InstallHyper Terms of Service
Last updated on May 2, 2019
You may not use the installhyper Platform if you are under 13 years of age or if you are not the owner or approved administrator of the computer on which you activated the installhyper Platform.
INSTALLHYPER PLATFORM. The installhyper Platform is a delivery and installation platform which performs and optimizes the installation of software applications developed or published by us or by independent software vendors (“Vendors” and “Vendor Software” respectively). During your installation of software provided by us or a Vendor, we may offer you to install additional software products and/or mobile applications, developed or published by other Vendors. In addition, we may offer you to change your home page or your default search provider. You may decline any of our offers or decide to cancel the installation.
Please note that after initiating the installation process, you may not stop Installhyper Platform’s operation, except with the designated ‘cancel’ button. Please note that some software may have already been installed or be in the process of being installed when you stop the installation process at certain stages of the installation. Installation processes already started or completed cannot be reversed by the Installhyper Platform and you will need to reverse the installation process through your operating system.
RESTRICTIONS ON USE. You may not: (i) copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Installhyper Platform; (ii) except as permitted herein, share or permit other individuals or entities to use the Installhyper Platform, rent, lease or transfer the Installhyper Platform or rights to use it; (iii) delete or modify any attributions, legal notices or other proprietary designations or labels on the Installhyper Platform, or on any third-party software/material contained therein; (iv) use the Installhyper Platform by itself or in conjunction with any other products to infringe upon any third party’s rights, including without limitation third party’s intellectual property rights, to invade users’ privacy in any way, or to track, store, transmit or record personal information about any other user of the Installhyper Platform; (v) use the Installhyper Platform to install the Vendor Software or the Approved Offers in the background or remotely; or (vi) damage, interfere, disrupt or harm the Company, the Installhyper Platform, or any of the Vendors in any way. Any such forbidden uses shall immediately and automatically terminate your right to use the Installhyper Platform, without derogating from any other remedies available to the Company at law or in equity.
The Installhyper Platform logo and trademarks are trademarks of the Company and no right, license, or interest in any such trademarks is granted hereunder.
Please note that we do not grant you any rights in the Vendor Software or the Approved Offers and to the extent any rights are granted to you, they will be set out in the applicable terms of service or license agreements governing such Vendor Software or Approved Offers.
CHANGES TO YOUR COMPUTER. You hereby grant us permission to install the Vendor Software and the Approved Offers, including collateral software required to execute such software, as determined by the relevant Vendor. You acknowledge that software installation processes often require registry changes, as determined by the relevant software developer as well as access to the Internet, which shall be made at your sole expense. If you cancel the installation process, a shortcut will be added to your computer’s desktop (unless you choose otherwise) to enable you to restart the install process should you wish to do so. This shortcut, and its associated file, can be safely deleted from your temp directory. The installer for the Vendor Software will be saved to your “downloads” folder or any other designated folder to allow you to install the Vendor Software immediately, or at a later time. Any Approved Offers will be installed immediately with no further interaction required.
Upon completion of the installation process an online landing page (such as a “Thank You Page”) may be displayed via your default web browser.
ADVERTISEMENTS. You understand and agree that your use of the Installhyper Platform is supported by advertising. Therefore, during your use of the Installhyper Platform you will be presented with third party advertisements. The Company has no control and takes no responsibility for the content of these advertisements and the sites or applications to which they may direct. Because we have no control over such sites and applications, you acknowledge and agree that the Company is not responsible for the availability of such external sites or applications, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or applications. The products and services available through the third party advertisements are each subject to their respective terms and conditions or agreements and you are cautioned and you are cautioned to carefully read the terms and conditions of any external sites or applications offered by such third parties.
WARRANTY DISCLAIMER. THE INSTALLHYPER PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE INSTALLHYPER PLATFORM REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE INSTALLHYPER PLATFORM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMAPNY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE INSTALLHYPER PLATFORM. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SUCH INSTALLHYPER PLATFORM IS TO IMMEDIATELY DEINSTALL OR CEASE USE OF THE INSTALLHYPER PLATFORM.
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.