Terms of Service

For the purposes of these Terms of Service (sometimes referred to herein as the “Terms”), “we”, “our”, “us”, or “Midy” means NortonLifeLock Foreign Holding II Inc., and its affiliates, with offices at 60 E. Rio Salado Pkwy, Ste 1000, Tempe AZ 85281.

You agree to be bound by the terms of our Terms of Service by: (1) creating an account with us; (2) accessing, downloading, or using our Software, services, or website (the “Services”) on a computer, laptop, smartphone, tablet, or other electronic device (“Device”); or (3) by clicking “I Agree” or otherwise electronically agreeing to be bound to the Terms.

PLEASE READ ALL OF THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.

IMPORTANT NOTICE REGARDING ARBITRATION. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH US THROUGH SMALL CLAIMS COURTS OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 8 “DISPUTES; MANDATORY ARBITRATION” OF THESE TERMS, FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. Your Privacy. Your privacy is very important to us. Please see the Midy Privacy Policy at https://midy.com/privacy-policy and the Midy Biometrics Notice at https://midy.com/biometrics-notice which describes how we collect, use, process, and protect data from you and your Devices when you are using and accessing our Services.
2. Using the Services
   1. Creating and Maintaining an Account. You must be 18 or older to create an account and to access or use our Services. You may need to create or login to an account to access and use the Services. Your account is exclusively for you to manage your (or, if permitted by the specific Service, your household’s) subscription to the Services and it is not for use by other third parties for any purpose. You are prohibited from selling, transferring, or allowing others to use your account or your account credentials.
   2. Accuracy of Your Information. You agree to provide us with accurate, complete, and current account information and to keep this information accurate and up to date.
   3. Unauthorized Access to Your Account or Your Device. You are solely responsible for ensuring that you keep your account and device access credentials safe. Do not share this information with others and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
   4. Software. The software that we make available to you (including any release, revisions, updates, or enhancements, to the software) (the “Software”) and any documentation that accompanies or is made available in connection with the Software (the “Documentation”) may be needed to access and use certain Services, you may be required to download and install certain Software on a Device.
   5. Restrictions. The following are examples of what you are prohibited from doing with our Software or Services:
      1. use the Services for any illegal, fraudulent, or harmful purpose;
      2. use the Services for a commercial purpose;
      3. reverse engineer, decompile, disassemble, modify, or create derivative works from the Software or Services;
      4. make more copies of the Software than specified herein or allowed under applicable law;
      5. transfer, sublicense, seat split, rent, lease and/or lend your right to the Software or Services;
      6. transmit or store any information or material that may infringe the intellectual property rights of others;
      7. transmit any information or material that contains software viruses or other harmful computer code, files, or programs such as trojan horses, worms, or time bombs;
      8. assault, interfere, deny service in any way or form to any other network, computer, or node through the Services;
      9. attempt to gain unauthorized access to any Services, accounts of other users, computer systems or networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
      10. interfere with or disrupt servers or networks connected to any Services;
      11. use the Services for any military purpose, including cyberwarfare, weapons development, design, or manufacture;
      12. use the Software or Services in any manner that is not permitted by these Terms.
   6. Beta Features. We may include new and or updated beta features (“Beta Features”) in the Services for your use and or feedback at our sole discretion. You understand and agree that your use of the Beta Features is voluntary and that all use of the Beta Features is at your sole risk. Additional terms may be contained within the Beta Feature itself.
3. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND (2) MIDY FOR ITSELF AND OUR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDY MAKES NO WARRANTIES THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. IN ADDITION, MIDY MAKES NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS.
4. LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MIDY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY DAMAGES CHARACTERIZED AS OR BASED ON LOST PROFITS, LOST DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL MIDY OR ITS LICENSORS’ TOTAL LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS THAT YOU PAID OR ARE PAYABLE BY YOU TO US FOR THE APPLICABLE SERVICES FOR THE APPLICABLE SUBSCRIPTION PERIOD, AND (II) ONE HUNDRED DOLLARS (U.S. $100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAWS IN YOUR JURISDICTION. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
5. INDEMNIFICATION. SUBJECT TO APPLICABLE LAWS IN YOUR JURISDICTION, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS MIDY AND ITS AFFILIATES (AND THEIR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM ANY CLAIM, DEMAND, LIABILITY, DAMAGE, LOSS, COST AND EXPENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF ANY LAW OR REGULATION, OR OF THE RIGHTS OF ANY THIRD PARTY, OR OTHERWISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES.
6. Intellectual Property Rights.
   1. Ownership. We own and retain all right, title, and interest including all Intellectual Property Rights in the Services, Software, and Documentation. For purposes of these Terms, “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), inventions, trademarks, copyrights, trade secrets, moral rights, know-how, designs, domain names, trade names, data and database rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
   2. Infringement claims. If your use of the Services involves infringement of any Intellectual Property Right, we may disable your ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating your ability to use the Services. Please see our Digital Millennium Copyright Act of 1998 (“DMCA”) policy available at https://midy.com/dmca.
   3. License Grant. Any Software that we provide to you as part of the Services is licensed, not sold, to you, and we reserve all rights to the Software not expressly granted in these Terms. As long as you comply with the Terms, we grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access our Services in accordance with these Terms, any Documentation and any other instructions provided to you by us relating to the Services. Depending on the number of devices in your subscription, you are permitted to download and install a copy of the Software on a Device that you own or control, and to run that copy of the Software solely for purposes of accessing and using the Services during the applicable subscription period.
   4. License Termination. We may deactivate or otherwise make our Software non-operational in our sole discretion, with or without notice to you, and you will not be entitled to receive any feature or content updates. Upon suspension, deactivation, expiration or termination of the Services, you must uninstall the Software and destroy all copies of the Software and the Documentation in your possession or control.
   5. Preventing Software Piracy. There may be technological measures in our Software designed to prevent unlicensed, unauthorized, or illegal use of the Software. This includes by way of example, technology that limits the number of times you can install or uninstall the Software or from where you are able to use or access the Services.
   6. Apple App Store Requirements. This Section applies to any Software that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Apple is not responsible for addressing any claims by you or any third party relating to the Software or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the Software infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Software.
   7. Google App Store Requirements. For any app downloaded from Google Play at http://play.google.com, the license granted by this Agreement is in lieu of any rights to use a solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store.
7. Third Party Features or Content. The Services may include third-party features and functions including access through a third-party’s API or may allow you to access content on a third-party website. Such features, functions or content may be subject to third-party terms of service and privacy policies. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources, including:
   1. Digital Identity Services. Our Services provide a platform that facilitates digital identity verification, which may include document verification and facial recognition technologies, including technologies and services from our vendor Onfido, Inc. Please see the Onfido Facial Scan Policy and Release, Privacy Policy, and Terms of Service, which you will be subject separate from our Terms.
8. Disputes; Mandatory Arbitration.
   1. You and Midy agree that any dispute arising out of or relating to the Services (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
   2. Small Claims Court. Either you or Midy can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. Either you or Midy may seek to have a Claim resolved in small claims court in your county of residence or in the Superior Court of California, County of Santa Clara.
   3. Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Midy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms and/or the termination of your Services.
   4. Notice of Claim. If you elect to seek arbitration, you must first send to us, by certified mail, a written Notice of Your Claim (“Notice of Claim”). The Notice of Claim to us should be addressed to: Midy General Counsel, NortonLifeLock Foreign Holding II Inc., 60 Rio Salado Pkwy #1000, Tempe AZ 85281, and should be prominently captioned “NOTICE OF CLAIM.” The Notice of Claim should include both the mailing address and email address you would like us to use to contact you. If Midy elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your billing address on file. A Notice of Claim, whether sent by you or by Midy, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought (“Demand”); and (c) whether you reject any subsequent modification of this Section by Midy.
   5. Arbitration Proceedings. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Midy may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association (“AAA”) (collectively, the “AAA Rules”), as modified by the Terms, and will be administered by the AAA. You may download or copy a form of notice, a form to initiate arbitration, and a copy of the Rules at www.adr.org. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Midy and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim. If your claim is for U.S. $10,000 or less, Midy agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater.
   6. Injunctive and Declaratory Relief. Except as provided in Section 8(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or Midy prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
   7. Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but Midy will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeded the fee for filing a complaint in a federal or state court in your county of residence or in Santa Clara County, California. Midy will not seek to recover the administration and arbitrator fees we are responsible for paying under the AAA Rules or these Terms, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
   8. Class Action Waiver. YOU AND WE AGREE THAT WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If you have elected arbitration, unless Midy determines otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 8 (Disputes; Mandatory Arbitration) is null and void.
   9. Changes. If we change this Section 8 after the date you first accepted these Terms, and you have not otherwise affirmatively agreed to such changes, you may reject any such change by so stating within your Notice of Claim. By failing to reject any changes to this Section 8 in your Notice of Claim, you agree to resolve any Claim between you and us in accordance with the terms of the dispute resolution section in effect as of the date of your Notice of Claim.
9. Content Updates. We may update certain Services from time to time, such as virus definitions, spyware definitions, antispam rules, URL lists, firewall rules, vulnerability data, and updated lists of authenticated web pages. These updates are collectively referred to as “Content Updates.” You will have access to applicable Content Updates for the Services unless the Terms is terminated or the Services are otherwise suspended, deactivated, or made to be non-operational by us.
10. Feedback and Reviews. When you give us any feedback, reviews, suggestions, comments, or ideas (“Feedback”) that relate to the Services, you are granting us the free, irrevocable, worldwide right and license to use such Feedback it for any purpose whatsoever to the maximum extent permitted by applicable law, including the creation of derivative works from such Feedback, which shall be owned by Midy. No compensation will be paid with respect to the use of your submission. Midy is under no obligation to post, use, or keep any submission you may provide and we may remove any submission at any time in our sole discretion.
11. Changes to the Services. We may change or discontinue the Services, in whole or in part, at any time, with or without notice to you. We also reserve the right to define eligibility criteria for the Services and make changes to those criteria at any time.
12. Export Restrictions. You acknowledge the Services and related technical data (collectively “Controlled Technology”) may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant export control laws, including U.S. trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with U.S. laws and will not export, re-export, import or otherwise make available any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required, directly or indirectly.
13. Suspension or Termination of Your Account. We may discontinue, suspend, or terminate any Services or your access to or use of the Services at any time for any or no reason, including if you breach any material terms of these Terms.
14. Governing Law. Except as otherwise required herein or by law, the Terms of Service is governed by the laws of the State of California, United States of America. You agree that the United Nations Conventions on Contracts for the International Sale of Goods (1980) is specifically excluded from and does not apply to the Terms
15. Notice of Changes to the Terms of Service. We may update or modify the Terms of Service from time to time, including any referenced policies and other documents, at our sole discretion. It’s important that you review the Terms whenever we update it, or you use the Services. If you continue to use the Services after we have posted an updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to Section 8 “Disputes; Mandatory Arbitration” section, for which Section 8(i) applies.
16. Survival of Terms. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: Sections 3 (Disclaimer of Warranty), 4 (Limitation of Liability), 5 (Indemnification), 6 (Intellectual Property Rights), 8 (Disputes; Mandatory Arbitration), 10 (Feedback and Reviews), 12 (Export Restrictions), 14 (Governing Law), 16 (Survival of Terms), 17 (Language), 18 (No Assignment), 19 (No Waiver), 20 (Enforceability of Terms).
17. Language. The official language of these Terms is English. Any translation of the Terms is done for local requirements and in the event of a conflict between the English and any non-English version, the English version of these Terms shall govern. To the extent permitted by applicable law, in the event of a dispute the parties confirm that they have requested that the Terms and all related documents be drafted in English.
18. No Assignment. You may not assign any of your rights under the Terms, nor may any such rights be assigned by you by operation of law or otherwise, in whole or in part, without our prior written permission. Any assignment without our permission shall be void. We may assign or transfer the Terms of Service without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assignees.
19. No Waiver. Any failure by us to enforce any of these Terms is not a waiver of such term or right. Any waiver of our rights must be in writing, signed by us, and any such waiver shall not operate as a waiver of any future breach.
20. Enforceability of Terms. The Terms documents the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Except for any of the provisions of Section 8(d) (“Class Action Waiver”) of these Terms, if an arbitrator or court of competent jurisdiction decides that any provision of these Terms is invalid or unenforceable, the other provisions of these Terms shall still apply. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
21. Notice. Except for notice of a Claim in accordance with Section 8(d), any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the Services. Any such notice is received by you on the date the notice was either transmitted or posted.