Terms of Use for MU Notifier

Last updated: 18.07.2024

Intro

Tekkie OÜ (“Tekkie”, or “we”) welcomes you, our user (“you”). These Terms of Use (“Terms” or “Agreement”) apply to our desktop application “MU Notifier” (“App”), and our Privacy Notice describes our collection and use of personal data connected to your access to and use of the App.

If you have any questions or comments about these Terms or the use of the App, please contact us.

Content

• About us
• Entire agreement
• Your use of the App
• Account
• Sign-up
• Use of account
• Account problems
• Account deletion
• Third-party websites and services
• Content and intellectual property
• Your feedback
• Warranties and disclaimers
• Limitation of liability
• Our liability
• Your liability
• Limitation of support
• Indemnification
• Force majeure
• Applicable law and jurisdiction
• Electronic communications
• Termination
• Termination by us
• Termination by you
• Miscellaneous

About us

Our support team is happy to assist you. Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.

Also, our support schedule is Monday-Friday, 09 AM – 06 PM GMT+2.

PLEASE NOTE THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO BIND US OR TO CONTRAVENE THESE TERMS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR INFORMATION PROVIDED BY OUR CUSTOMER SERVICE REPRESENTATIVES THAT GOES BEYOND OR CONTRADICTS THE INFORMATION PROVIDED HEREIN.

Entire agreement

In brief:

• This is an agreement between us and users of the App.
• By installing the App, you agree to comply with these Terms and applicable laws and regulations.
• You have to have full legal capacity to use the App.

These Terms and Privacy Notice constitute the entire legally binding agreement between us and our users.

By installing the App or using it in any manner, including but not limited to, downloading, installing, or otherwise using, you declare and confirm that:

• you have exhaustively read, understand in full, and have the legal capacity to, and with this agree to be legally bound by and to comply with these Terms in full;
• under the laws of your jurisdiction, you have the full legal capacity and are eligible to enter into binding contracts and have no legal restriction to access or use the App (otherwise, you can download, install, access, and use the App exclusively under the supervision of a parent or guardian);
• you grant us all permissions and licenses, where applicable, under these Terms; and
• you shall continuously comply in full with these Terms and all applicable laws and regulations each time you access or use the App.

If you use the App as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant us all permissions and licenses under these Terms, and disclose information about that legal entity.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO (AND YOU MUST NOT) DOWNLOAD AND/OR INSTALL THE APP, AND MUST DISCONTINUE ACCESSING AND, CONSEQUENTLY, DELETE THE APP IF ANY INSTALLED.

Your use of the App

In brief:

• The App helps you to keep the Mac software up-to-date automatically.
• We are not responsible for any issues with applications scanned, checked, and/or updated as a result of using the App.
• Your license for the scanned, checked, and/or updated application (-s) is subject to the T&Cs between you and the Provider.

The App is a one-stop solution for scanning your Mac devices (each separately – “Device”), checking for newer versions of the installed applications available on our website MacUpdate (accessible via the following link: https://www.macupdate.com/), and further discreet notification of you (through the system tray) of outdated applications.

Please note that the software and/or applications scanned, checked, and/or updated as a result of using the App are licensed to you under the terms and conditions, terms of use, terms of service, end-user license agreement, or any equivalent agreement with the same subject (listed collectively “T&Cs”) between you and the application owner or vendor (“Provider”). We are not responsible for any issues with such applications.

Account

In brief:

• You may need the Account to use the App.
• In the case of the creation of the Account, you are solely responsible for the safekeeping and security of your Account and your credentials.
• You have to contact us if you have problems with your Account if any are created.

Sign-up

If the use of the App requires so, you must have a personalized account (“Account”) by providing complete, up-to-date, and reliable information. You may need a valid and accessible email address and a password to create the Account.

Use of account

You acknowledge that for the entire time of the use of the Account (if any is created) you have no ownership rights in your Account.

You must not transfer or assign your Account to someone else. Your responsibility is to ensure that your use of the App and Account does not contravene these Terms, applicable laws, rules, or regulations.

You are solely responsible for the safekeeping and security of your Account credentials and for any and all uses of your Account, whether or not you authorized them. You are prohibited from attempting to access a server or an account that you are not authorized to use.

Account problems

Please notify us immediately if:

• you know or have any reason to suspect that someone has gained access to your Account without your authorisation;
• your credentials have been lost, stolen, misappropriated, or otherwise compromised.

If you have lost a password to your Account, you may contact us, and we may help you to the extent technically possible.

Account deletion

To delete your Account and personal data, you can use the functionality of the App or contact us.

Please note that if you or we delete your Account, all of your Account information will be deleted and removed from the App.

Also, if we disable access to your Account in accordance with the Terms (for example, if you violate the Terms), you may be prevented from accessing your Account details.

Third-party websites and services

In brief:

• The App contains or may depend on links to other websites and services.
• We are not responsible for the content, functions, and services offered through third-party websites or services.

The App contains or may depend on links to other websites and services.

Please pay close attention and note that the links to the websites, web platforms, or any other pages of the third parties (including, Providers) are provided to us directly or indirectly from them. Therefore, we can not control the correctness, validity, actuality, or quality of such links in any other manner of such links. If any questions or acquisitions related to the links arise, please contact these parties directly.

The access and use of the other websites and services we own or manage are subject to the relevant terms of service (or equivalents) published on such websites and services and are not governed by these Terms.

The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY SUCH THIRD-PARTY WEBSITES AND SERVICES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE THEREOF.

Content and intellectual property

In brief:

• We own or have a relevant license to the Content.
• We give you the right to use the App under these Terms.
• By submitting the Feedback, you grant us the right to use and publicly display the Feedback.

The App is owned and managed by us or our affiliates.

The App and text, graphics, information, images, drawings, trademarks, logos, videos, sounds, music, and other materials (collectively, – “Content”), as well as copyright and other intellectual property rights to such Content, belong to us or our affiliates or is included in the App with the consent of the relevant owners or rightsholders.

THE TERM “CONTENT” DOES NOT INCLUDE ANY MATERIALS THE USERS PROVIDE TO US IN ANY MANNER, INCLUDING SOFTWARE AND/OR APPLICATIONS PROVIDED BY THE PROVIDERS.

Subject to your continuous compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the App and Content on the Device (-s) you lawfully own or control, in the manner provided for in these Terms.

We may provide upgrades, modifications, updates, or additions to the App. By agreeing to these Terms and installing the App, you agree to automatically receive such upgrades, modifications, updates, or additions. The terms of this license shall apply to any such upgrades, modifications, updates, or additions unless a separate license accompanies it. In case these updates contain any paid offers, you will be notified about this, and you will have the option to decline such offers.

The Content, or any elements thereof, shall not be used in any manner without our or relevant owners’ or rightsholders’ prior written consent in any manner not provided by these Terms.

Under this license, you shall not:

• sell, lease, rent, license, sublicense, or otherwise distribute the App and/or Content;
• copy, decompile, disassemble, translate, or reverse engineer the App and/or Content, in whole or in part;
• reproduce, publish, transmit, write, or develop any derivative intellectual property objects, make an attempt to derive the source code of the App and/or Content and their updates;
• provide, disclose, divulge, or make available to, or permit the use of the App and/or Content by any third party without our prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the App and/or Content;
• use the App and/or Content for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
• “scrape” or “crawl” any web pages using manual or automated software, devices, script robots, or other means or processes;
• use or copy any information, Content, or data obtained from the App to provide any service that competes with our own;
• use the App and/or Content for illegal purposes or in any manner that is not provided under the license;
• change or delete any of our ownership notices from the App and/or Content downloaded or printed from the App.

Your license to access and use the App and Content shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.

We will enforce our intellectual property rights and use any remedy available under the applicable law.

Your feedback

We appreciate any of your feedback and comments concerning the App or your experience of its use (collectively, – “Feedback”).

Please stay on topic. We reserve the right to remove Feedback that is clearly off-topic. We also may remove Feedback that contains abusive, vulgar, offensive, racist, threatening, or harassing content, personal attacks of any kind, or offensive terms that target specific individuals or groups. We reserve the right to remove spam, fake news, and any other content that is not related in any way to the use of the applications (software products) or the App. We may remove content that contains personal information or any other kind of information (whether your own or someone else’s) that is not related to your experience with applications (software products) or the App.

Please note that by submitting the Feedback to us directly or via any platform or social media, you:

• grant us a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display, including online, such Feedback on our website, social media accounts, our marketing, advertising, or any other informational communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback regardless of when and in what manner you provided it. You grant us the right to use and refer to the name or username that you submit in connection with such Feedback. For this reason, we ask that you not submit any Feedback or delete any existing one that you do not wish to license to us as set herein;
• agree and acknowledge that you are solely responsible for the information in your Feedback;
• represent and confirm that you were not asked, instructed, or commissioned to submit fake or misleading reviews and endorsements or misrepresent your experience with our services;
• represent and warrant that the use of your Feedback does not violate any third party’s rights;
• expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and demands arising out of or in any way connected to our exercise of the rights granted under the license provided herein, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.

Please, contact us to request to refrain from or discontinue our use of your Feedback at any time.

The Feedback appearing on the MacUpdate website, any other of our websites, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our services. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.

Warranties and disclaimers

In brief:

• The App and Content are provided to you “as is” and “as available.”
• We do not promise that the App and Content will function uninterruptedly as provided in these Terms and disclaim all other warranties regarding the App and Content.
• If the App’s software malfunctions, we will make every commercially reasonable effort to resume its correct operation.

The App and Content are provided to you “as is” and “as available.”

By installing the App, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your activity is conducted at your own risk and any use of the App and/or software and/or applications purchasable and/or downloadable via the MacUpdate website is conducted solely at your own discretion and under your sole responsibility.

Also, we shall not be liable for any actions or inactions, decisions, or all other consequences resulting from the App and/or mentioned software and/or applications. You use the App on your own initiative and are solely responsible for compliance with local laws applicable to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES CONCERNING THE APP, ITS FUNCTIONALITY, CONTENT, SOFTWARE AND/OR APPLICATIONS PURCHASABLE AND/OR DOWNLOADABLE VIA THE MACUPDATE WEBSITE, AND ANY INFORMATION PUBLISHED ON THE WEBSITE, INCLUDING, WITHOUT RESTRICTIONS, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OTHER RIGHTS, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR TRADE USAGE.

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the App and the Content and information included or published there.

We do not warrant that the operation of the App will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.

We do our best to keep your data safe and secure and maintain the App’s functionality. However, the App may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use the App or Content caused due to the above.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES AND OUR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF THE APP WILL BE CORRECTED. FURTHERMORE, WE PROVIDE NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE MACUPDATE WEBSITE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, AND USING THE APP AND SOFTWARE. WE STRONGLY RECOMMEND YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.

Limitation of liability

In brief:

• We are not liable for any loss or damage caused by your use or inability to use the App and Content, and any software or applications scanned, checked, and/or updated as a result of using the App or otherwise arising under these Terms.
• We are not liable for any consequences of the implementation and application of the software or applications scanned, checked, and/or updated as a result of using the App or Content in your personal or business activities.

Our liability

To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content is available through the App or any typographical errors or omissions in the text or other materials.

In no event shall we, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties, be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the App or Content. We, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties shall not be liable for damage caused by the use of information obtained through the App or Content, as well as as a result of errors, defects, and interruptions in the App, even if we were notified of such damage.

We are not liable for any results of your implementation and application of the software or applications scanned, checked, and/or updated as a result of using the App in any of your personal or business activities.

The provision of this subsection shall be applied to the fullest extent permitted by applicable law.

If any part of the provision of this subsection is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then we shall be liable to you only for the real direct documented damages sustained you due to use of the App while our aggregate liability for all claims under such circumstances for liabilities shall not exceed the amount of USD 1,000.00 (one thousand U.S. dollars).

In no event shall you seek or be entitled to injunctive or other equitable relief, nor shall you be entitled to enjoin or restrain the operation or exploitation of the App, advertising, or other materials issued in connection with the App, or any content displayed through the App.

Your liability

You agree to be liable for your compliance with these Terms after installing and during using the App.

Limitation of support

In brief:

• Our support is limited to topics within the domain of basic usage of the App.
• Any support for a specific application is provided separately by the Provider of the respective application.

We may provide you with email support pertaining to your use of the App. This support will be limited to topics within the domain of basic usage of the App. We are not required to offer you general advice on technologies underlying or related to the App.

Any support for a specific application scanned, checked, and/or updated as a result of using the App is provided separately in accordance with the policies of the Provider of the respective application.

Indemnification

In brief:

• If you violate these Terms, misuse the App, or violate any applicable law or third party’s rights, you agree to indemnify and defend us.

You agree to defend, indemnify, and hold harmless us, our affiliates, our subcontractors, or any other team members, vendors, and all other counterparties, from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms; or
• your use/misuse of the App, any software or applications scanned, checked, and/or updated as a result of using the App; or
• any violation by you of applicable law (-s), third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our legal strategy.

Force majeure

In brief:

• We are released from liability in the cases of force majeure.

We shall not be in default of any obligation under the Terms if the failure to perform the obligation is due to any event beyond our reasonable control, that is unforeseeable, the occurrence and effect of which are unavoidable and insurmountable (including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, natural disaster, other acts of God, war, riot, insurrection, epidemic or pandemics (as declared by the World Health Organization), strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry).

Applicable law and jurisdiction

In brief:

• The laws of the Republic of Estonia govern these Terms.
• We hope to resolve all the issues by amicable means, but if a serious dispute arises between us, it must be resolved in the courts of the Republic of Estonia.

These Terms shall be exclusively governed by and construed under the laws of the Republic of Estonia, excluding its rules on conflict of laws.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the App, Content, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with our team following the principles of good faith and cooperation.

If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the Republic of Estonia, subject to its jurisdiction rules, with the applicable substantive law of the Republic of Estonia.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION, MEDIATION, LITIGATION, OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.

Electronic communications

By installing the App and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:

• your use of the App, Content, or Account;
• updates of the App, terms of our services, and these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe (opt-out) from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Notice.

Termination

In brief:

• To terminate this Agreement with us, you have to delete your Account (if any) and delete the App.
• We are entitled to delete your Account or terminate your access to the App if you violate these Terms.

Termination by us

We reserve the right at our sole discretion to modify, suspend, or discontinue the App, any Content, features, services, or offers available via the App at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the Account, App, and Content.

We can cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this Agreement by the deletion of your Account (if any) and deletion of the App from your Device (-s). If you terminate this Agreement, all permissions and licenses provided to you under these Terms will immediately terminate.

Miscellaneous

We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the App, we’ll notify you before the changes’ effective date via the App and/or MacUpdate website or otherwise at our sole discretion. If you continue to use the App, you agree to the updated version of these Terms.

If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable. Our failure to exercise or enforce any right under these Terms shall not be construed as a waiver of such right.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.