Before you get started, we need to have a quick chat about terms. These terms explain your legal rights and responsibilities when using our software and services. They’re really important, so we’re going to need you to read these terms carefully, including any links, because they’ll become the agreement between you and us.
Things to remember while you read this . . .We’re big fans of privacy protection, but we do need to know some of your personal details before you can use the software and services. Make sure to read our Privacy Notice so you understand how and why we collect, use, and share your personal data through our websites, products and services and how you can exercise your rights on your data.
When you purchase our software and services, you’re getting a limited license. This means we, our partners and suppliers still own all the rights to the software and services. We’re allowing you to use them according to these terms.
If your license is for personal use:
If you’re using your license for small business:
You get a license for the software and services you’ve subscribed to,
just like in the terms as above. The only difference is, only people
employed by the small business may use the software and services and
only for internal business operations.
You must make sure to register each license you purchase, using the same email address as in your account profile. If you purchase new licenses using that email address, we will make sure they have the same renewal date as the licenses you first purchased. We will automatically pro-rate the cost to reflect the shorter initial term of the new licenses. Additional licenses you purchase using a different email address not associated with your account will be for the term you purchased, without a discount.
What about free software and services?
Sometimes, we offer software and services free of charge, like an
additional feature in a paid subscription, a pre-release, beta software
or a courtesy service that may be in an experimental
phase. The terms in this agreement apply to
free software and courtesy services too, unless we’ve
said otherwise. Some limitations may apply, and we’ll let you know what
these are when we make the free software or courtesy services available
to you. You can use free software and courtesy services for as long as
we provide them to you.
What about minors?
You must comply with the law when using our software and services. If
the product you purchase includes tracking features, you may only use
them to track and monitor children if you have a legal right to do so.
That means you must be a parent, legal guardian or have other legal
authorization.
For software and services that qualify for technical support, you’ll receive thest standard support offering for the length of your paid subscription. Check your receipt when you buy your software or services to see if your purchase qualifies. Our standard support offerings, policies and procedures may change from time to time and vary by country.
How do updates to McAfee software and services work?
We regularly release upgrades, enhancements and modifications to
our software and services (updates). Once an update
becomes available, we may stop supporting the previous version of the
software or services. To make sure you can use new features we develop,
you agree to let us install updates in the background while you do other
things. We may also provide updates for free software and courtesy
services, but we are not obligated to.
What happens when McAfee discontinues software, services, or
features?
From time to time we may discontinue or remove certain software,
services or particular features of the software or services. When we
stop offering it for purchase, download, or renewal, it reaches
end of sale and you won’t be able to renew your
subscription after the end of sale date. Sorry, but in order to make new
and better things, sometimes we have to stop supporting older products.
We also have to make changes to features of the software and services if
required by third party platforms and software that are outside of our
control.
If you purchased your software from McAfee and not from a third party, when you share your payment information (credit or debit card or other payment type) with us, you are authorizing us (or, our authorized partner) to charge your payment type for the initial purchase amount, as well as any subscription renewals.
Updating your payment details
If any of your payment details change (like card number or expiry date)
please let us know as soon as possible so we can continue to provide the
software and services when it comes time for renewal.
Sometimes we may receive updated credit or debit card information from
your card issuer or the card network, which we’ll use to update your
payment details automatically. We may also retry failed payments to
complete transactions, including by retrying failed cards by extending
expiration dates. You consent for us to charge your payment type using
the updated details.
How does automatic renewal work?
If you purchased your software from McAfee and not from a third party,
your paid subscription will be automatically renewed at the end of its
term, unless you’ve decided not to enroll in or have opted-out of
automatic renewal. We’ll email you in advance to let you know that your
subscription is due for renewal and will charge your payment type within
30 days before the subscription is due to end. The amount charged will
be the price of the software or services at the time of renewal, which
might be different to the amount you originally paid. If your software
or services have been renamed, upgraded or replaced with a new offering
we’ll provide the new offering at no more than its renewal price at the
time of your renewal, provided it has reasonably comparable features. If
automatic renewal doesn’t apply in your location, we will state this at
the time of purchase.
How do I turn off automatic renewal?
If you don’t want to continue your subscription, you can turn off
automatic renewal at any time by logging in to your My Account Page or
contacting Customer Service. Be sure to do this more than 30 days before
your subscription term expires so your payment type isn’t charged for
your next renewal. Remember, if you turn off or don’t enroll in
automatic renewal, you won’t be able to access premium features that we
offer to subscribers of our automatic renewal service. If you forget to
turn off automatic renewal you have 60 days after you’re charged to
request a refund and cancel your subscription. Contact Customer Support
to do so.
This agreement will end when your right to access the software and services expires or is ended by us or you. After it ends, you’re not allowed to use the software and services anymore and you must permanently delete the software and services from your devices.
Can I cancel my subscription?
Of course, you can, but you’ll be giving up all the online protection we
provide. If you’re absolutely sure, you can cancel your subscription any
time before it’s expiry date. Check our Refund Policy before you cancel
though, because you may not qualify for a full refund. If you don’t
qualify, the good news is you’ll be able to keep using the software and
services until the end of the cancelled paid subscription period.
Will my subscription be suspended or cancelled if I break the terms of
this agreement?
Yes. If you violate this agreement or any of the additional terms and
conditions that apply, we’ll have to suspend or end your use of the
software or service. When we end it, we may also close your account.
What happens to my data after this agreement ends?
We delete all your stored or backed-up content (information, text,
files, links, images and all other materials you provide to us) in
accordance with our internal policies after you have deleted or
uninstalled your software. You’re responsible for storing and backing-up
your content before termination. Hard drive and cloud storage space is
cheap, so don’t forget!
Additional terms
Some of our software and services have a few extra terms of service not
covered here. You can find more information on our website.
Virus Removal, TechMaster Services or Virus Protection Pledge
We will make every reasonable effort to remove viruses and malware from
your device. However, we can’t guarantee that all malware and viruses
can be removed because some attacks are far more sophisticated than a
simple scan can handle. You can find additional information in the
TechMaster TOS and VPP Terms.
Password Management products and features
We never have a copy of your master password or your encryption keys, so
you’re responsible for keeping them safe. Use a strong, hard to guess
master password and keep your keys in a safe place, because if you lose
them, we can’t help you get back into your account. There is no “reset
password” option.
WebAdvisor
WebAdvisor uses a lot of fancy math to figure out whether or not a
website is safe to browse. As good as it is though, it can’t spot every
threat or understand the nature of every website. Ratings don’t
guarantee a site is completely free from risk, and good ratings don’t
mean we endorse the website, or it’s services. WebAdvisor’s “Secure
Search” is powered by Yahoo!, by default. If you turn Secure Search on,
your searches will go through the Yahoo! Network. You can change your
browser’s default search engine options in your browser’s settings.
Home Scanner feature
If you’ve purchased this feature, you’ll need to opt-in for it to work.
By turning Home Scanner on, you’re giving us permission to identify
devices that connect to your home Wi-Fi network. This helps us spot
devices that have poor security and could put your safety at risk. You
can opt out of Home Scanner at any time. Home Scan is just for your home
Wi-Fi network. Home Scan collects data from every device on your
network, so be sure to let your friends and family know their devices
will be scanned before you give them your Wi-Fi password.
McAfee® Identity Theft Protection
These terms only apply if you have enrolled in, are entitled to, or use
our identity protection services from us or one of our trusted partners
(these Services are sometimes referred to as the "Identity Protection
Services"). Your entitlement under these Services may be specified in
the documents that accompanied your purchase or enrollment and the
additional product terms of service that apply (located at:
www.mcafee.com/legal under Product Terms of Service) and are available
on our website.
Dark web monitoring services
The Dark Web can be a scary place! It’s basically just the internet, but
an encrypted version, so it’s harder to find out who owns websites.
Because of this, people buy and sell all kinds of information, like
credit card numbers and identification.
Our dark web monitoring service searches dark web data available to us and alerts you if the personal data you have chosen to monitor has been found on the dark web. By using the service, you understand and agree to the following additional terms:
We cannot remove your breached information from the dark web.
It is your responsibility to keep your contact information up to date, review the alerts and take any recommended actions to reduce the risk of further misuse of your data. We do not guarantee that our recommendations will prevent such misuse.
We do not guarantee that our data sources contain all instances in which your personal information has been compromised, nor do we claim that our service can prevent your information from being hacked in the first place.
30 Day Money Back Guarantee
In the first 30 days of your purchase, you can decide to cancel your
subscription for any reason and ask us for a refund of the amount you
paid. Additional remedies may be available in the country in which you
purchased the McAfee software, and some are outlined at the end of this
document.
Attacks on Data
Security breaches might involve attacks on your data. For example,
viruses and other malware might delete, destroy, alter or encrypt data
and files on your device. If this happens, you could lose access to your
data and files. You agree that it is your responsibility to back-up and
store all data and files on your devices so you can safely restore them,
if you need to. As we mentioned earlier in these Terms, hard drive and
cloud storage space is cheap. You should back up your important files to
a reputable online data storage service and do it often. We’re not
liable for any lost or damaged files or interruptions as a result of
attacks on your data.
High risk activities
The software and services are not fault-tolerant and are not designed or
intended for high-risk activities such as use in hazardous environments
requiring failsafe performance, including nuclear-facilities operations,
air traffic communication systems, weapons systems, direct life-support
machines, or any other application in which the failure of the software
or services could lead directly to death, personal injury, or severe
physical or property damage. We do not make any express or implied
warranty of fitness for high-risk activities.
Our liability and that of our affiliates, suppliers, licensors or other third-party service providers to you, under or in connection with these terms, is (a) limited to the price you paid for the applicable software or services for the subscription term during which the event or circumstance giving rise to the liability occurred, or USD$100 in respect of free software; and (b) excludes any liability to you for any: (i) indirect, special, incidental, or consequential loss or damage, including loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction or loss of data; or (ii) theft of personally identifiable information.
We make no warranties, representations, express or implied, in relation to the software or services, including warranties or conditions of merchantability, performance, satisfactory quality, fitness for purpose, title, and non-infringement. The software and services are provided "as is". You are responsible for selecting the software and services to achieve your intended results and for installing and using the software or service. We do not warrant or guarantee the software or services’ use or performance. We do not warrant or guarantee that the software or services’ operation will be failsafe, uninterrupted, or free from errors or defects, that the software or services will protect against all possible security threats, or that there will be no malfunctions or other errors in the software or services caused by virus, infection, worm or similar malicious code not introduced or developed by us. We are not liable for any downtime or service interruption, for any lost or stolen data or systems, or for any other damages arising out of or relating to any actions or intrusions.
You agree that the limitations of liability and disclaimers in this section reflect the fee charged for the software, which would be higher without these limitations. Nothing in this agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived in your jurisdiction, including those specifically mentioned in the local law section.
What happens when McAfee makes changes to these terms?
Sometimes we make changes to these terms and post them to our
website. If you don’t agree to any of the changes you can end your
subscription by not renewing, as outlined above. If you renew your
subscription, you accept the most recent version of these terms. If
you’ve accepted more than one version, the most recent version will
replace all older versions.
Can I give McAfee my feedback?
We love to receive your feedback about the software and services.
Keep in mind that we’ll use it without restriction.
What about data charges?
You’re responsible for paying all data and mobile charges
associated with using the software and services.
What if there’s a dispute?
Most disputes can be resolved informally by contacting Customer
Service. If we are unable to reach an agreement to resolve the dispute,
our preference is to resolve any disputes through arbitration. If you
live in the United States, however, you agree to resolve all
disputes relating to this agreement through arbitration or in small
claims court, as we explain in more detail in the “Binding arbitration
and class action waiver” section below.
Export control
The software and services are subject to export controls under the
U.S. and local country laws. You agree that you will not directly or
indirectly export, transmit, permit access or use of the software or
services and their related documentation and technical data to an
individual, entity, or country to which export, transmission or access
is restricted by export control laws, without the required authorization
of the Bureau of Industry and Security of the U.S. Department of
Commerce or other governmental entity with jurisdiction over export or
transmission. You will not use, transfer or access any McAfee products
for end use relating to any nuclear, chemical or biological weapons,
missile technology, or the military end use or for a military end user
per 15 CFR Part 744.21 unless authorized by the U.S. or relevant local
government by regulation or specific license. If we receive notice that
a user is or becomes identified as a sanctioned or restricted party
under applicable law, we will not be obligated to perform any of our
obligations under these terms if it would result in violation of the
sanctions or restrictions. Additional information regarding exporting
and importing McAfee products may be found here, as updated from time to
time.
Complete agreement
These terms are the entire agreement between you and us relating
to your use of the software and services. These terms supersede any
prior agreements or terms between you and us in relation to the software
and services, and any other communications, representations, or
advertising relating to them.
Translated versions
We provide versions of these terms translated from English for
your convenience only. If there is any difference in meaning or
interpretation between a translated version and the English version, the
English version applies.
No waiver
We will only waive a provision of these terms in a signed document.
For consumers in Australia
Where any of the consumer guarantees under the Competition and
Consumer Act 2010 (Cth) (CCA) apply to the software or services, and the
CCA voids or prohibits a provision in these terms excluding, restricting
or modifying such consumer guarantees, then, our liability arising out
of the supply of software and services for failure to comply with such
consumer guarantees is limited to the provision of the following
remedies:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
For consumers in France
Conformément aux dispositions de l’article L. 215-4 du code de
la consommation, les clauses suivantes sont reproduites :
Pour les contrats de prestations de services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré apparent, la date limite de non-reconduction.
Lorsque cette information ne lui a pas été adressée conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la date de reconduction.
Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats à durée indéterminée, après la date de transformation du contrat initial à durée déterminée, sont dans ce cas remboursées dans un délai de trente jours à compter de la date de résiliation, déduction faite des sommes correspondant, jusqu'à celle-ci, à l'exécution du contrat.
Les dispositions du présent article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats à des règles particulières en ce qui concerne l'information du consommateur.
Lorsque le professionnel n'a pas procédé au remboursement dans les conditions prévues à l'article L. 215-1, les sommes dues sont productives d'intérêts au taux légal.
For consumers in the Netherlands
Any automatic renewal of your original subscription will be for an
indefinite term. You may terminate your renewed subscription any time
after renewal by contacting Customer Service and providing at least 30
days’ notice of your intent to terminate and we will provide a prorated
refund in accordance with local law.
Binding arbitration and class action waiver
This clause applies to U.S. customers.
Agreement to arbitrate
You and McAfee agree that any claim or dispute arising out of or
relating to this agreement (claim) will be resolved by confidential
binding arbitration governed by the Federal Arbitration Act. This
includes claims made by us, by you, on your behalf or by persons
connected with you or us, such as employees,
subsidiaries and successors.
You and we agree that no class action or other collective, consolidated, or representative action may be asserted by arbitration, court or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or McAfee’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. We and you waive the right to initiate or participate in a class action or litigate a claim in court before a judge or jury.
Notice of dispute
Before initiating arbitration, a party must give the other party 60
days’ advance written notice. Notices to us should be addressed: McAfee,
5000 Headquarters Drive, Plano, TX 75024, Attention: Legal
Department. The notice must include your name, address, and contact
information, the facts giving rise to the dispute, and the relief
requested. You and we must use reasonable efforts to resolve any dispute
through informal negotiation within 60 days from the date the notice of
dispute is sent. After 60 days, either party may commence arbitration if
the dispute is unresolved. These notice obligations do not modify the
statute of limitations applicable to any claim.
Costs
The Filing fee is payable by whoever initiates the arbitration. If
an award is made in your favor we will reimburse you the filing fee if
paid by you. We may reimburse or advance you the filing fee or other
expenses if we are satisfied there is good reason to do so (e.g. you
cannot afford the fees). The arbitration rules will apply in respect of
all other fees and expenses and each party will bear its own legal costs
and expenses, unless the arbitrator determines otherwise.
Small Claims Court option
If you are an individual consumer, you may choose to resolve your claim
in small claims court in your county of residence or in Santa Clara
County, California if you meet the court’s requirements.
Preservation of provisional remedies
Despite this arbitration clause, we will still be free to resort to
self-help remedies or seek injunctive relief, attachment or garnishment
orders at any time.
Conflicting terms
This arbitration agreement will prevail over any conflicting terms in
the arbitration rules or any other applicable arbitration terms. If any
part of this arbitration agreement is deemed invalid or unenforceable it
will not invalidate the other provisions of the arbitration agreement;
provided, however, that (a) if the prohibition on class-wide arbitration
is deemed invalid, then this entire arbitration agreement will be null
and void; and (b) if the prohibition on arbitration of representative
claims brought in a private attorney general capacity is deemed invalid,
then the arbitration agreement will be null and void as to such claims
only.
Waiver of jury trial
If for any reason a claim proceeds in court rather than through
arbitration, you and we agree that there will not be a jury trial. You
and we unconditionally waive any right to trial by jury in any dispute
that in any way relates to or arises out of the agreement or from any
software or services. In the event of litigation, this paragraph may
be filed to show a written consent to a trial by the court. This
paragraph in no way invalidates the agreement to arbitrate disputes.
For European Union Customers
Online Dispute Resolution Service (ODR) & Alternative Dispute Resolution
(ADR). We are required by law to provide a link from our website to the
EU ODR We are not obligated to use ADR should you have a complaint with
us. If you do have a complaint with us which we cannot resolve using our
internal complaints handling procedures, we will contact you by letter
or email about whether we are prepared to submit to ADR. You may contact
us through our website.