Terms of Use

Effective as of April 21, 2021 | See a previous version of Terms of Use | Compare changes

These Terms of Use ("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: ‎31333532 ("ESET" or "Provider") and you, a natural person ("You" or "User”) who accesses and uses my.eset.com website ("website"), registers for and uses a website account ("Account"), or who uses the website, or services and features provided by ESET via Account (collectively “Services”), setting forth, among other things, the terms and conditions for their use.

Please read these Terms carefully before using any of the Services or registering your Account. These Terms will become binding to You based on your agreement granted during the Account registration process and after we send You confirmation your Account was successfully created or when You choose to use any of the Services. ESET may provide You with various Services after successful Account creation, some of which may be subject to additional special terms applicable only to that Service (“Special Terms”). If such Special Terms are inconsistent with these Terms, the provisions of Special Terms shall take precedence. You can find such Special Terms (if applicable) below or in the applicable documentation accessible via ESET Online Help ("documentation"), with their acceptance being part of the Service activation process.

Our Services are intended for adults only. If You are less then eighteen (18) years old, You may only create and use the Account or the related Services if your parent or other legal guardian is involved.

Your Account and its use

The Account enables You to access and use ESET Services. Most of those Services relate to ESET product licenses (“Products”) and enable You to either manage them across your devices from your Account as a central point, or provide You with additional functionalities on top of your Products. You may find descriptions of Services provided via the Account below and their more detailed specification in the applicable documentation.

To use our Services, You will need to have a registered and activated Account and be properly logged into it via your internet browser or a dedicated mobile application. Even though creation of the Account is free, You may need to purchase certain Services and/or certain Products and activate the related functionalities to use them via your Account. You may purchase such Products or Services by use of a separate ESET eStore platform or by use of platform of our partners and subject to their purchasing and payment terms. Moreover, use of Services and of the Account may be subject to additional prerequisites or technical requirements, which are detailed in the applicable documentation.

Your right to use our the Account and Services is non-exclusive, non-transferable and subject to conditions and limitations laid-out in these Terms, Special Terms (if applicable), documentation, as well as subject to your compliance with those legal documents. You may only use our Services and Account for personal non-commercial purposes, in conventional manner and only for the purposes for which they are intended. Moreover, your right to use the Services may be limited for the term of your Service subscription period or duration the Product licenses. ESET (or its suppliers or licensors) reserve all rights not explicitly granted to You by these Terms or Special Terms.

For compliance with consumer protection legislation, You grant us your explicit consent that we may start to provide You with Services and the related electronic content right after You registered your Account (and fulfilled any additional prerequisites). You confirm that You were informed that by granting us this consent, You will lose your right to withdraw from the contract created based on these Terms.

You are responsible for use of your Account and for keeping it and the related passwords confidential and secure. To the maximum extent permitted by applicable law, You agree to accept responsibility for all activities occurring under your Account. To maintain control over your Account and to prevent anyone from accessing it, You shall not disclose your passwords to anyone and You shall restrict access of third parties to your devices connected to your Account. You are obliged to contact us immediately if your password was disclosed to someone else, if your Account was used by an unauthorized person or if You have a reason to believe that such events might happen. Moreover, You shall ensure that data You provide to ESET during registration process or via your Account are accurate and up-to-date, and that You inform us of any changes to them by updating the information in the “My Account” section.

You shall not use the Services and your Account: (i) for any illegal purposes, including in connection with any criminal or fraudulent activities or in any way that (ii) may result in interruption, disruption or any damage to Services and our websites, (iii) may be harmful to others, or (iv) is contrary to these Terms, Special Terms and documentation. ESET reserves a right to terminate your Account, to discontinue provision of Services or to refuse their provision in such cases. Moreover, ESET reserves a right to cease the provision of Services or cancel the website where your Account is registered. You shall be entitled to refund in cases You paid for the canceled Services.

You may cancel your Account anytime. However, please, bear in mind that it will make some of the Services unusable.

Electronic Communication

ESET will communicate with You electronically in the course of performing activities presumed by these Terms, including in the course of provision of Services, Account or our website. We may send You emails, in-app notifications via your Product or Account or post the communication on our website. You agree to receive legal communications from ESET in electronic form, including any communications on change in Terms, Special Terms or Privacy Policies, any contract proposal/acceptance or invitations to treat, notices or other legal communications and that such electronic communication shall be deemed as received in writing, unless a different form of communication is specifically required by applicable laws.

Security and Data Protection

Your full name, country, valid email address are required for registration and use of the Account and for provision and maintenance of Services and are therefore necessary for performance of a contract formed between You and ESET based on these Terms and Special Terms. Your data will be collected and transferred to ESET servers or those of its partners where they will be processed to ensure functionality and provision of and authorization to use the Account and Services, for establishment, exercise and defense of ESET´s legal claims as well as for providing You with support when needed.

Moreover, depending on Services You choose to use via your Account and to provide them to You, additional collection of data may be required either from You or from the Product associated with your Account.

ESET will process data obtained from You or your Product, some of which may include personal data, in accordance with our Privacy Policy. You will be prompted to read it in the process of Account registration and You can refer to it anytime You will need more information about how we process your data in the context of the Account and Services or about your rights as a data subject. Additional privacy policies may apply to Products You use and You can find them in the documentation related to the relevant Product.

Intellectual Property Rights

ESET or its respective suppliers are owners or holders of copyright or other intellectual property rights to software available on the website, Products (collectively “Software”) or to any other content available on the website, such as any text, documents, images, logos, icons, buttons or databases (“content”). Subject to your compliance with these Terms and Special Terms and your payment of any applicable fees, You are granted a limited, non-exclusive, non-sublicensable and non-transferable license to use Software and content for personal and non-commercial purposes and only as necessary for your use of Services as permitted by these Terms and Special Terms. You may not extract or re-utilise any content or parts of any Services (including by use of framing techniques) without our explicit written consent. ESET and its suppliers reserve all rights not explicitly granted to You in these Terms or Special Terms.

Moreover, any Products and Software can be used only in accordance with the End User License Agreement ("EULA"), which is supplied together with it, or comprises part of it. Products or Software supplied with the EULA cannot be installed without the User's consent hereto.

Disclaimers

AS THE USER, YOU HEREBY ACKNOWLEDGE THAT THE ACCOUNT AS WELL AS SERVICES ARE 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 ACCOUNT OR SERVICES WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE ACCOUNT OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ACCOUNT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ACCOUNT AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.

These Terms create no obligations on the part of the Provider and its licensors other than as specifically set forth herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR CONTRACTORS 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 ACCOUNT, EVEN IF THE PROVIDER, ITS CONTRACTORS 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, CONTRACTORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE SERVICE OR ACCOUNT IN QUESTION.

Trade control compliance

(a) You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any person, or use it in any manner, or be involved in any act, that could result in ESET or its holding companies, its subsidiaries, and the subsidiaries of any of its holding companies, as well as entities controlled by its holding companies ("Affiliates") being in violation of, or being subject to, negative consequences under trade control laws which include:

i. any laws that control, restrict, or impose licensing requirements on export, re-export or transfer of goods, software, technology, or services, issued or adopted by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which ESET or any of its Affiliates are incorporated or operate and

ii. any economic, financial, trade or other, sanction, restriction, embargo, import or export ban, prohibition on transfer of funds or assets or on performing services, or equivalent measure imposed by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which ESET or any of its Affiliates are incorporated or operate

(legal acts referred to in points i, and ii. above together as "Trade Control Laws").

(b) ESET shall have the right to suspend its obligations under, or terminate, these Terms with immediate effect in the event that:

i. ESET determines that, in its reasonable opinion, the User has breached or is likely to breach provision of section (a) of this Trade control compliance clause of these Terms; or

ii. the End User and/or the Software become subject to Trade Control Laws and, as a result, ESET determines that, in its reasonable opinion, the continued performance of its obligations under these Terms could result in ESET or its Affiliates being in violation of, or being subject to negative consequences under, Trade Control Laws.

(c) Nothing in these Terms is intended, and nothing should be interpreted or construed, to induce or require either party to act or refrain from acting (or to agree to act or refrain from acting) in any manner which is inconsistent with, penalized, or prohibited under any applicable Trade Control Laws.

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. If You are a consumer with habitual residence in the EU, You are also afforded additional protection granted to You by mandatory provisions of law applicable in your country of residence.

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, Account or Services or arising from these Terms or Special Terms (if applicable) 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. If You are a consumer and have a habitual residence in the EU, You may also bring a claim to enforce your consumer rights in the place of exclusive jurisdiction or in the EU country in which You live. Moreover, You may also use an online dispute resolution platform, which can be accessed here: https://ec.europa.eu/consumers/odr/. However, consider contacting us first before raising any claim officially.

General provisions

ESET reserves the right to make changes to our Services as well as to revise these Terms, Special Terms and documentation or any portion thereof at any time by updating the relevant document (i) to reflect changes to the Account, Services or website or in how ESET does the business, (ii) for legal, regulatory or security reasons, or (iii) to prevent abuse or harm. You will be notified about any revision of these Terms or Special Terms by email or via your Account at least 15 days before such changes apply. If You disagree with the changes to these Terms or Special Terms, You may cancel your Account and/or cancel the affected purchased Services before new version of Terms/Special Terms will start to apply. Unless You cancel your Account or Service within this time period before their applicability, You are bound by any amendments or revisions of these Terms.

Our contact details

If You have any questions, queries or would like to submit a notice or a claim, do not hesitate to contact us by use of our Contact details or by use of our Technical Support Page if You are experiencing any technical issues. We will do our best to solve any such queries within 30 days after receiving them.

SERVICES AND SPECIAL TERMS FOR THEIR USAGE

1. Product Administration

Product Administration is a Service that enables You to manage your Products that were associated with your Account, and devices where our Product is installed, by use of your Account. You can view security status of the devices protected by such associated Products, receive important notifications in relation to managed devices and Products, add, buy or renew expired Products (by use of a separate platform), download Products to your device, share them with your family and friends or enjoy other functionalities as described in documentation. Product Administration will be enabled after You successfully create an Account, but you will be able to use most of its functionalities only after you associate at least one Product with your Account. The documentation may state the maximum amount of Products or devices that You may be able to manage from your Account.

2. ESET Parental Control

ESET Parental Control allows You to control access of managed users (such as your children) to certain categories of websites and/or mobile applications, employ time management rules towards managed users or to use location finding for those devices, where the relevant Product is installed and ESET Parental Control is active. To use ESET Parental Control, You have to associate your Product (with active ESET Parental Control) with your Account. You shall not associate the same Product with more than one Account at the same time. End User with access to the Account is allowed to create profiles to managed users with one or more devices. ESET reserves the right to limit number of profiles and devices used by one End User.

To function properly, an active ESET Parental Control sends information to the Provider, including but not limited to information on visited websites, locations, mobile applications, information about the used device, including information about the operations and functionality of the ESET Parental Control. Such information may contain data (including randomly or accidentally obtained personal data) about You or other managed users, information about the device, the operating system and applications installed. ESET shall take appropriate measures to ensure that all information received remains confidential.

You may only use ESET Parental Control in relation to devices of managed users You have legitimate right towards and access to. Any identified use which may be deemed illegal, harmful or which may interfere with or negatively impact rights of others may be reported to competent authority and may result in restricting access to the Service. ESET will comply with relevant laws and assist law enforcement authorities in the event of any misuse.

By accepting these Terms, You also acknowledge that provision and use of ESET Parental Control and processing of data in the context of its provision is also regulated by End User License Agreement and Privacy Policy of associated ESET Parental Control, which are available in the documentation and which shall be accepted during the software installation process.

3. Anti-Theft

Anti-Theft helps to prevent loss or misuse of critical data in direct connection with loss or theft of a computer or other device where it is installed. Anti-Theft is only available for some Products provided by ESET. For more information see Product documentation.

Anti-Theft is switched off under the default settings of the associated Product. To use Anti-theft, You need to install the required Products, activate the Anti-theft functionality and associate your Product with the Account. You may choose to activate Anti-theft and the related data collection in the event of theft or loss of your computer or other device. If You chose to activate this function of the Product, data about the missing device will be collected and sent to ESET, which can include data about the device network location, data about the content displayed on its screen, data about its configuration and/or data recorded by a connected camera. You may use such data obtained by Anti-theft and provided via Account exclusively for rectifying an adverse situation caused by loss of your device. ESET will process those data as specified in Privacy Policy and in compliance with relevant legal regulations for the sole purpose of providing You with this Service. You can deactivate this function at any time.

Anti-Theft shall be used exclusively in relation to devices and by use of Account You have legitimate right towards and access to. Any identified use which may be deemed illegal, harmful or which may interfere with or negatively impact rights of others may be reported to competent authority and may result in restricting access to the Service. Provider will comply with relevant laws and assist law enforcement authorities in the event of any misuse.

By accepting these Terms, You also acknowledge that provision and use of Anti-Theft and processing of data in the context of its provision is also regulated by End User License Agreement and Privacy Policy of associated ESET Anti-Theft software, which are available in the documentation and which shall be accepted during the software installation process.

4. ESET Password Manager

ESET Password Manager is a digital identity management tool enabling You to store your login credentials or other data in a secure manner. Its use is subject to Special Terms for ESET Password Manager and a special Privacy Policy, which apply in addition to these Terms and Account Privacy Policy. To use ESET Password Manager, You need to install the required Product, create and activate your Account and associate your Product with the Account. Your Account will, among other useful functionalities, enable You to manage your licenses to ESET Password Manager and to share them with your friends or family, who may then enjoy them to full extent. However, You as license owner will keep the right to cancel their license any time.