Terms of use

These terms of use (hereinafter referred to as "Terms") constitute a special agreement between ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B, Business Registration Number: 31 333 535 or some other company from the ESET Group (hereinafter referred to as "ESET" or "Provider") and you, a natural person or legal entity (hereinafter referred to as "You" or "User”) who accesses an account at my.eset.com, which is owned and controlled by ESET, and who uses online services (hereinafter referred to as "account"). If you use the services on behalf of an organization, then you agree to these Terms for that organization and guarantee that you have the authority to bind that organization to these Terms. In that case "user" and "you" will refer to that organization. Read these terms of account use carefully, they relate also to services provided by ESET through or in relation to the account. The specific conditions for using individual services beyond these Terms are stated with each service, with their acceptance being part of the service activation process.

Account

The account provides access to services provided by ESET. The user's full name, country and valid email address are required for registration and use of the account. You are responsible for maintaining the security of the account and password. ESET shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The user is also responsible for any activity related to the use of the account, authorized or not. If the account is compromised, you should notify the provider immediately. All other provisions on privacy are included in the Privacy Policy (http://www.eset.com/int/privacy/). You can delete your my.eset.com account at any time.

Software

ESET or its respective suppliers own or may exercise copyright to all software available on the my.eset.com account sites (hereinafter referred to as "Software"). The Software can be used only in accordance with the end-user license agreement (hereinafter referred to as "License Agreement"). The License Agreement is supplied together with the Software, or comprises part of it. Software supplied with the License Agreement cannot be installed without the user's consent to the License Agreement. Other information regarding licensing, copyright, documentation and trademarks are stipulated in the Legal Information document (http://www.eset.com/int/legal-information/).

Disclaimers

AS THE USER, YOU HEREBY ACKNOWLEDGE THAT THE MY.ESET.COM ACCOUNT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT MY.ESET.COM ACCOUNT WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE FUNCTIONS CONTAINED IN MY.ESET.COM ACCOUNT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MY.ESET.COM ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF MY.ESET.COM ACCOUNT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MY.ESET.COM ACCOUNT, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID TO PROVIDER.

Governing Law and Language

These Terms shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to Your use of the Software resides in District Court Bratislava I., Slovakia and you further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Bratislava I. in connection with any such dispute or claim.

In the case of discrepancies between the language versions the Slovak version shall always prevail as the Slovak version is deemed original.


General provisions

ESET reserves the right to revise these Terms or any portion thereof at any time without prior notice by updating this document to reflect changes to the law or changes to my.eset.com account. You will be notified about any revision of these Terms by way of my.eset.com account. If you disagree with the changes to these Terms, you may cancel your my.eset.com account. Unless you cancel your my.eset.com account, you are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to your use of my.eset.com account.

Notices

All notices must be delivered to: ESET, spol. s r. o., Einsteinova 24, 851 01 Bratislava, Slovak Republic.


SPECIFIC CONDITIONS FOR USING INDIVIDUAL SERVICES OF ESET


1. ESET Social Media Scanner

By using the ESET Social Media Scanner, You agree to be legally bound by Terms of usage, which shall be effective on the first use. If you do not agree Terms of Usage, please do not access and/or use ESET Social Media Scanner.

License provided by ESET grants you a non-exclusive and non-transferable right to use ESET Social Media Scanner. You may not copy, distribute, separate its parts or create derived versions of ESET Social Media Scanner, subject to the following conditions:

  1. You may not modify, interpret, reproduce ESET Social Media Scanner or transfer rights to use ESET Social Media Scanner or its copies;
  2. You may not sell ESET Social Media Scanner, sublicense or lease it to another person or hire the ESET Social Media Scanner from another person or lend it;
  3. You may not analyze, decompile, disassemble a source code or seek to obtain a source code of ESET Social Media Scanner in any other manner, except for the scope in which such limitation is explicitly prohibited by law;
  4. You may not create any derivative works based on ESET Social Media Scanner;
  5. You agree to use ESET Social Media Scanner only in the manner which is in accordance with all applicable legal regulations in the laws under which you use ESET Social Media Scanner including, without limitation, in accordance with applicable limitations arising from the Copyright Act and other intellectual property rights.

ESET and/or its respective suppliers own or can exercise copyright to ESET Social Media Scanner. The ESET Social Media Scanner can be used only in accordance with the License. Other details concerning Licensing, Copyright, Documents and Trademarks are stipulated in a Legal Information and also Terms of Use for account on my.eset.com if applicable.

User Declarations

AS THE USER YOU ACKNOWLEDGE THAT ESET SOCIAL MEDIA SCANNER IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE ESET SOCIAL MEDIA SCANNER WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE ESET SOCIAL MEDIA SCANNER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE ESET SOCIAL MEDIA SCANNER WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ESET SOCIAL MEDIA SCANNER TO ACHIEVE YOUR INTENDED RESULTS AND RESULTS OBTAINED FROM IT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE ESET SOCIAL MEDIA SCANNER, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID TO PROVIDER.

PRIVACY POLICY

Global Privacy Policy is available on www.eset.com/privacy/. Following rules are Addendum to Global Privacy Policy:

  1. Facebook Protection Conditions

    In order to ensure protection of end user’s Facebook Account, our App shall request permissions to access information located in end user’s Facebook Account. Granting of access right is solely in discretion of end user (hereinafter referred to also as the "You") and scope of scanning and protection is based on and limited to the scope of granted rights.

    App requests from the user following permissions:

    1. to access user’s basic information;
    2. to access status updates shared with the user;
    3. to access Likes of user’s friends;
    4. to access user’s primary email address;
    5. to access posts in user’s News Feed;
    6. to access messages in user’s inbox;
    7. to post on user’s behalf.

    During the period of authorization the App has access to information such as user’s email, posts and comments on user's Wall and News Feed, private messages in user’s inbox, URL Likes, user’s demographics and permissions granted to the App and stores also scan details, list of scanned objects and user’s settings of App. After the end of authorization information shall be deleted. The App then keeps only anonymized user data and data with scanned URLs are stored in App database.

  2. Twitter Protection Conditions

    In order to ensure protection of end user’s Twitter Account, our App shall request permissions to access information located in end user’s Twitter Timeline, people You follow and direct and/or private messages. App leaves it up to your sole discretion whether they decide to delete detected post or notify other users You follow.

    You agree that You as an end user shall be notified via email about posts that are detected as malicious and detected posts of other users You follow shall be announced via direct message to respective user. You can change this setting at any time.

  3. Security Center

    App consist a feature evaluating privacy level of end user. It identifies data which are not recommended to be shared publicly with others (such as Location or Religion) and suggests to make changes in your social network privacy settings.

  4. Personal data

    The information gathered in process of protection and/or detection may contain data, including but not limited randomly or accidentally obtained personal data, about the You or other users. By using this App, You are agreeing to information being sent to ESET and You are also granting the necessary approval, as specified under the relevant legal regulations, for processing information obtained, including personal data.

    ESET shall only use information for research of infiltrations, improvement of App and shall take appropriate measures to ensure that information remains confidential.

  5. Client Data

    Data stored in client by App include cookie with session identifier (standard PHP session handling) and cached static content (images, css, javascripts, data for ESET’s Threatsense map).

General provisions

ESET reserves the right to revise these Terms of usage or any portion of them at any time without prior notice by updating this posting to reflect changes to the law or changes to ESET Social Media Scanner. You will be notified on such Terms of usage revision within ESET Social Media Scanner. If you disagree with such Terms of usage changes, you can cancel your ESET Social Media Scanner. Unless you cancel ESET Social Media Scanner, you are bound by any Terms of usage amendments or revisions. You are encouraged to periodically visit this page to review the current Terms of usage that apply to your use of ESET Social Media Scanner.

2. ESET SMART SECURITY - ANTITHEFT INFORMATION

The Antitheft feature is part of ESET Smart Security software contains a function that prevents loss or misuse of critical data in direct connection with theft of a computer. This function is switched off under the default settings of the Software and a my.eset.com account under special Terms of Usage needs to be created for it to be activated, through which the function activates data collection in the event of computer theft. If you activate this function of the Software, you agree to data about the stolen computer being sent to the ESET, spol. s r.o. (hereinafter reffered to as Provider”), which can include data about the computer's network location, data about the content displayed on the computer screen, data about the configuration of the computer or data recorded by a camera connected to the computer (hereinafter referred to as Data”). The End User shall be entitled to use Data obtained in this way exclusively for rectifying an adverse situation caused by theft of a computer and also grants the Provider the necessary approval, as specified under the relevant legal regulations, for processing Data. The Provider shall allow End User to store the Data on its technical equipment for the period required to achieve the purpose for which the data was obtained. You can deactivate this function at any time.

Protection against misuse of data shall be used exclusively with computers and accounts End User have legitimate access to. Any illegal use will be reported to competent authority. Provider will comply with relevant laws and assist law enforcement authorities in case of the misuse. You agree and acknowledge that You are responsible for safeguarding the password to access my.eset.com account and you agree that You shall not disclose your password to any third party. End User is responsible for any activity using Protection Against Misuse of Data function and my.eset.com, authorized or not. If my.eset.com is compromised, notify us immediately.

TERMS OF USE FOR ANTITHEFT AND PROTECTION OF PRIVACY ARE REGULATED UNDER THE END USER LICENSE AGREEMENT OF ESET SMART SECURITY SOFTWARE.