TERMS AND CONDITIONS

Welcome to https://macflypro.com (the “Website”)! 

Please read these Terms and Conditions (the “Terms and Conditions” or “Terms”) carefully. These Terms and Conditions in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference are a legal agreement between you individually, or if you are authorized to acquire our software and/or MacFly Pro Helper (as this term defined hereunder), access the Website and/or use our services and any and all enhancements, modifications, revisions and/or new versions thereof on behalf of your company or another organization, between the entity on behalf of whose you act (“you”, “your” or “End User”) and BGtech Ltd ("Company", “we”, “us” or “our”).

BY ACCESSING OR USING THIS WEBSITE, MACFLY PRO HELPER, ANY OF OUR SERVICES OR MACFLY PRO SOFTWARE, CLICKING ON THE “I AGREE”, “ACCEPT” OR “YES” BUTTON, AND/OR BROWSING THE WEBSITE, OR DOWNLOADING THE SOFTWARE, AND/OR MACFLY PRO HELPER OR OTHERWISE INDICATING YOUR ASSENT, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU ACT ON BEHALF OF, AND TO BIND THAT COMPANY TO THESE TERMS AND CONDITIONS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE SOFTWARE, MACFLY PRO HELPER OR THE SERVICES.

Your use of MacFly Pro Software (as defined hereunder) shall be governed by the End User License Agreement (“EULA” or “EULA Agreement”) and other terms and conditions in effect for the Software at the time of subscription. The relevant EULA Agreement will be displayed when you install or configure our Software, and you will be asked to accept the EULA before using the MacFly Pro Software. You shall not use, download or install Software that is accompanied by or includes an EULA Agreement unless you agree to the terms and conditions of such EULA Agreement. 

In many cases, a copy of the EULA Agreement also will be installed on your computer. Our EULA Agreement is available on https://macflypro.com, and apply in addition to, and supplement the provisions of, these Terms and Conditions. In the case of a conflict between these Terms and Conditions and the EULA Agreement, the provisions of these Terms and Conditions shall govern.

Changes to these Terms

We reserve the right to change these Terms and Conditions at any time. The updated version of the Terms will be effective upon the date of posting unless indicated otherwise in the updated Terms. It is your responsibility to check these Terms periodically for changes. You can review the most current version of the Terms at any time at https://macflypro.com. Your acceptance of the Terms by clicking a checkbox (if one is made available to you), or your continued use of the Website and/or our Services after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your use of Services and/or discontinue your use of the Website.

We may also, in the future, offer new services and/or features through the Services (including, the release of new tools, features and/or resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.

Description of Services. License

Company provides a service to improve the performance of your Apple computer (MacBook, MacBook Pro, MacBook Air, iMac, - hereinafter collectively referred to as “Apple Computer”). More specifically, we provide software for end users to clean cache and other temp files on their Apple Computer, clean startup and remove apps, find duplicates and free up disk space (“Mac Fly Pro Software”, “MacFly Pro” or “Software”).

The “Service(s)” means (a) the website https://macflypro.com, and (b) all software (including the Software, as defined herein, and MacFly Pro Helper mobile application), data, applications, text, images, and other content made available by or on behalf of Company.  Any modifications to the Services are also subject to these Terms. Company reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to Company.

At no time will we provide you with any tangible copy of our Software. The Company shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation.  For the purposes of this section, tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying EULA Agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location. If no EULA Agreement accompanies use of the Software, use of the Software will be governed by these Terms. Subject to your compliance with the Terms, the Company grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. 

To make your using of our Services as comfortable as possible, we make available to you MacFly Pro Helper, our iOS mobile application which can be downloaded from our Website (“MacFly Pro Helper”). MacFly Pro Helper will allow you to browse the instructions of our Software, and will give you tips how to make your experience in using our Software more efficient and pleasant. With MacFly Pro Helper you may also sign up to receive newsletters from us, so that we can send you occasional information emails with particular news about our Services or promotions which we feel may interest you.

Subscriptions

Our Services are provided and billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Subscription Period(s)”). Subscription Periods are set on a regular basis, typically monthly or yearly, and shall start on the payment date for your Subscription.

At the end of each Subscription Period, your Subscription will automatically renew under the same conditions unless you cancel it or Company cancels it. You may cancel your Subscription renewal either through your personal account which our payment processor automatically creates for you when you purchase our Services, or by contacting Company’s customer support team at support@macflypro.com. Disabling and/or cancelling of any Service will take effect after any existing paid Subscription Periods expire. When you disable a Service, no charges for the Service will appear in your Subscription fee for the next Subscription Period. Requests to cancel/disable any Service must be processed before five (5) calendar days before your new Subscription Period in order to avoid a subsequent charge for your Subscription Fee.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide our third-party payment processor with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. All amounts paid are refundable during the refund period. You further agree to be responsible for all taxes associated with the Services, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in US Dollars.

Free Trial

We may, at our sole discretion, offer a Subscription with a free trial with limited trial usage for unlimited period of time (“Free Trial”). You should buy a subscription to be able to remove unlimited volumes of junk and other files. Unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

Fee Changes

We may, at our sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Subscription Periods. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

The amounts paid are refundable during the refund period that lasts 30 days. It begins on MacFly Pro software purchase date and expires on the last day of the Refund Period. To get more detailed information, please check our Refund policy (macflypro.com/refund-policy.html).

Website Content; Proprietary Rights; License; Updates.

"Website Content" means all information, graphics, text, images, software, sound files, video, communications and other materials (including all metadata associated with any content) that Company and its licensors provide to you in connection with the Website. Company and its licensors own all Website Content, including the selection and arrangement of the Website Content. Company and its licensors own all legal rights, title and interest in and to the Website domain name, Website Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with your use of the Website, including any and all intellectual property and other proprietary rights that exist therein. We grant you a personal, non-exclusive, nontransferable, limited license to use the Website and Website Content (including updates and upgrades thereto) as part of the Services and in accordance with the Terms. We may from time to time update Website and/or Website Content. These updates may include bug fixes, feature enhancements, improvements, or new versions. You hereby agree that we may automatically deliver these updates to you.

Privacy And Collection Of Personal Information

We may collect and use information about your usage of the Services and/or Software, including certain types of information from and about your Apple Computer. Please see our Privacy Policy for further information on the collection and use of information.

Feedback

You agree that, if you submit or provide suggestions for improving our Software and/or Services ("Feedback") to the Company, by the act of submission or suggestion you effectively irrevocably assign to the Company all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from us and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback. Further, you effectively irrevocably waive and agree never to assert any claims against the Company or any of the Company's successors in interest with respect to Feedback you submit or provide to us. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by you.

Communication

When you use/ access the Website and/or our Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, as and when required. We may communicate with you by email, sms, push notifications, telephone or by such other mode of communication, electronic or otherwise. Your use of the Website and/or Services entitles you to receive periodic communication regarding our Services through email, sms, push notifications, telephone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from us you can unsubscribe to the communication by contacting our support team at: support@macflypro.com.

Testimonials

We post clients’` testimonials on our Website which may contain personal information (your photo, first name or initials). Your testimonials consist of any of your suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the Website and/or Services ("Testimonials"). 

If you provide us with your Testimonials, as part of your use of the Website and/or Services, you agree that:

  1. we may freely use, disclose, reproduce, license, distribute and otherwise commercialize your Testimonials in any of our services, specification or other documentation; and you provide us with your consent to post your photo, first and last name/initials along with your Testimonial on our Website;

  2.  you will not give us any Testimonials that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.

If you wish to request the removal of your testimonial you may contact us at support@macflypro.com

Updates

You understand that the Company’s Services are evolving. As a result, we may require you to accept updates to the Software that you have installed on your Apple Computer. You acknowledge and agree that the Company may update the MacFly Pro Software with or without notifying you. You may need to update third-party software from time to time in order to use the MacFly Pro Software.

Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions:

(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website and/or Software,

(b) you shall not frame or utilize framing techniques to enclose any trademark, logo (including images, text, page layout or form) of the Company;

(c) you shall not use any meta tags or other “hidden text” using Company’s name or trademarks;

(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, including the Website and/or Software except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(f) access the Services in order to build a similar or competitive website, application or service;

(g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;

(h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services, including the Website and/or Software.

Any future release, update or other addition to the Services shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by the Company pursuant to the Terms.

Term

This Agreement will remain in full force and effect while you use the Services. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

Disclaimer of Warranty

Actual service coverage, speeds, locations and quality may vary. We will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services and the Website may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Website and/or Services. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, the Services or the Website.

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, ALL WEBSITE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. COMPANY DOES NOT WARRANT THAT THE WEBSITE AND/OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, COMPANY’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“COMPANY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES.

COMPANY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from any claim or demand, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; or (iii) your use of the Website and/or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Governing Law. Jurisdiction

These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. Notwithstanding the foregoing, you agree that Company shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

Arbitration

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to the MacFly Pro Software, Services or these Terms, shall be determined by binding arbitration, instead of in courts of general jurisdiction. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and/or the termination of licenses granted by the Company pursuant to the Terms.

If you elect to seek arbitration, you must first send to Company, by email, a written Notice of your claim ("Notice of Claim"). The Notice of Claim to Company should be sent to legal@macflypro.com and should be prominently captioned "NOTICE OF CLAIM". The Notice of Claim should include both the mailing address and email address you would like Company to use to contact you. If Company elects to seek arbitration, it will send a written Notice of Claim to your email on file. A Notice of Claim, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific amount of damages or other relief sought ("Demand"). 

If you and Company do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Company may commence an arbitration proceeding. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

Severability and Waiver

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.

Force Majeure

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.

Communications

When you use/access the Website and/or our Services or send emails or other data, information or communication to BGtech Ltd, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, as and when required. We may communicate with you by email, SMS, push notifications, telephone or by such other mode of communication, electronic or otherwise. Your use of the Website and/or Services entitles you to receive periodic communication regarding our Services through email, SMS, push notifications, telephone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from us you should contact Company’s customer support team at support@macflypro.com.

Contact Us

If you have any questions about these Terms, you can contact our support team at:
legal@macflypro.com.

Trademark Information

Apple®, Mac®, Mac OS®, Macbook®, Macbook Pro®, iTunes®, App Store®, and their logos are trademarks of their respective owners, all rights reserved.

The product and brand names above and any other product or brand names referenced on this Website are trademarks of their respective owners and do not imply affiliation with, sponsorship, or endorsement by owners.