Remote computer repair services (“Services”) provided by iTune
iTune will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.
iTune's Services does not support the following:
- Standalone devices such as console gaming systems and audio/visual equipment;
- Mobile devices such as telephones and music players, except that iTune can assist with connectivity of those devices to your computer;
- Software that contains proprietary or confidential information, or information as to which access is regulated by law; and
- Hardware; except that iTune can diagnose possible hardware failure.
In order to diagnose and resolve technology problems with your computer, iTune technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:
- Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and repair if required;
- Download certain diagnostic and repair software to your computer and use the software;
- Gather, transfer to servers, examine and analyze information on your computer
- Repair your computer problems if required; and
- Provide advice on the use of your computer.
We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance.
We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software's access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that iTune has no liability for doing so.
Requesting Services also constitutes your agreement that:
- You are imposing no limitations upon iTune's ability to gather, examine and analyze the information on your computer;
- iTune Services agents do not back up or restore data during the Services diagnosis or remediation process, and that, iTune has no liability for any loss of or damage to information on your computer in connection with providing Services;
- iTune reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that iTune deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to any property.
- You understand and agree that iTune's Services may not be successful because the problems you are experiencing may be beyond iTune's ability to address remotely.
With respect to the Services, you also acknowledge and agree to the following. In order to use the Services, you must have up-to-date and operational antivirus software installed on your device, and iTune, in its sole and absolute discretion, must determine that your device is virus-free.
We make reasonable efforts to address your computer problems in a timely manner, but there may be delays. You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians' abilities to make return calls to you; (2) the need to "escalate" your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.
You acknowledge and agree that, because of circumstances that are not within iTune's control, there may be lengthy delays in iTune's ability to provide its Services or its Services may not be available to you at all. The circumstances include, but are not limited to, the following: the performance of maintenance on iTune's systems; Internet service disruptions; vandalism; sabotage; the outbreak of a new computer virus; strikes; riots; wars; other military actions; civil disorders or unrest; acts of terrorism; fires; floods, earthquakes; acts of third parties; and acts of God. You acknowledge and agree that iTune has no liability to you or to any third party for any direct or indirect, special or consequential damages resulting from such delays or the unavailability of the Services.
You also acknowledge and agree that iTune has no obligation to provide its Services in connection with any of the following: devices that have been altered, damaged or modified; devices with configurations that are beyond our control; software that is incompatible with your computer; problems resulting from external causes including accidents, abuse, misuse or problems with electrical power; problems resulting from usage that is not in accordance with the manufacturer's instructions; problems resulting from failure to perform maintenance suggested by the manufacturer; problems resulting from the use of accessories, parts or components that are not compatible with the device; and problems resulting from negligence or malfunction beyond the reasonable control of iTune.
Finally, you acknowledge and agree that iTune, in its sole and absolute discretion, may suspend for a reasonable time your rights under your Services subscription or terminate your Services subscription. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price.
iTune reserves the right to "bundle" or sell Services with other products and services. The additional products and services may be available for purchase only with Services and only for a limited time. Free Online Backup subscriptions (described below) and free Software licenses are valid only for the duration of the Services subscription with which they were bundled and will terminate upon the termination of the Services subscription. Free EDC subscriptions that are bundled with Services monthly subscriptions will expire in exactly one year as long as the Services monthly subscriptions payments are made for that entire year.