Terms of Use

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Welcome to https://macpaw.tech (‘Website’) – a place where the insights live!

The Website constitutes a special corner to share the knowledge obtained by macpawians during the creation of world-beloved products like CleanMyMac, Setapp or The Unarchiver. We know for sure that this knowledge can be of use to you. So, make yourself comfortable and enjoy the articles prepared by our specialists for you!

OWNER

The Website is owned and operated by MacPaw Way Ltd, a company incorporated in Cyprus under company registration number 428214 (‘MacPaw’).

AGREEMENT

These Terms of Use (‘Terms’) constitute a legally binding agreement between you as a user and MacPaw or our affiliates regarding your use of the Website.

Please read these Terms carefully! By accessing, using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must stop using the Website immediately.

CHANGES

MacPaw reserves the right to review, change, modify, add, or remove all or portions of these Terms by updating this page at its sole discretion and at any time. It is your responsibility to check these Terms periodically for changes. When MacPaw updates the Terms, it will use reasonable endeavors to provide you with the notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of the Website following the updating of the Terms will mean that you accept and agree to the changes. As long as you comply with these Terms, MacPaw grants you a personal, non-exclusive, non-transferable, limited rights to enter and use the Website.

Before you continue, we recommend you keep a copy of the Terms for your records.

ACCEPTANCE OF THE TERMS

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MacPaw in the user interface.

BY USING THE SITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

HOW TO USE OUR WEBSITE?

The Website is as easy as it can be – just choose the section you are interested in (‘Research’, ‘Engineering’, ‘Design’, ‘Product Management’) and read the articles which are saved in the section chosen! That’s all! However, not exactly…

You can subscribe to our newsletter! Just enter your email in a special field located in the main page of the blog at the bottom of it, and then receive updates each time a new article appears on the Website.

PRIVACY AND CONTACT INFO

Your use of the Website is also subject to our Privacy Policy, available on the Website, and incorporated into these Terms by reference. If you have questions regarding these Terms, please contact us:

MacPaw Way Ltd. 6 Maximou Michailidi Str, Maximos Plaza Tower 3, 4th floor, Flat/Office 401, 3106, Limassol, Cyprus

[email protected]

YOUR OBLIGATIONS AS A USERS

By using our Website, you agree to comply with the following obligations:

  • Any access to the Website is conducted by a human and not by bots, scripts, or other automated manners;
  • You, as a user, are of legal age to visit the Website;
  • You have the legal capacity to understand the depth of these Terms; and
  • You will use the information mentioned on the Website in a legal manner under local laws and for the benefit of public policy.

Any user who has access to and uses the information on the Website agrees to do so in a manner that is not harmful or causes damage to the Website, MacPaw, or any third party.

ADVERTISEMENT & AFFILIATE NETWORKS

In the event the Website displays ad networks, affiliate links, or recommends products or services for monetary reasons (‘advertisements’), it is understood that any relationship made is between you and such advertiser. For ad networks, generally, we are unaware of the offerings made and are solely participating based on the good-faith intention of the ad network displaying products and services based on the user’s history and intent. Any advertisements shown are in accordance with the Digital Millennium Copyright Act (‘DMCA’) policies. There shall be no refund or compensation made for any DMCA takedown requests or compensation related to the takedown of such advertisements.

Our Website’s relationship with advertisements starts and ends with links or the space offered.

INTELLECTUAL PROPERTY

You acknowledge that the Website and all text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without MacPaw’s express prior written consent. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.

COPYRIGHT POLICY

It is in the best interest of our Website and public policy to protect the intellectual property of other parties. If any content mentioned on our Website infringes on any protected trademark, copyright, or other protected works, we intend to provide takedown requests by using the contact details below:

Such takedown requests are pursuant to the Digital Millennium Copyright Act (“DMCA”).

LINKS TO OTHER SITES

This Website may contain links to other independent third-party websites (‘Linked Sites’). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under MacPaw’s control, and MacPaw is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Such Linked Sites do not necessarily follow our policies, thus You will need to make your own independent decision regarding your interaction with these Linked Sites.

WARRANTY DISCLAIMER

MACPAW DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, (IV) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY THIRD-PARTY WEBSITE, SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE WEBSITE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.

ARBITRATION

All disputes, controversies, or claims arising out of or relating to these Terms or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in the State of California, USA, or such other location in the USA determined by MacPaw in its sole discretion. The arbitrator shall apply the laws of the State of California to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the laws of the State of California legal fees shall be awarded to the prevailing party in the arbitration.

COMPLETE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement between You and MacPaw relating to the use of the Website and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by MacPaw. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.

If any term or provision of these Terms is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, it shall be deemed severed from the Terms.

TERMINATION

These Terms are effective until terminated by you or by us. Your rights under these Terms will be terminated by us automatically without notice if you fail to comply with any provisions of these Terms. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination shall survive termination.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third-party service providers (collectively, the ‘Indemnitees’) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees (collectively, ‘Claim(s)’), that actually or allegedly resulting from your use of the Website. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.

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