NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY, BEFORE PLACING YOUR ORDER AND BEFORE SUBMITTING ANY PERSONAL INFORMATION VIA THIS WEBSITE, AS IT CONSITUTES THE LEGAL AGREEMENT BETWEEN YOU AND BITDEFENDER.
By using this Website, placing an order with Bitdefender on this Website or through other means, clicking the "buy" button, or checking the terms and conditions box, you agree to these Bitdefender Terms and Conditions set forth below, including, without limitation, Bitdefender Privacy Policy.
BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY PLACING THE ORDER FOR THE BITDEFENDER SOLUTION IN ANY WAY, BY USING THE WEBSITED, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS TERMS AND CONDITIONS WHICH TOGETHER WITH THE PRIVACY POLICY, ANY PLAN OR FEATURE LIMITATION, EULA, BITDEFENDER SOLUTION DISCLAIMER OR OTHER RESTRICTIONS PRESENTED TO YOU IN THE BITDEFENDER SOLUTION CONSTITUES AGREEMENT (collectively, the “AGREEMENT”).
Bitdefender Privacy Policy is part of this Agreement and is available at the following link: https://www.bitdefender.com/site/view/legal-privacy-policy-for-home-users-solutions.html.
BITDEFENDER SRL or any of its Affiliates (“Bitdefender”, "We", "Us" or "Our"), with its official headquarters in Bucharest, 6th District, 15A Sos. Orhideelor, Orhideea Towers Building, registered in the Bucharest Trade Register with number J40/20427/2005, fiscal code RO18189442, produces and offers data security solutions and services- Bitdefender Solutions.
The Agreement applies to all purchases of Bitdefender Solutions made or confirmed through this website and/or through mobile app or through other mutually agreed upon means. You understand and agree that this Agreement is enforceable against you and any entity with which you are employed or affiliated and on whose behalf the Bitdefender Solutions are used. If you are entering into this Agreement on behalf of yourself and such entity, you represent that you have the authority to bind the entity to this Agreement.
The terms "You" and "Your" refer to you, individually, and to each such entity.
You hereby represent and warrant that You have CAREFULLY read and understood this Agreement, that You are of legal age under the laws of Your country (e.g., eighteen years of age or older in the European Union and United States), and that You accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions.
THE AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THE AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST BITDEFENDER.
If the order is placed and/or the Bitdefender Solution is initiated, downloaded, from the websites or market store(for paid or trial use purposes), this Agreement will be accepted and a contract formed when the end user (“You”) selects an "I Accept", "OK" or "Yes" button or box below prior to download or installation. The Agreement is made available on Bitdefender websites as well for your reference.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT CONTINUE THE PURCHASE PROCESS OF THE BITDEFENDER SOLUTION AND DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT BITDEFENDER FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE THIRTY (30) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE.
REGISTRATION. By accepting this Agreement, You agree to buy Your Bitdefender Solution. Registration requires a valid activation code available in the transaction documentation from the Bitdefender.
Bitdefender reserves the right to reject Your submission of an order to purchase Bitdefender Solutions ("Order") at any time and without any liability to Bitdefender if, in Bitdefender's sole discretion, it is unable to process or fulfill Your Order. Bitdefender shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).
Promptly following any rejection by Bitdefender of Your Order, Bitdefender will refund any prior payments that You have made for the Bitdefender Solutions included in that Order.
You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow Bitdefender to fulfill Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information via Bitdefender Central account by Your request submitted to Bitdefender Support.
If You provide any information that is untrue, inaccurate, or incomplete, or if Bitdefender has reason to believe that the information You provided is untrue, inaccurate, or incomplete, Bitdefender may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Bitdefender Solution; and/or (c) terminate this Agreement.
You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify Bitdefender of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You.
Also Registration requires a valid Bitdefender Account that includes a valid email address for renewal and other notices and a valid Bitdefender Solution subscription. The Bitdefender Account is mandatory for the use of the Bitdefender Solution, as stated in the Documentation.
You warrant that you are the legal owner of the email address and you have all the legal rights to create your account. Please acknowledge that installing on your device the Bitdefender, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies. You as administrator have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, remove temporary files, registry keys and browser data, scan applications and files on your device. Bitdefender shall not be held responsible for any damages resulting from privacy, data loss caused to you.
This Agreement covers Bitdefender Solutions for the permitted number of users or devices as detailed in the purchasing documentation, including related documentation and any update and upgrade of the applications delivered to you under the purchased subscription or any related services as defined in the documentation.
This Agreement is a legal agreement between You (either an individual or a legal person) and Bitdefender for use of Bitdefender Solution identified above, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "Bitdefender Solution"), all of which are protected by international copyright laws and international treaties.
Price and Payment
Prices are as specified on the Website; however, Bitdefender reserves the right to adjust prices in its sole discretion due to increases in costs (including, without limitation, delivery costs or costs of any materials), the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or any programming, data or other errors. Prices for the Bitdefender Solutions are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.
Prior to delivery of Bitdefender solution, Bitdefender will notify You in writing via email of any price increases (a "Notification Email"). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email, You may cancel Your Order for the Bitdefender Solution for which the price was increased via Bitdefender Central account or by Your request submitted to Bitdefender Support.
If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Bitdefender Solution as set forth in the Notification Email.
You shall make payment for Your Order prior to Bitdefender Solution delivery and by one of the methods that are indicated on the Website (or by such other method as may be mutually agreed upon in writing by You and Bitdefender). When You place Your Order, Bitdefender will charge the credit or debit card that You provided to Bitdefender. If You do not pay applicable taxes to Bitdefender for the Bitdefender Solution, You must report and pay any applicable taxes to the appropriate governmental agencies.
Bitdefender reserves the right to verify Your credit or debit card payments. In case of any non-payment to Bitdefender following Bitdefender Solution delivery, Bitdefender shall have the right to repossess and resell such Bitdefender Solutions, and You hereby grant Bitdefender and its designated agents all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the Bitdefender Solutions, or otherwise repossess or reclaim the Bitdefender Solutions from You.
As between You and Bitdefender, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.
Delivery; Risk of Loss; Title
All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Bitdefender Solutions will be delivered by a given date.
Delivery will be made to the address You provided to Bitdefender for Your Order. You must immediately notify Bitdefender via Bitdefender Support of any errors or omissions in the Bitdefender Order confirmation notice at the Website or in the Bitdefender payment notification that is sent to You at the email address that We have in Our records for You. Bitdefender reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.
All risk of loss for the Bitdefender Solutions shall pass to You upon delivery of the Bitdefender Solutions to the location specified in Your Order (even if no signature is required for delivery). For the avoidance of doubt, the delivery of downloaded Bitdefender Solutions occurs when the Bitdefender Solutions are downloaded. If You should refuse or fail to take delivery of the Bitdefender Solutions, all risk of loss for the Bitdefender Solutions will thereupon pass to You and, upon the demand of Bitdefender, You shall pay Bitdefender for the Bitdefender Solutions plus any additional amounts incurred by Bitdefender as a result of Your refusal or failure to take delivery of the Bitdefender Solutions, including, without limitation, attempting delivery of the Bitdefender Solutions by any reasonable means, or storing the Bitdefender Solutions. Bitdefender will be entitled to dispose of the Bitdefender Solutions in such manner as it sees fit if You have not taken delivery of the Bitdefender Solutions within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.
Except as otherwise stated herein rights that may apply to Your Order, or as described by Bitdefender in the Order form for Your Order, You are not entitled to revoke or cancel in whole or in part any Order.
Title to the Bitdefender Solutions (or, if licensed, Your copy of the Bitdefender Solutions) will pass to You when Bitdefender receives payment in full for the Bitdefender Solutions (including, without limitation, any interest and other amounts due for the Bitdefender Solutions).
Unless and only to the extent permitted by the EULA or applicable law, if You are a consumer, You shall not resell the Bitdefender Solutions until after title therein has passed to You.
Conditions for the Bitdefender Solutions
The Bitdefender Solutions delivered by Bitdefender are subject to the terms and conditions of this Agreement and the terms and conditions of an end user license agreement of the Bitdefender Solutions (collectively, the "EULA"). If You do not agree to the EULA, You are not authorized to use the Bitdefender Solution and shall immediately notify Bitdefender via Bitdefender Support.
Unless otherwise expressly agreed in writing by Bitdefender, the Bitdefender Solutions are licensed and not sold to You, irrespective of any use of the words "purchase," "sale", “reseller” or similar terms in this Agreement or at the Website. Unless and only to the extent permitted by the EULA or applicable law, You represent and warrant that You shall use the Bitdefender Solutions in accordance with the EULA and will not use the Bitdefender Solutions for any unlawful purpose. In addition to and without limiting the foregoing, You shall:
i. keep the Bitdefender Solutions in confidence and not disclose or make them available to any third party;
ii. not rent, lease, loan, license, sublicense, distribute, make available, transfer, assign, sell, reproduce, adapt, translate, disclose, display, publish, exploit for commercial purposes, or modify the Bitdefender Solutions, or any components thereof;
iii. use the Bitdefender Solutions solely for internal business purposes and not in the operation of a service bureau or shared services environment;
iv. not create derivative works based on the Bitdefender Solutions or any components thereof, or combine the Bitdefender Solutions with any other software;
v. not remove, obscure, or alter the copyright notices, trademarks, or other proprietary rights notices that appear in the Bitdefender Solutions;
vi. obtain, at Your own cost and expense, all software and equipment necessary to use the Bitdefender Solutions;
vii. obtain, at Your own expense, all licenses and authorizations required for the acquisition, delivery or use of the Bitdefender Solutions; upon Bitdefender 's request, You will provide Bitdefender with evidence of such licenses or authorizations; and You will be liable to Bitdefender for all expenses or charges incurred by Bitdefender as a result of Your failure to obtain such licenses or authorizations;
viii. have no right, title or interest in any of the intellectual property in or associated with the Bitdefender Solutions or the Website, including, without limitation, patent, copyright, trademark, trade secret, know-how, ideas, technical information, user interfaces, processes, "look and feel," improvements and modifications (collectively "IP Rights"), and You acknowledge and agree that Bitdefender retain all of the IP Rights;
ix. comply with all laws, rules and regulations applicable to the Bitdefender Solutions, including, without limitation, the restrictions, controls, customs duties, laws, rules and regulations of the territory to where delivery of the Bitdefender Solutions was ordered, or the territory where the Bitdefender Solutions are used.
Bitdefender or its licensors or suppliers retains ownership of all proprietary rights in the Bitdefender Solution, the applicable materials, documentation, deliverables and in all trade names, know-how, trademarks, copyright associated or displayed with the Bitdefender Solution. Bitdefender Solution is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Bitdefender software that is installed on your device, as part of the Bitdefender Solution, is licensed, not sold. You are only entitled to use the Bitdefender Solution for the limited period stated in the purchase documentation. Your use of the Bitdefender Solution is limited to the permitted number of users or devices as detailed in the purchasing documentation. Bitdefender reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use Bitdefender Solution only as expressly permitted in this Agreement.
Bitdefender hereby grants you and only you the following non-exclusive, limited, non-sublicensable, non-commercial right to use Bitdefender Solution for your personal use only.
Subject to rights resulting from Inspection; Complaints, Consumer Revocation of an Order and Refunds clauses of this Agreement, the remedies set forth in the EULA shall be Your sole and exclusive remedies with regard to the Bitdefender Solutions.You can use one copy of the Bitdefender Solution on a single device only. If a greater number of copies and/or number of devices is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the Bitdefender Solution (Permitted Number), You shall have the right to copy the Bitdefender Solution in accordance with such specifications of Permitted number; If the Bitdefender Solution supports multiple platforms or languages, if you receive the Bitdefender Solution on multiple media, if you otherwise receive multiple copies of the Bitdefender Solution, or if you receive the Bitdefender Solution bundled with other software, the total number of your Devices on which all versions of the Bitdefender Solution are installed may not exceed the Permitted Number.
During the installation process, the Bitdefender Solution may uninstall or disable other security Bitdefender Solutions if such Bitdefender Solutions or features are incompatible with Bitdefender Solution.
RIGHT TO USE THE BITDEFENDER SOLUTION. VALIDITY. PAYMENT TERMS. AUTOMATIC RENEWAL. You are granted a non-exclusive, personal, revocable, non-transferable right to use Bitdefender Solution on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties (defined below).
You will have certain rights to use the Bitdefender Solution during the Subscription Period, which shall begin on the date You first register your Bitdefender Solution on your account, regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the documentation or the applicable transaction documentation from the Bitdefender distributor or reseller from which You obtained the Bitdefender Solution.
All of your subscriptions will automatically renew for periods equal to your initial Subscription Term and you will be charged at our then-current rates unless you cancel your subscription through the Bitdefender Central Account prior to your next scheduled billing date or by email to: cancel@bitdefender.com.
AUTOMATICAL RENEWAL. You agree to permit Bitdefender directly or through its providers to automatically renew your subscription to Bitdefender Solution by charging a valid credit card number which you have provided them. By providing a payment information, You are authorizing to charge your card information, through the authorized provider for the subscription fees associated with the Bitdefender Solution fees that you sign up for.
Your subscription will be automatically renewed prior to the expiration of the term and each anniversary thereafter for a fee no greater than Bitdefender's then-current price, excluding promotional and discount pricing offered at the renewal time. You agree to provide the payment provider the current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that Bitdefender thought its payment providers may continue charging you for any subscription automatically renewed unless you inform not to renew your subscription to Bitdefender Solution prior to the expiration of your subscription to Bitdefender Solution and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
The Bitdefender Solution may automatically be deactivated at the end of the Subscription Period, if you disable the automatic renewal and You will not be entitled to receive any feature or content updates to the Bitdefender Solution.
Upon any termination or expiration of this Agreement, you must cease use of Bitdefender Solution and destroy all copies of Bitdefender and the Documentation.
FEEDBACK.
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do so, provide to Bitdefender reasonable suggestions, comments, testimonials and feedback regarding the Bitdefender Solution, including but not limited to usability, bug reports and test results, with respect to Bitdefender Solution testing (collectively, "Feedback"). If you provide such Feedback to Bitdefender, you shall grant Bitdefender the following worldwide, exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Bitdefender Solution, technology, service, specification or other documentation (individually and collectively, "Bitdefender Solutions"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Bitdefender Solution; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party Bitdefender Solution, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Bitdefender Solution, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Bitdefender to comply with any additional obligations with respect to any Bitdefender Solutions that incorporate any Feedback.
Warranty Disclaimer
Legal guarantee for tangible Bitdefender goods is up to 2 years as per your local legislation. To exercise your right for a guarantee please send a written request to Bitdefender as per section Notice below. If your Bitdefender Solution is a digital Bitdefender Solution or intangible good you are entitled to cancel your order in 30 days as per section Consumer Revocation of an Order or ask for a refund as stated below.
As between you and Bitdefender, the Bitdefender Solutions are delivered "as is" and you use the Bitdefender Solutions at your own risk. The website is provided on an "as is" and "as available" basis. Bitdefender does not make any representations, warranties or guarantees of any kind whatsoever. To the maximum extent permitted by law, Bitdefender hereby disclaims, and you hereby waive, all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty that may arise by usage of trade, course of dealing or course of performance of this agreement.
Limitation of Liability; Indemnification; Release
In no event shall Bitdefender or its affiliates be liable for any special, punitive, exemplary, direct, indirect, incidental, or consequential damages (including, without limitation, damages for loss of business, loss of revenue or profits, business interruption, or loss of data) arising out of or in connection with this agreement or the subject matter hereof even if Bitdefender has been previously advised of the possibility of such damages. In any event, if Bitdefender should be held liable for any damages notwithstanding the terms and conditions of this Agreement, the entire liability of Bitdefender (including its affiliates) and its providers with respect to its obligations under this agreement or otherwise, for any reason and upon any cause of action, regardless of the number of actions or number of licensed copies of the Bitdefender Solutions (and whether based in contract, strict liability, negligence or otherwise) shall not exceed, in the aggregate, one hundred dollars ($100.00 usd). No cause of action which accrued more than one (1) year prior to the filing of a suit alleging such cause of action may be asserted against Bitdefender or its affiliates or its providers. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so certain of the above limitations or exclusions may not apply to you. No other limitation contained in this agreement shall limit Bitdefender's liability to you, to the extent such limitation is prohibited by applicable law. The limitations of liability in this agreement shall survive even if any exclusive or limited remedies provided in this agreement should fail of their essential purpose.
You shall indemnify, defend and hold harmless Bitdefender and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an "Indemnified Party"), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys' and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this Agreement by You; (b) Your use of the Bitdefender Solutions; or (c) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.
To the maximum extent permitted by law, you hereby release each indemnified party from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in connection with disputes between you and third parties concerning the Bitdefender Solutions, the website or this agreement. In connection with the foregoing release, you hereby waive California Civil Code 1542 (and any other applicable law or statute) which substantially states:
"a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Termination
In addition to and not in lieu of Bitdefender's other rights, Bitdefender may, upon written notice to You via email, suspend or cancel Your Order for delivery of the Bitdefender Solutions, use electronic self-help means to terminate Your ability to access the Bitdefender Solutions (if permitted by applicable law), or terminate this Agreement, if:
i. any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation, dissolution, receivership (administrative or otherwise), distress or execution;
ii. You become insolvent or We deem You unable to pay Your debts as they come due;
iii. anything similar to the foregoing occurs; or
iv. You fail to comply with any terms and conditions of this Agreement or the EULA.
This Clause and the following provisions will survive any termination of the Agreement: Clauses -Scope, Conditions for the Bitdefender Solutions, Warranty Disclaimer, Limitation of Liability; Indemnification; Release, Notices, Governing Law, Disputes and General. In addition, any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. Bitdefender's remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity
Inspection; Complaints
Upon delivery of the Bitdefender Solutions, You should inspect the Bitdefender Solutions and verify that the Bitdefender Solutions as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.
Within thirty (30) days after the Bitdefender Solutions are delivered, You must provide written notice to Bitdefender if any of the Bitdefender Solutions as delivered are not in accordance with Your Order. Such written notice shall be sent by You to Bitdefender as specified Notices and in accordance with the terms of the EULA.
Consumer Revocation of an Order (RIGHT OF WITHDRAWAL)
If you are a consumer pursuant to the applicable law of this Agreement as it pertains to you and your order, then in addition to and not in lieu of your other rights under this Agreement, you will have a period of thirty (30) days after delivery of the Bitdefender Solutions during which you may cancel your order, in whole or in part, for any reason by sending written notice to Bitdefender as specified in clause Notices and returning your Bitdefender Solution to Bitdefender. Notwithstanding anything to the contrary, said right of cancellation shall not apply if the nature of the Bitdefender Solution is such that a return is not feasible, which feasibility shall be as determined by Bitdefender in its sole discretion (e.g. Bitdefender Solution was customized for you, you have broken the seal of the Bitdefender Solution.
If You exercise Your right of cancellation pursuant to section above, You shall, within the same period of thirty (30) days, return the relevant Bitdefender Solutions to Bitdefender and Bitdefender will thereafter refund any prior payments that You made for such returned Bitdefender Solutions. Return shipping of the relevant Bitdefender Solutions will be at Your own expense; however, Bitdefender will bear the return shipping expense if such Bitdefender Solutions are being returned because such Bitdefender Solutions, as delivered, are not in accordance with the Order. Any return of the relevant Bitdefender Solutions by You shall be made to the mailing address specified by Bitdefender in the delivery details that accompanied the Bitdefender Solutions.
If (a) You do not exercise Your right of cancellation and return the Bitdefender Solutions pursuant to above sections; or (b) You exercise Your right of cancellation but the Bitdefender Solutions as received by Bitdefender were damaged after they were delivered to You, Your Order shall not be deemed cancelled and You shall pay Bitdefender in full for the Bitdefender Solutions within thirty (30) days after You provided Bitdefender with Your written notice of cancellation.
Refunds
All refund and exchange requests are managed by Bitdefender and are made pursuant to the Bitdefender Refund Policy.
Notices
Any notice to Bitdefender that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the Bitdefender office identified in the Privacy Policy section of the Website, five (5) Business Days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number +40 212 641 799, upon Your receipt of electronic confirmation thereof; (c) if sent by email to Bitdefender Support Center, upon Bitdefender's receipt of the email; or (d) if sent by next day delivery service to the address identified in the Privacy Policy section of the Website, upon such delivery.
Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for You, five (5) Business Days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for You, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for You, upon such delivery.
You may submit any consumer complaints concerning Bitdefender to Bitdefender Support Center.
CONSENT TO ELECTRONIC COMMUNICATIONS. Bitdefender may send you legal notices and other communications about the Bitdefender Solution subscription and its support services or our use of the information you provide us ("Communications"). Bitdefender will send Communications via in-product notices or via email to the primary user's registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
All the information on how the personal data is processed during the usage of the Bitdefender Solution and services is specified in the Bitdefender Privacy Policy. By accepting this Agreement, you agree that your personal data will be collected according to the Privacy Policy published on: http://www.bitdefender.com/site/view/legal-privacy.html
Governing Law
With regard to the Bitdefender Solutions You purchased from Bitdefender S.R.L.:
i. this Agreement shall be governed by, construed and enforced in accordance with the laws of Romania, without giving effect to Romania's conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded;
ii. subject to Clause 16 (Disputes), the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in Bucharest, Romania, and You hereby consent to the exclusive jurisdiction of such court;
iii. You and Bitdefender S.R.L. expressly waive any rights to contest the jurisdiction, venue or convenience of any such court sitting in Bucharest, Romania;
You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Bitdefender irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, Bitdefender shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.
Disputes
With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:
i. Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.
ii. All disputes that have not been resolved by the designated representatives within thirty (30) days after said initial written request by one of the parties to appoint a designated representative, shall be resolved by the courts specified in Clause below with regard to the Bitdefender Solutions You purchased from Bitdefender S.R.L., upon the filing of an action by either party with said courts.
Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys' fees, from the other party.
FORCE MAJEURE. Neither Party shall be in breach of the Agreement in the event it is unable to perform its obligations as a result of natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial inoperability of the Internet, the inability to obtain supplies, or any other reason or condition beyond its reasonable control; provided, however, if such reasons or conditions remain in effect for a period of more than thirty (30) calendar days, either Party may terminate the Agreement affected by such force majeure following the written notice to the other Party.
You must comply with all applicable U.S. and international laws governing export and re-export of the Bitdefender Solutions, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Without derogating from the generality of the foregoing: (i) you represent that you are not a member of any of the denied person list, unverified list, entity list, specially designated nationals list, debarred list or any other lists published by the
U.S. Government; and (ii) you will not use, export or re-export the Bitdefender Solution to territories, destinations, companies or individuals in violation of U.S. and E.U. embargoes or trade sanctions. You will indemnify, defend and hold Bitdefender harmless from and against any claim, demand, suit or proceeding, and all damages, liabilities, costs and expenses arising from your failure to comply with this obligation.
No Third Party Beneficiaries. This Agreement is intended solely for the benefit of you and Bitdefender SRL and the other Bitdefender Group companies, and their respective agents, licensors, representatives, suppliers, distributors, resellers and other business partners. No person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary hereof.
GENERAL. This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these Subscription Agreement shall be of the courts of Romania. Nothing in this Subscription Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
No Class Actions. YOU AND BITDEFENDER 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, unless both you and Bitdefender agree otherwise, the court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the Bitdefender Solution. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so
Bitdefender and Bitdefender logos are trademarks of Bitdefender. All other trademarks used in the product or in associated materials are the property of their respective owners. The Subscription will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from Bitdefender or any resellers of Bitdefender as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
Bitdefender may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Bitdefender Solution distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
Bitdefender reserves the right to change the name of its Solutions in its sole discretion from time to time.
This Agreement has been originally prepared in the English. Although Bitdefender can provide translated versions of this Agreement for your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy
Notwithstanding that this Agreement has been prepared by Bitdefender, you confirm that this Agreement constitutes the understanding of the parties and is intended to be construed in a manner that is consistent with the subject matter and activities contemplated by, and the terms and conditions of the Agreement. No rule of strict construction with respect to this Agreement shall be applied against either party.
Contact BITDEFENDER, at 15A Sos. Orhideelor, Orhideea Towers Building, 9-12 floors, 6 District, Bucharest, Romania, or at Tel No: 40-21-206.34.70 or Fax: 40-21-264.17.99, e-mail address: office@bitdefender.com.