support of Our Software or Services.
3.13.3 Service Specific Terms. Certain Services offered from time to time may be subject to additional terms and conditions. Your use of these Services specified below, as applicable, are subject to the following additional Service Specific Terms and any hyperlinked terms for each offering specified herein, which are hereby incorporated by reference and via hyperlink.
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Total Drive – For users of Total Drive, in the event we are unable to process payment for your Subscription on your applicable renewal date and payment due date, your Total Drive account and its content will be entered into a suspended state and remain stored with Total Security for a 45-days grace period. If no payment is received after this 45-days grace period, your account will be deemed abandoned and all content stored with your account will be permanently deleted at such time. Please note, once content has been deleted, such content cannot be recovered. If you make payment during the applicable 45-days grace period, your account will be restored to active state when payment is processed and your Subscription will resume as of the date of payment. Depending on when payment is processed, your Subscription Term and applicable Billing Cycle may be reset based on the date of payment.
In using the Total Drive Services, you must not, and may not try, or assist anyone else in engaging the following activities in connection with the Services, in addition to the conditions and restrictions otherwise stated in our Terms:
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probe, scan or test the vulnerability of any system or network, unless done so in compliance with our requirements and with our permission;
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breach or otherwise circumvent any security or authentication measures;
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access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
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interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
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access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example "scraping" or creating accounts in bulk);
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send unsolicited communications, promotions or advertisements, or spam;
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send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
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promote or advertise products or services other than your own without appropriate authorisation from Us or our Affiliates;
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abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
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circumvent storage space or other account limits, or abuse any such limits (e.g. user limits);
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sell or monetize the Services, or your account or subscription for the Services, unless specifically authorised to do so by Us, or purchase the Services from an unauthorised seller;
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use the Services to back up, or as infrastructure for, your own cloud services;
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use the storage space provided by the Services as the basis for cryptographic proof-of-space or proof-of-storage, or any similar proof system;
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engage in any type of payment fraud, including unauthorised use of credit cards or other payment methods, illegitimate chargebacks, or any other method of obtaining the Services without required payment;
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publish, share, or store materials or content that is illegal or that of which constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors), unlawful pornography, or are otherwise indecent;
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publish, share or store content that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda;
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advocate bigotry, hatred or the incitement of violence against any person or group of people based on their race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, disability, impairment or any other characteristic(s) associated with systemic discrimination or marginalisation;
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use our Services or its capabilities to harass, abuse, threaten, or spam another person or persons;
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violate the privacy or infringe the rights of others, including by publishing, sharing, or storing other people’s confidential information, identifying information, or intimate imagery without authorisation for the purposes of harassing, exposing, harming, or exploiting them;
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otherwise violate the law in any way, including storing, publishing, or sharing content which depicts, promotes, or instructs on illegal activity, is fraudulent, defamatory, misleading, or exploitative, or that infringes the intellectual property rights of others.
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Total Password – For users of Total Password, in the event we are unable to process payment for your Subscription on your applicable renewal date and payment due date, your Total Password account and its content will be placed on suspension for a grace period of up to 120 days. During this 120-days grace period, your content will be maintained, and you may resume using your Service and access your contents if you remit the applicable Subscription Fees due prior to the end of this period. If you remit payment during this grace period, your account will be restored to active state when payment is processed and your Subscription will resume as of the date of payment. Depending on when payment is processed, your Subscription Term and applicable Billing Cycle may be reset based on the date of payment. However, if no payment is received prior to the end of such grace period, your account will be deemed abandoned and all of its content will be permanently deleted. Once content has been deleted, such content cannot be recovered
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Continuous Protection Service – If you enroll in our “Continuous Protection Service” feature or add-on made available with certain of our services, this Service will provide you with access to a suite of value-added features designed to enhance your Subscription benefits. These may include, for example, an additional profile on Total AdBlock, or an additional license for TotalAV, depending on your Subscription tier. If you wish to utilize and maintain access to this Service, you must: (i) keep auto-renewal preferences enabled via the “My Subscriptions” section of your account portal; and (ii) maintain an active account with us, such that your billing information is current and you maintain a recurring billing relationship with us. If you cancel your Subscription or disabled auo-renewal for the Service that this Service is used with (e.g. Total AV or Total AdBlock), or your billing status becomes inactive, access to the Continuous Protection Service will be suspended within forty-eight (48) hours. However, your access to Continuous Protection Service may be reinstated following reactivation of your related Service Subscription.
Total Security adheres to applicable laws and regulators, and endeavors to enforce our policies fairly and consistently. To protect our users and comply with legal requirements, we reserve the right to take swift and appropriate action in response to violations of these Terms, which could include removing or disabling access to content or materials within a user’s account, suspending a user’s access to the Services, or terminating an account.
By using these particular Services, you also agree to the Service Specific Terms applicable to each respective Service(s), in addition to these Terms. If there is any conflict or inconsistency between clauses in these Terms and the Service Specific Terms applicable to each offering, the Service Specific Terms shall govern and apply in relation to the offering to which it applies.
3.14 Export.
The Services, or certain portions thereof, may be subject to United States export controls. We reserve the right to limit, in our sole discretion, the availability of our Services, or any portion thereof, to any person, entity, geographic area, or jurisdiction at any time. By downloading and using our Service, you certify that you are not a target of any sanctions regime, and you do not reside in, nor will you access our Service or Software from, a country from where such access is prohibited under any applicable sanctions regime. You may not export or re-export any aspect of the Services without (a) Our prior written consent, (b) complying with any applicable export control laws or regulations, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”).
If We, at our sole discretion, reasonably determine that We cannot implement or provide the Services in a manner to exclude access to Controlled Information where required, then you acknowledge and agree that you will not be provided access to the Services if you are in a country or territory that is subject to such regulation.
3.15 Intellectual Property Rights; Ownership.
All aspects of the Services and their content, features, and functionality are owned by Us, our affiliates, our licensors, or other content or Third-Party Offering suppliers, and are protected by copyright and other intellectual property laws. As between Us and you, We owns and retains all right, title and interest in and to the Services, (including, for clarity, the Software, and any related offering materials or documentation), including all ownership and Intellectual Property Rights therein. For purposes of these Terms, “Intellectual Property Rights” means all rights in and to: copyrights, patents, trade secrets, trademarks, service marks, trade dress, domain names, databases and other compilations and collections of data or information, any moral rights or rights to publicity and privacy, and other intellectual property anywhere in the world, whether statutory, common law, or otherwise, now known or later created. The details of the limited license under which you are permitted to use the Services or Our offerings are described in these Terms. “TotalAV” and “Total Security” are trademarks of Total Security Limited, all rights are reserved. Other product names, logos, brands, or other trademarks referenced or featured within the Services are or may be the property of their respective trademark holders. Any rights not expressly granted in these Terms are reserved by Us (or our licensors and suppliers, as applicable).
The (a) Services and Software (including any releases, revisions, updates, enhancements, features, or functionalities thereto, and all content, text, data, information, visuals, images, compilation, code, or other materials embodied therein or derived therefrom), as well as (b) any documentation that accompanies or is made available in connection with Software or Services (including any subscription or purchase information, product packaging, or other product material or documentation) ((a) and (b) collectively, “Our Materials”), are owned by Us or our licensors or suppliers. As between Us and you, We own and shall retain any and all rights in and to Our Materials, including all Intellectual Property Rights therein. Any Software that We provide to you is licensed, not sold to you. Except as otherwise expressly permitted under these Terms, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of Our materials. We retain all rights to Our Materials not expressly granted in these Terms.
3.16 Termination; Withdrawal.
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Termination by Us. We may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms, or any other unacceptable or objectionable use of the Services, as determined by Us in Our sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that We will not be liable to you or any third-party for any such termination.
If We terminate your access for reasons other than your breach of these Terms during Subscription Term where you are a paid subscriber, you may be entitled to a pro-rated refund of your prepaid Subscription Fees based amount paid in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at Our sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact Us via Support or email address in your account dashboard and describe the circumstances relating to the termination or suspension of your access to the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
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Termination by You. You may terminate this Agreement, at any time, by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services. However, your responsibility for anyone who obtains, accesses, or uses the Services through you or your account (including the responsibility described in Section 3.3 (User Accounts, Data, and Passwords)) and your obligations under the sections that will survive termination of the Agreement specified in Section 3.23 (Survival) will survive termination for any reason.
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Withdrawal from the Agreement. Customers who are a resident of the U.K. or the E.U. also have right to withdraw from the Agreement within fourteen (14) calendar days of entering into the Agreement (i.e. 14 days from your date of enrollment and acceptance of these Agreement terms), without giving reason. In order to exercise your withdrawal right, you must notify us i) via mail or delivery service to Total Security Limited, 16-18 Barnes Wallis Road, Segensworth, Fareham, Hampshire, United Kingdom, PO15 5TT; or ii) via email to withdrawal@totaladblock.com by means of a clear statement (e.g. a letter sent by mail, fax or email) about your decision to withdraw from the Agreement.
You may use the below sample withdrawal form, which is not mandatory, as a form of clear statement stating your withdrawal. If you make use of this option, please populate the sections in brackets within the form with your details and submit the form to us via one of the methods described above, and we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail) upon our receipt of your completed form.
Sample Withdrawal Form:
To: Total Security Limited,16-18 Barnes Wallis Road, Segensworth,Fareham, Hampshire, United Kingdom, PO15 5TTE-Mail: withdrawal@totaladblock.comI/we(*), [your name], hereby withdraw from the agreement between Total Security me/us(*) for the purchase of [name of good or product] / provision of [name of service](*), concluded on [please insert date].
Date of enrollment: [original sign up/purchase date]
[Your name][Your address][Your signature] (Only necessary if you send us a notice on paper)[Date](*) Please delete as appropriate.
If you withdraw from the Agreement within the eligible period, we agree to refund to you all fees prepaid for the remaining portion of your Billing Cycle we have received from you, including delivery costs (other than any additional costs resulting from you choosing a delivery method other than the cheapest standard delivery offered by us). The refund shall be promptly processed, no later than fourteen (14) calendar days from the date we receive notice of your withdrawal from the Agreement, provided that the request for refund in specified in your notice of withdrawal received by us. This refund will be provided through the same means of payment that you used for the original transaction that paid for your applicable Subscription Fee and we will not charge you any fees or this refund, unless expressly agreed with you otherwise. However, please note that Total Security is not responsible for any transaction fees or charges that may be incurred from your financial or banking institution (e.g. foreign transaction fee).
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Effect of Termination. Upon any expiration or termination of this Agreement, including termination of your Subscription by us, you must stop using the Services, delete or destroy all copies of the Software, from all Devices, and cease use, return, or destroy any of Our Materials in your possession.
Where you voluntarily choose to cancel or terminate your Subscription during a Subscription Term, you will have access to the Services for the remainder of your then-current Subscription Term, provided, however, that any such access or use of the Services shall remain subject to and governed by these Terms.
3.17 Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold Us (including our affiliates) and our respective officers, directors, shareholders employees, agents, suppliers, vendors, contractors or subcontractors, resellers, third-party partners, and licensors (collectively, the “Indemnified Parties”) harmless from and against all claims, actions, and proceedings, and any associated losses, damages, liabilities, including legal fees and expenses, arising from or related your use or misuse of the Services, or your breach of these Terms (including of any representations, warranties, and covenants you made herein). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to indemnification upon becoming aware of it.
3.18 Disclaimers; No Warranties. THE SERVICES AND WEBSITES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS: WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR CONCERNING RESULTS OBTAINED FROM A USER’S USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT (A) YOUR USE OF THE SERVICES, OR ANY RESULTS OR OUTPUT THEREOF, WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY, (B) THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, OR ACHIEVE ANY INTENDED RESULT, (C) THE SOFTWARE OR SERVICES, OR OUTPUT THEREOF, WILL BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE, OR (D) THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO ASSURANCES, REPRESENTATION, OR WARRANTY, WHATSOEVER, REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, RELIABILITY, SUITABILITY, FUNCTIONALITY, SECURITY, AVAILABILITY, PERFORMANCE OF THE SERVICES OR OPERATION THEREOF, INCLUDING ANY CONTENTS, OUTPUTS, OR RESULTS PROVIDED THEREFROM OR THROUGH YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION THEREFROM. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY OFFERING, WHICH ARE PROVIDED AS-IS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY OFFERING IS STRICTLY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY OFFERING PROVIDER. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE EXCLUSIONS AND TERMS MAY NOT APPLY TO YOU. CONSUMER RIGHTS MAY VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION. TO THE EXTENT YOU MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAWS IN YOUR JURISDICTION, NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
Also, when using the Services, you understand that information will be transmitted over a medium that is beyond Our control and jurisdiction, or that of Our partners, advertisers, sponsors, or service providers. Accordingly, We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
3.19 Limitation of Liability; Damages. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL: (A) WE (OR OUR INDEMNIFIED PARTIES) BE RESPONSIBLE FOR OR LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE ARISING FROM OR RELATED TO ANY LOSS OF DATA, LOSS OF PROFIT, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR PERSONAL INJURY OR WRONGFUL DEATH), WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY OF LIABILITY (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE), HOWEVER ASSERTED, INCLUDING EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR (OR OUR INDEMNIFIED PARTIES’) TOTAL LIABILITY IN ANY WAY ARISING FROM OR RELATED TO THESE TERMS OR YOU USE OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (I) SUBSCRIPTION FEES THAT YOU PAID OR ARE PAYABLE BY YOU TO US FOR THE APPLICABLE SERVICES DURING YOUR LAST SUBSCRIPTION TERM, OR (II) ONE HUNDRED DOLLARS (U.S. $100). FOR CLARITY, THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY OFFERINGS MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS CONSTITUTE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU, REFLECTING A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN US AND YOU, AND THAT WE HAVE OFFERED THE SERVICES AT THE APPLICABLE PRICES IN RELIANCE ON YOUR AGREEMENT TO EACH OF THESE TERMS. WE WOULD NOT, AND WOULD NOT BE ABLE TO, PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND YOUR AGREEMENT TO THE TERMS.
We acknowledge certain jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, and agree that, to the extent you have additional rights under applicable laws of your jurisdiction, certain of these terms may not apply to you and these terms are not intended to affect your applicable rights.
3.20 Dispute Resolution.
3.20.1 Dispute Resolution for Users in the United States; Individual Arbitration.
Please read the terms in this section carefully as they affect your legal rights.
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Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting Us via Support or customer service email address appearing in your account dashboard. If customer service is not able to resolve your concern or complaint to your satisfaction, you agree to give Us a fair opportunity to resolve any complaint, claim or dispute you may have informally and shall provide Us with a written notice of your claim in the manner described in the Notices; Contact Us section, so that We can cooperate with each other to try to address the matter amicably prior to engaging in any formal dispute resolution proceedings.
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In the unlikely event that customer service is unable to resolve a complaint you may have regarding the Services or Us, or We have not been able to resolve a dispute with you after attempting to do so informally, then either party may proceed with formal dispute resolution. If you are a United States based customer or a customer in a jurisdiction where binding arbitration is permitted under applicable law, then you agree any complaint or dispute not informally resolved with Us (including Our service providers, affiliated entities, or Indemnified Parties) shall be resolved through binding arbitration as described in this subsection (B) and the Arbitration Agreement set forth in the following subsection (C). The Arbitration Agreement requires you to resolve all disputes, claims, or controversies (other than those expressly exempted in this Section 3.20) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
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Arbitration Agreement.
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Mandatory Arbitration of Disputes. You, on the one hand, and Us (including any of Our service providers, affiliated entities, or Indemnified Parties subject to a claim or dispute), on the other, hereby each expressly agree that any dispute, claim or controversy arising out of or relating to these Terms (including the breach, termination, enforcement, interpretation, applicability, or validity thereof or portions thereof, such as this Arbitration Agreement or any policies incorporated into the Terms by reference) or the Services or use thereof (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Us agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Us are each waiving the right to a trial by jury and the right to participate in a class action. This arbitration provision shall survive termination of these Terms.
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Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Either party may initiate arbitration proceedings. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
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Exceptions. As limited exceptions to Section 3.20.C.i. above: (a) each party may seek to resolve a Dispute in small claims court if it qualifies; (b) each party shall retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights; and (c) if you are a customer who resides in a jurisdiction where you have a legal right to opt out of arbitration in accordance with laws applicable to you – you may exercise your legal right to opt out.
If you qualify for the exception stated in subsection (c) herein, you must notify Us of your election to opt out of this Arbitration Agreement in writing in accordance with the requirements set forth in the Notices section within thirty (30) calendar days of becoming subject to the Terms (I.e. within thirty (30) days of first access or using the Services). If you do not opt out of the Arbitration Agreement within such period, you shall be bound by the terms of the Arbitration Agreement and have agreed to arbitrate any Claims you may have, on a non-class, individual basis, in accordance with the terms herein. If you opt out of only the arbitration provisions, and not also the class action waiver set herein, then the class action waiver shall still apply to you. Your opt-out notice must include your legal name and address, the email address you used to set up your account for the Services (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement (and, if applicable and you so wish, that you want to opt out of the class action waiver). Opt-out notices submitted via email will not be effective.
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Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We agree to pay for the applicable fees We are responsible for and will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will be responsible for all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
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Injunctive and Declaratory Relief. Except as provided in Section 3.20.C.iii. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
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Class Action Waiver. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
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Severability. With the exception of any of the provisions in Section 3.20.C.vi. of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
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In the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable, and except any claim properly lodged in a Small Claims Court of the United States (which may be within the county where you reside or in New York, New York), you agree that any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services will be brought in the courts of New York, New York, and you hereby expressly consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity. If you reside in a country (including countries of the European Union) where laws provide consumers the right to bring disputes in their local courts, then, in such cases, mandatory provisions of the local laws of your country of residence shall apply.
3.20.2 Dispute Resolution for Users Outside of the United States.
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You and Total Security 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 (including your use of the Services) or its subject matter or formation.
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Alternatively, you may raise the dispute with an alternative dispute resolution body in your home jurisdiction (including, if you are located in the European Union and the United Kingdom remains a member state of the European Union at the time of the dispute or participates under any transitional arrangements or any new trade deal) via the EU Commission's Online Dispute Resolution (ODR) Platform.
The terms of this Section 3.20 shall survive any termination, cancellation, or expiration of this Agreement.
3.21 Notices; Contact Us
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Notices.
Except as otherwise specified herein, all notices must be provided in writing and will be deemed given when: (a) personally delivered to recipient, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response.
Please note email alone is insufficient for providing non-routine legal notices, such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Us. Non-Routine Notices shall be provided in writing to Us pursuant to the instructions described herein:
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For users based in the United States, any notices you provide must be sent to Us via postal mail or delivery service to:
Total Security U.S. LLC250 Northern Ave., 3rd FloorBoston, MA 02210Attn: Legal Department -
For users based outside of the United States, any notices you provide must be sent via postal mail or delivery service to:
Total Security Limited,16-18 Barnes Wallis Road, Segensworth, Fareham, HampshireUnited Kingdom, PO15 5TTAnd via email to support@totaladblock.com and legal@pointwild.com
You may grant approvals, permission, extensions, and consents by email to support@totaladblock.com or billing@totaladblock.com
Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from Us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Us in writing of any changes to such details.
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Contact Us.
If you have any questions about these Terms, please contact Us at the below addresses, via email to support@totaladblock.com:
Total Security U.S. LLC250 Northern Ave.,3rd Floor, Boston, MA 02210United States
Total Security Limited16-18 Barnes Wallis Road,Segensworth, Fareham, HampshireUnited Kingdom, PO15 5TT
3.22 Governing Law.
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Users in the United States. For all users based in the United States, these Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any provisions that would require the laws of another jurisdiction to apply. UCITA, the UCC, and the UN Convention on Contracts for the International Sale of Goods will not apply. However, some countries (including countries of the European Union) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer’s country. In such cases, mandatory provisions of the local laws of your country of residence apply.
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Users Outside of the United States. For users outside the United States, these Terms and any non-contractual obligations arising out of, or in relation to this Agreement, 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 to this Agreement.
3.23 Survival. Upon termination or expiration of these Terms for any reason, provisions which by their nature should survive termination of these Terms shall survive. For clarity, such shall include: Section 3.5 (User Feedback or Submissions); Section 3.15 (Intellectual Property Rights; Ownership), Section 3.17 (Indemnification), Section 3.18 (Disclaimers; No Warranties); Section 3.19 (Limitation of Liability; Damages); Section 3.20 (Dispute Resolution; Individual Arbitration), Section 3.22 (Governing Law), Section 3.23 (Survival), and Sections 3.24.I – L (Severability, No Waiver, Interpretation of the Terms, and Entire Agreement).
3.24 Miscellaneous.
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Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. It is Our policy to comply with the DMCA and respond to notices of alleged copyright infringement. For more information, please go to our DMCA Notification page.
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Notice to California Residents. You may reach Us at the contact information provided in the "NOTICES; CONTACT US" section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail or by telephone, details of which can be located on their website.
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Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from Us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
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Law Enforcement and Public Interest. Nothing contained in these Terms prevent Us from disclosing your information to third parties if We determine that such disclosure is reasonably necessary to: (i) comply with any applicable law, regulation, legal process, or appropriate government request; (ii) protect any person from death or serious bodily injury; (iii) prevent fraud or abuse of the Services or our users; (iv) protect Our rights, property, safety, or interest; or (v) perform a task carried out in the public interest
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No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Us.
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Third-Party Beneficiaries. Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
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Assignment. These Terms, and any of your rights, licenses, or obligations hereunder, may not be transferred or assigned by you, by operation of law or otherwise, without Our express written consent. We may assign, transfer, or sublicense any or all of Our rights under these Terms without restriction and without notice to you. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon, and inure to the benefit of, the parties’ permitted successors and assigns.
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Modification. We may update or make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms on our Website or through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. It is important that you review these Terms whenever We modify it because your continued use or access of any of the Services after We post any changes, indicates your agreement to the modifications and updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Us in its sole discretion, We will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the email address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services and on our website(s). Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
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Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, then that provision will be limited or eliminated from these Terms to the minimum extent necessary. Unless otherwise expressly provided herein, the invalidity or unenforceability of any eliminated terms will not affect the validity or enforceability of any other remaining provision, all of which will remain in full force and effect.
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No Waiver. Any failure to exercise or enforce any right or provision of these Terms will not constitute or operate as our waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us. Any cause of action arising out of or related to the Service by you against Us must commence within one (1) year after the cause of action accrues.
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Interpretation of the Terms. These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. The English language version of these Terms will be the version used when interpreting or construing these Terms, and any notices or other communications in connection with these Terms will be provided in the English language. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of the meaning of any particular provisions. The words “including” and “for example” or “e.g.,” and words of similar import, are not limiting or exclusive and will be deemed followed by “without limitation,” whether or not such language is included. Any rights and remedies provided for in these Terms are cumulative and are in addition to, and not in lieu of, any other rights and remedies available under applicable law.
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Entire Agreement. These Terms (including any documents or hyperlinked terms incorporated here by reference) constitute the entire agreement between you and Us concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.