Terms of Use
Effective as of April 3, 2024 | 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, 85101 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava III Municipal Court, Section Sro, Entry No 3586/B, Business Registration Number: 31333532 ("ESET" or "Provider") and you, a natural person or a legal person forming a small business entity ("You" or "User") who seeks to obtain or has obtained a right to use our standardized subscription offering ("Offering"), who registers for and uses the ESET HOME account ("Account") or uses services and features provided by ESET through the Account (collectively "Services"), setting forth, among other things, the terms and conditions for their use. If You are obtaining or using the Services on behalf of an organization, You agree to these Terms for that organization and guarantee that You have such authority. In that case, "You" and "User" will refer to that organization.
Read these Terms carefully before using or purchasing any Services or creating the Account. These Terms will become binding to You, and the contract between You and ESET will be concluded when: (i) ESET or ESET partner sends You email confirmation of your Offering purchase, (ii) your Account was successfully created, or (iii) You start to use any part of the Services, whichever of the options happens earlier.
These Terms prescribe general conditions for the provision and use of our Services. Some Services or their components may be subject to additional special terms applicable only to them ("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"). Moreover, the use of Services or their components may also be subject to additional prerequisites or technical requirements, which are detailed and available in the applicable documentation.
Note that any purchase or payment terms (if applicable) as well as any initial supply/delivery terms related to Services are out of the scope of these Terms and will be agreed separately between You and ESET or the ESET partner from whom You are purchasing the respective Service.
Our Services are intended for adults only. If You are under eighteen (18) years old, You may only use the Account or the related Services if your parent or other legal guardian is involved.
Our Services and their Use
Our Services. Most Services require using our standard ESET software products that must be locally installed on your device(s) ("Product"). You may obtain the right to use our Services by purchasing either (i) subscription to our Offering, (ii) ESET Product license ("License"), which includes some Services provided through the Account or (iii) by obtaining a trial version thereto. The Services can be purchased directly from ESET or our ESET partners under separate purchasing and payment terms. You may find a more general description of the Services provided according to these Terms below and their more detailed specification in the applicable documentation.
Bear in mind that the exact Services, Products and features to be provided to You depend on the country where You are located and the platform/operation system on which You will choose to use them. Therefore, some functionalities and Products may not be available in your country or on all platforms/operation systems. You also need to ensure that You meet our technical requirements and prerequisites to be able to use the Services. You may find more detailed information on this topic in our technical documentation. We may use subcontractors to provide any Services or features.
Subscription Offering. ESET Offering consists of our standard services, Products, features and capabilities combined into modules that provide certain common functionality ("Modules") that are grouped into tiers ("Tier") and our standard stand-alone Products that can be bought separately from the Tier. By subscribing to the Offering through ESET or an ESET partner, You will gain a right to be provided, for the agreed subscription period, with the Offering you have purchased and, therefore, with certain Modules that are included in your Offering Tier and/or with a stand-alone Product. You may find the descriptions of the Modules and stand-alone Products in the Special Terms section below and their more detailed specification in the applicable documentation.
No-subscription License. In case You have not subscribed to the Offering but have obtained the License(s), You may be eligible to use some Services provided through the Account, depending on the content of the License(s) You have purchased and for the duration of your License. Most of those Services relate to ESET 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 License(s). The Services that You may be provided with pursuant to these Terms are ESET HOME, Anti-theft, Parental Control or Password Manager. You may find descriptions of those Services in the Special Terms section below and their more detailed specification in the applicable documentation. Other Services are provided only as a part of the Offering, and therefore, You are not entitled to their provision pursuant to these Terms.
Services start date. The start date for the provision of our Services and, therefore, the day from which the Services are available to You is the date when You purchase the Offering or License, the date when You use the activation key or the day when You obtain/download a trial version of our Offering or License.
Your Account. The Account enables You to access and use ESET Services. It is obligatory for You to create an Account in case You have subscribed to our Offering; otherwise, You will not be able to activate and use our Services. In case You haven't subscribed to our Offering but have purchased a License, the Account is necessary for You to use the included Services, as they cannot be provided outside the Account.
ESET Products. To use our Services, You must install the required ESET Products on your device(s) and ensure they are connected to the Internet. Use of our Products is subject to acceptance of the respective End User License Agreement ("EULA") during the installation process and may also be subject to additional prerequisites or technical requirements, detailed and available in the applicable documentation.
Updates. As our Services are constantly evolving, ESET may, from time to time and without your permission or consent, deploy an update, upgrade or replacement for any part of the Service as well as the included Product ("Update"). Every Update will be deemed a part of the Service after its deployment for the purpose of these Terms. The update may include adding, removing or modifying any features or functionalities included in Services or replacing them entirely. You may not be able to use the affected Services until the Update is fully deployed. In some cases, You may need to download or install a certain Product Update to obtain maximum benefit from our Service. ESET may stop providing You with technical support and newer Updates or otherwise limit the Services provided to You until you install such required Updates. ESET has no obligation to provide You with a specific Update and may decide when and if the Update is appropriate. ESET may, at its sole discretion, stop providing Updates (i) for any other versions of the Service than the most current one or (ii) supporting the use of the Services in connection with any versions of operating systems or other software with which the Service is designed to operate.
These rules on Updates are also applicable to Product Updates. Product Updates will also be automatically installed unless You disable them in the Product settings. Provision of any Product Updates may be subject to End of Life Policy ("EOL Policy"), which is available at https://go.eset.com/eol_home. No Updates will be provided after the Product or any of its features reaches the End of Life date as defined in the EOL Policy.
ESET obligations. Subject to limitations stated in these Terms and documentation, We will provide our Services to You with due care, in a professional manner and in compliance with these Terms.
Your rights. Your right to use the Services is non-exclusive, non-transferable, and subject to conditions and limitations laid out in these Terms, Special Terms (if applicable), and documentation, as well as your compliance with those legal documents. You may only use our Services in a conventional manner and only for the purposes for which they are intended. In case You are a consumer, You may only use them for personal non-commercial purposes. If You are a small business entity purchasing our small business offering, You may also use our Account and Services in connection with your business activities. Moreover, You have the right to use the Services on the agreed number of devices and for the period of your Offering subscription or duration of your License, depending on your purchase. ESET (and its suppliers or licensors) reserve all rights not explicitly granted to You by these Terms or Special Terms.
Your consent. For compliance with consumer protection legislation and in case You are a consumer, You grant us your explicit consent that we may start to provide You with Services and the related electronic content right after You register your Account (and fulfill 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.
Your obligations. You are responsible for using your Account and Services and keeping any ESET Offering activation codes or License keys (collectively "Activation Code") and any passwords confidential and secure. To the maximum extent permitted by applicable law, You agree to accept responsibility for all activities under your Account or Activation Code. To maintain control over your Account and Services and to prevent anyone from accessing them, You shall not disclose your Activation Code or passwords to anyone, and You shall restrict access of third parties to your devices. You are obliged to contact us immediately if your password or Activation Code was disclosed to someone else, if an unauthorized person used your Account or Services or if You have a reason to believe that such events might happen. Moreover, You shall ensure that the data You provide to ESET during the 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.
Forbidden Use. You shall not: (i) use the Services and your Account for any illegal purposes, including in connection with any criminal or fraudulent activities or in any way that may result in interruption, disruption or any damage to Services and our websites, may be harmful to others, or is otherwise contrary to these Terms and documentation, (ii) sell, sub-license, lease, rent or borrow any Service, Product or their part or use them for the provision of commercial services, (iii) reverse engineer, reverse compile or disassemble the Product or any Service feature or otherwise attempt to discover their source code, except to the extent that this restriction is expressly prohibited by law; (iv) exercise any activities involving use of the Activation code contrary to these Terms or leading to provision of Activation Code to any person who is not entitled to use the Services, such as the transfer of used or unused Activation Code in any form, as well as the unauthorized reproduction, or distribution of duplicated or generated Activation Codes or using the Service as a result of the use of a Activation Code obtained from the source other than ESET or ESET partners, or (v) use the Services and their features in a way which limit the possibility of other Users to access these Services. ESET reserves the right to restrict or limit the scope of Services provided to individual Users to enable the highest possible number of Users to use the Services. ESET reserves a right to terminate your Account, discontinue the provision of Services, or refuse their provision in such cases.
Your acknowledgments. ESET will always aim for the highest standards when providing Services; however, You acknowledge that (i) we do not guarantee or warrant that our Products or Services will find, locate, discover, prevent, warn of or respond to all threats, vulnerabilities, malware, or malicious software that might be present on your device or that You may encounter online or offline and that You will not hold ESET liable therefore; (ii) You should back up your documents, software, and other data regularly to prevent or minimize the risk of their loss or damage; (iii) You should keep our Products and other related software available, in operation and up-to-date (by updating and upgrading them regularly); (iv) we do not guarantee the continuous availability of our Services or of any specific features as well as any response times; (v) we may impose limitations on usage our Service and its features in the documentation or block certain kinds of usage.
ESET, ITS AFFILIATES, PARTNERS, DISTRIBUTORS AND ITS SUPPLIERS CANNOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY THE YOUR FAILURE TO FULFILL ANY OF THE OBLIGATIONS ABOVE OR FOR YOUR RELIANCE ON SERVICES IN CONFLICT WITH ANY OF THE ABOVE ACKNOWLEDGMENTS.
Technical support. ESET or third parties commissioned by ESET shall provide technical support at their discretion, without any guarantees or declarations. No technical support will be provided in relation to the Product or any of its features if it reaches the End of Life date defined in the EOL Policy. You should back up all existing data, software, and program facilities before technical support is provided. ESET and/or third parties commissioned by ESET cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. ESET and/or third parties commissioned by ESET reserve the right to decide that resolving the problem is beyond the scope of technical support. ESET reserves the right to refuse, suspend or terminate the provision of technical support at its discretion. License information, Information and other data in compliance with the Privacy Policy may be required for technical support provision.
Account Cancellation. You may cancel your Account anytime. However, bear in mind that it will make some of the Services unusable.
Electronic Communication
ESET will communicate with You electronically while performing activities presumed by these Terms, including in the provision of the Services and Account. We may send You emails or 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, and valid email address are required for registration and use of the Account and provision and maintenance of Services and are therefore necessary for the performance of a contract 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, provision of and authorization to use the Account and Services, for the establishment, exercise and defense of ESET's legal claims as well as for providing You with technical support when needed.
Moreover, depending on the Services You choose to use and your privacy and security settings, additional data collection will be required directly from You or our Products or Services. 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 ordering the Offering, Account registration or Product installation, 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 individual Privacy Policies may apply to Services or Products You use, and You can find them in the documentation related to the relevant Service or Product.
In case You are a business User of our Service, the Data Processing Agreement included in Annex 2 to these Terms will apply to You for the data processing when You are deemed a data controller. In such cases, Standard Contractual Clauses included in Annex 3 to these Terms will apply in addition to Data Processing Agreement in case of transfers and processing of personal data located outside of the European Economic Area or a country designated as safe by the decision of the European Commission.
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, application and Products (collectively "Software") or 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-utilize 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.
In case You choose to install our mobile application to access and use your Account and the related Services, the application EULA included in Annex 1 to these Terms will apply to You.
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 OR SERVICES, 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, use it in any manner or be involved in any activity 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:
- any laws that control, restrict, or impose licensing requirements on the 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
- any economic, financial, trade or other sanction, restriction, embargo, import or export ban, prohibition on the 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:
- ESET determines that, in its reasonable opinion, the User has breached or is likely to breach a provision of section (a) of this Trade control compliance clause of these Terms or
- the 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 that 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. You and the Provider agree that conflict provisions of the governing law and the 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 the Slovak courts. 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 where 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 officially raising any claim.
General Provisions
ESET reserves the right to make changes to our Services and 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 Product or Account. If You disagree with the proposed changes to these Terms or Special Terms, You may cancel your Account and/or cancel the affected purchased Services within 30 days after receiving a notice of the change. Unless You cancel your Account or Service within this time limit, the proposed changes will be deemed accepted and become effective towards You as of the date You received a notice of the change.
Our contact details
If You have any questions or queries or would like to submit a notice or a claim, do not hesitate to contact us using our Contact details or 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, SERVICE MODULES AND SPECIAL TERMS FOR THEIR USAGE
1. ESET HOME
ESET HOME web portal and mobile app enable You to manage your ESET Services and Products associated with your Account and devices where our Product is installed by using your Account. You can view the security status of the devices protected by such associated Services and/or Products, receive important notifications about managed devices and Products, add, buy or renew expired Offering or License (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 the 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 number of Products or devices You can manage from your Account.
2. Modern Endpoint Security
Modern Endpoint Security helps to protect your devices from online and offline threats and block the spread of malware to other users. Moreover, it helps to prevent, detect and resolve security incidents that may occur on your device. Modern Endpoint Security includes security features on top of standard antivirus and antimalware protection, including our Ransomware Shield, Intel Threat Detection Technology, SysInspector, Brute Force Attack Protection, Firewall and ESET LiveGuard. It may only be available to You if You have subscribed to our Offering as part of the Tier.
To use Modern Endpoint Security, You need to install the relevant Product(s) on those device(s) that should benefit from the Service. Our Products contain functions that collect samples of computer viruses and other malicious computer programs and suspicious, problematic, potentially unwanted or potentially unsafe objects such as files, URLs, IP packets and ethernet frames ("Infiltrations") and then send them to ESET, including but not limited to information about the installation process, the device and/or the platform on which the Product is installed and information about the operations and functionality of the Product ("Information"). The Information and Infiltrations may contain data (including randomly or accidentally obtained personal data) about You or other users of the device on which the Product is installed, as well as files affected by Infiltrations with associated metadata.
Information and Infiltrations may be collected by following functions of the Product:
- LiveGrid Reputation System function includes collecting and sending one-way hashes related to Infiltrations to ESET. This function is enabled under the Product's standard settings.
- LiveGrid Feedback System function includes collecting and sending of Infiltrations with associated metadata and Information to ESET. You may activate this function during the installation of the Product.
ESET will only use Information and Infiltrations received for the purpose of analysis and research of Infiltrations, improvement of our Services and verification of your right to use the Services. We will take appropriate measures to ensure that Infiltrations and Information received remain secure. By activating this Product function, Infiltrations and Information may be collected and processed by ESET as specified in the Privacy Policy and in compliance with relevant legal regulations. You can deactivate these functions at any time.
3. Safe Server
Server Security is available only in our small businesses Offering. It proactively detects and helps to clean viruses, trojans, worms, and rootkits. It can flag new types of malware, helping protect your file server running on the Windows Server operating system. It also includes web access and anti-phishing protection that monitors communication between web browsers and remote servers (including SSL) and scans it for malware and phishing. Email client protection provides control of email communication received through the POP3(S) and IMAP(S) protocols. ESET LiveGrid monitors the behavior of applications and processes that try to modify files in a way common for ransomware/file coders. If an application's behavior is considered malicious, or the reputation-based scanning shows an application to be suspicious, the application is blocked, and the process is stopped, or the user will be asked to block or allow it. Moreover, It automatically scans all removable media for malware. This Service may only be available to You if You have subscribed to our small businesses Offering as part of the Tier.
4. Safe Banking & Browsing
Safe Banking & Browsing enables You to use a secured browser mode when using online banking, accessing web-based crypto-wallets, or just browsing. It helps defend you against malware, keylogging, and other types of digital threats. This Service may only be available to You in case You have subscribed to our Offering Tier.
5. Webcam Protection
Webcam Protection monitors your computer for attempts to use your webcam. It alerts You to unexpected attempts and allows You to block them. This Service may only be available to You in case You have subscribed to our Offering Tier.
6. Network Inspector
The Network Inspector can help You identify vulnerabilities in your trusted network and the security of devices connected to your local network. It also provides a list of connected devices, categorized by device type (for example, printer, router, mobile device, etc.) to show you what is connected to your network. Network Inspector helps you identify a router's vulnerabilities and increases your level of protection when connected to a network. This Service may only be available to You in case You have subscribed to our Offering Tier.
7. Browser Privacy & Security
Browser Privacy & Security enhances your browsing security. It contains our browser extension that can be installed in the browser You choose. After installation, it helps You to distinguish between safe and unsafe search results and helps to protect you from phishing attempts and other online threats. In some Offering Tiers, Browser Privacy & Security also contains metadata cleanup functionality, allowing You to remove metadata from images uploaded to your browser. This Service may only be available to You in case You have subscribed to our Offering Tier.
8. ESET Password Manager
ESET Password Manager is a digital identity management tool that allows You to store your login credentials or other data securely. 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 share them with your friends or family, who may enjoy them to the full extent. However, as a subscriber or a License owner, You will keep the right to cancel their license at any time. Password Manager may be available to You as part of the License as well as part of the Offering Tier.
9. Secure Data
Secure Data allows You to encrypt data on your computer or removable drives. This Service may only be available to You in case You have subscribed to our Offering Tier.
10. Virtual Private Network
Virtual Private Network ("VPN") allows You to establish a private network connection when using public and private networks. When you connect to a location in the VPN app, your device is assigned a new IP address, and your online traffic becomes encrypted. This makes it more difficult for third parties to track your activities online or obtain your data. This Service may only be available to You in case You have subscribed to our Offering Tier.
You agree not to misuse VPN. Misuse includes but is not limited to using VPN to damage or cause risk to our business, reputation, employees, other users, facilities, or to any person; removing, circumventing, disabling, damaging or otherwise interfering with security-related features of VPN; intentionally interfering with or damaging operation of VPN, by any means, including uploading or otherwise disseminating on the Internet spam, viruses, adware, spyware, worms, or other malicious code. You agree to indemnify, save, and hold ESET, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, and liabilities, including legal fees and expenses arising out of your misuse of VPN, any violation by you of the Terms, or any breach of the representations, warranties, and covenants made by you herein.
ESET reserves the right to terminate, suspend or otherwise restrict your access to VPN, with or without notice, in case You use it in violation of these Terms or if You engage in any inappropriate or unlawful behavior on your part.
11. Anti-Theft
Anti-Theft helps to prevent the loss or misuse of critical data in direct connection with the loss or theft of a computer or other device where it is installed. Anti-Theft may be available to You as part of the License as well as part of the Offering Tier.
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 choose 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, content displayed on its screen, its configuration and/or recorded by a connected camera. You may use such data obtained by Anti-theft and provided via Account exclusively to rectify an adverse situation caused by losing your device. ESET will process those data as specified in the Privacy Policy and in compliance with relevant legal regulations only to provide You with this Service. You can deactivate this function at any time.
Anti-Theft shall be used exclusively in the event of theft or loss of your device and in relation to devices You have legitimate rights towards and access to. Any identified use that may be deemed illegal or harmful or that may interfere with or negatively impact the rights of others may be reported to a 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 the 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.
12. 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 use location finding for those devices where the relevant Product is installed and ESET Parental Control is active. ESET Parental Control may be available to You as part of the License, Offering Tier, as well as a stand-alone Product for Android purchased as part of the Offering.
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. Users with access to the Account can create profiles for managed users with one or more devices. ESET reserves the right to limit the number of profiles and devices one User uses.
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, and 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 and 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 rights towards and access to. Any identified use that may be deemed illegal or harmful or that may interfere with or negatively impact the rights of others may be reported to a 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 software, which are available in the documentation and which shall be accepted during the software installation process.
13. Identity Protection
Identity protection is a third-party service aiming at protecting your personal, credit and financial information. It helps to detect the illegal selling of your personal information by providing continuous monitoring. You will receive an alert on your device when Identity Protection evaluates that your personal information is at risk. Identity Protection may only be available to You in case You have subscribed to our Offering Tier.
If Identity Protection is available within your jurisdiction, You acknowledge and agree that it will be provided exclusively by third-party service providers. The provision, terms, conditions, and any liabilities arising from such services will be governed solely by the terms of the respective third-party service provider. ESET makes no representations, warranties, or guarantees regarding such Services' efficacy, accuracy, or completeness and shall bear no liability or responsibility for any claims, losses, or damages arising from Your reliance on or using the Identity Protection.
14. Stand-alone Products ESET NOD32 Antivirus, ESET Mobile Security for Android and ESET Smart TV Security
If you have subscribed to any of our stand-alone Products included in our Offering, You will be provided with the right to use the respective Product and be eligible to obtain certain Services. ESET NOD32 Antivirus, ESET Mobile Security for Android and ESET Smart TV Security are basic solutions to help You protect your devices from viruses and malware. To use them, You need to install the relevant Product on those device(s) that should benefit from the Service.
These Products contain functions that collect samples of Infiltrations and Information and then send them to ESET. The Information and Infiltrations may contain data (including randomly or accidentally obtained personal data) about You or other users of the device on which the Product is installed, and files affected by Infiltrations with associated metadata. Information and Infiltrations may be collected by following functions of the Product:
- LiveGrid Reputation System function includes collecting and sending of one-way hashes related to Infiltrations to ESET. This function is enabled under the Product's standard settings.
- LiveGrid Feedback System function includes collecting and sending Infiltrations with associated metadata and Information to ESET. You may activate this function during the installation of the Product.
ESET will only use Information and Infiltrations received for the purpose of analysis and research of Infiltrations, improvement of our Services and verifying your right to use the Services. We will take appropriate measures to ensure that Infiltrations and Information received remain secure. By activating this Product function, Infiltrations and Information may be collected and processed by ESET as specified in the Privacy Policy and in compliance with relevant legal regulations. You can deactivate these functions at any time.