Terms and Conditions

Last Updated: August 12, 2026

These Terms and Conditions (“Terms”) state important requirements regarding your use of MCHELPER’s services, software, website, communications, technical support services, and related offerings, as well as your relationship with MCHELPER.

Please read these Terms carefully before purchasing, accessing, or using any MCHELPER service.

By accessing www.mchelper.com (the “Website”), purchasing or using a Service, submitting a Plan Order, registering for an account, using the MCHELPER Support, or otherwise using MCHELPER’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you purchase or use a Service through www.mchelper.com, MCHELPER’s Privacy Policy, Refund Policy, applicable Service Descriptions, Plan Orders, and any other applicable policies or terms also apply.

Descriptions of Services and applicable fees may be made available on the Website and are incorporated into these Terms by reference.

All brand names, company names, product names, logos, and trademarks referenced on the Website are used solely for identification and informational purposes and remain the property of their respective owners.

MCHELPER is an independent service provider and is not affiliated with, endorsed by, sponsored by, or associated with any third-party brand or trademark unless expressly stated otherwise.


1. AGREEMENT

These Terms and Conditions, together with:

  • any Plan Order accepted by MCHELPER;
  • any additional terms applicable to your Plan Order;
  • applicable Service Descriptions;
  • the MCHELPER Privacy Policy;
  • the MCHELPER Refund Policy; and
  • any other policies expressly incorporated by reference,

collectively constitute the agreement between you and MCHELPER (the “Agreement”).

A Plan Order becomes part of the Agreement only after it has been accepted or acknowledged by MCHELPER, including through written or electronic confirmation.

You must agree to these Terms to be eligible to access the MCHELPER Support or obtain Services from MCHELPER.


2. DEFINITIONS

Certain terms used throughout these Terms may also be defined in MCHELPER’s Privacy Policy or other applicable policies.

2.1 “You” or “User”

“You,” “your,” or “User” means you individually and, when applicable, any person, organization, or employer on whose behalf you are acting.

2.2 “MCHELPER”

“MCHELPER” refers to the provider of the services described in these Terms.

MCHELPER’s office is located at:

2233 NW 41 St #700C
Gainesville, FL 32606
United States

Phone: +1 (888) 995-5185

Website: www.mchelper.com

References in these Terms to “MCHELPER,” “we,” “us,” or “our” refer to MCHELPER.

2.3 “Subscription-Based Plans”

“Subscription-Based Plans” are subscription service plans offered by MCHELPER that remain active for a specified term or subscription period.

Subscription-Based Plans do not include incident-based plans, including “Per Incident” plans, unless expressly stated otherwise.

2.4 “Services”

“Services” means any service, support plan, subscription, product, technical assistance, remote support, or other offering provided by MCHELPER through the MCHELPER Support, Website, telephone, email, chat, messaging, or another approved method.

2.5 “MCHELPER Support”

The “MCHELPER Support” means the MCHELPER website and related online services available through:

www.mchelper.com

These Terms govern your use of the MCHELPER Support and Services made available through it.

If there is a conflict between these Terms and a Plan Order, these Terms will control unless the Plan Order expressly states otherwise.

2.6 “Plan Order”

A “Plan Order” means an order, request, enrollment, subscription, or other transaction submitted by you requesting Services from MCHELPER and accepted by MCHELPER.

2.7 “Materials”

“Materials” means webinars, webcasts, downloads, white papers, press releases, data sheets, FAQs, product information, guides, documentation, tutorials, quick-reference materials, and other content made available through the MCHELPER Support.

Materials may be proprietary or copyrighted works belonging to MCHELPER, its licensors, suppliers, or other authorized parties.

“Materials” does not include the underlying design or layout of the Website or any other website owned, operated, licensed, or controlled by MCHELPER.

2.8 “Software”

“Software” means any computer program, application, code, utility, downloadable software, security software, client software, network software, or other software provided, recommended, installed, accessed, or used in connection with MCHELPER Services.

Software may be owned by MCHELPER or by third parties.

Software may be protected by copyright, patent, trademark, trade secret, unfair competition, and other applicable intellectual property laws.


3. SUBMISSION AND ACCEPTANCE OF PLAN ORDERS

You may request Services by submitting a Plan Order through the MCHELPER Support, through the Website, by telephone, or through another method authorized by MCHELPER.

After MCHELPER accepts your Plan Order, MCHELPER may send confirmation to the email address or other contact information you provided during registration or purchase.

MCHELPER is not responsible for providing Services associated with a Plan Order that MCHELPER has not accepted.

Once a Plan Order has been accepted, you will have a Service Plan subject to these Terms and any terms applicable to that particular Service Plan.


4. MCHELPER’S SERVICE UNDERTAKING

Subject to these Terms and any terms specific to your Service Plan, MCHELPER will use commercially reasonable efforts to address your support request and provide appropriate assistance.

Depending on the circumstances, MCHELPER may attempt to diagnose or resolve an issue through:

  • telephone support;
  • chat;
  • email;
  • text messaging;
  • remote access;
  • online support tools;
  • software;
  • documentation; or
  • another method MCHELPER considers appropriate.

You should review the applicable Service Description for information regarding Service availability, limitations, and access requirements.

If internet access is necessary to provide a Service, you are responsible for maintaining an adequate internet connection and an appropriate computer or device environment.

MCHELPER may evaluate your internet connection or device to determine whether it meets minimum requirements for a particular Service.

Some computers, devices, networks, operating systems, configurations, or environments may be unable to receive certain Services even if preliminary testing indicates sufficient connectivity.

If a Service cannot reasonably be provided because of a technical limitation outside MCHELPER’s control, MCHELPER will not be liable for its inability to perform that Service except as otherwise expressly provided by applicable law or the applicable Service Plan.


5. REMOTE ACCESS SERVICES

Certain Services may require or benefit from remote access to your computer, device, or system.

By authorizing a remote support session, you authorize MCHELPER personnel or authorized service providers to remotely access your device for the purpose of providing the requested Service.

MCHELPER may use commercially reasonable remote support software or technologies to perform Services.

After completion of a remote support session, remote session software may terminate or be removed depending on the technology used.

In certain circumstances, a text file, report, log, record, or other documentation describing the work performed may remain on your device.

You may retain or delete such documentation at your discretion unless otherwise required for the operation of the Service.

You are responsible for backing up your important files and information before receiving remote support.


6. PAYMENT

Services associated with a Plan Order may become available only after required payment has been successfully completed.

MCHELPER has no obligation to provide Services under a Service Plan when required payments have not been made.

Certain Service Plans may include one-time charges, including but not limited to:

  • service fees;
  • setup fees;
  • activation fees;
  • installation fees;
  • onboarding fees; or
  • similar charges.

Unless otherwise stated in the applicable Plan Order or Refund Policy, such fees may be non-refundable.

When purchasing a Service, you agree to the pricing, billing terms, subscription term, and other conditions applicable at the time of purchase.

Certain Services may be offered for a specific term, including one-year, two-year, three-year, monthly, annual, or other subscription periods (“Term Plans”).

MCHELPER may also offer discounted pricing when multiple MCHELPER Services are purchased together (“Bundle Discount”).

If your pricing is conditioned upon maintaining a Term Plan or bundled Services, the discounted pricing may cease when:

  1. the applicable term expires;
  2. you discontinue a Service required to qualify for the discounted rate;
  3. you terminate the applicable Service before expiration of the agreed term; or
  4. another condition stated in your Plan Order occurs.

7. CREDIT CARD, DEBIT CARD, AND ELECTRONIC BILLING

You may be required to provide a valid credit card, debit card, bank account, electronic payment method, or another payment method accepted by MCHELPER.

By providing a payment method, you authorize MCHELPER and its authorized payment processors or billing providers to charge that payment method for amounts due in connection with your Services.

You authorize MCHELPER to charge or attempt to charge your payment method for unpaid amounts associated with your account or Service Plan.

Where permitted, MCHELPER may continue attempting to process payment until the applicable balance has been paid.

You agree to provide accurate and current billing information and to update your payment information when previously supplied information expires, becomes invalid, or otherwise changes.

MCHELPER is not responsible for overdraft fees, insufficient-funds fees, bank fees, credit card charges, or similar amounts assessed by your financial institution resulting from attempted or completed transactions authorized under these Terms.

If you provide a debit card, you authorize applicable charges to be processed against that debit card.

If you enroll in automatic payments, recurring billing, or electronic funds transfer, you authorize amounts due under your Service Plan to be charged to the payment method associated with your account.

Payments made by credit card, debit card, bank transfer, or another third-party payment method may also be subject to the terms imposed by the applicable financial institution or payment provider.

If a payment is returned or rejected for insufficient funds, MCHELPER may charge an additional $15.00 fee where permitted by law.


8. REFUND POLICY

Refund eligibility is governed by MCHELPER’s Refund Policy and any refund terms specifically stated in your Plan Order.

For complete information regarding refunds, please review the MCHELPER Refund Policy:

https://www.mchelper.com/refund-policy/


9. PRIVACY POLICY

MCHELPER’s collection, use, processing, protection, and disclosure of personal information are governed by the MCHELPER Privacy Policy.

Please review the MCHELPER Privacy Policy at:

https://www.mchelper.com/privacy-policy/


10. PERSONAL AND NON-COMMERCIAL USE

Unless otherwise stated in your applicable Service Plan, Services, Materials, and Software are provided for your personal or authorized use in connection with matters covered by your Service Plan.

Except where expressly authorized by MCHELPER or applicable law, you may not:

  • modify;
  • copy;
  • reproduce;
  • distribute;
  • transmit;
  • publicly display;
  • publicly perform;
  • publish;
  • license;
  • create derivative works from;
  • transfer;
  • resell; or
  • commercially exploit

any Materials, Software, Services, or other proprietary information obtained from MCHELPER.

Materials and Software made available as part of a Service may be used only in accordance with your applicable Service Plan and these Terms.


11. NO UNLAWFUL OR PROHIBITED USE

As a condition of using the MCHELPER Support, Materials, Software, or Services, you agree not to use them for any unlawful or prohibited purpose.

You may not use the MCHELPER Support, Materials, Software, or Services in a manner that could:

  • damage or disable MCHELPER systems;
  • overburden or impair MCHELPER servers;
  • disrupt MCHELPER networks;
  • interfere with another user’s access to or enjoyment of MCHELPER Services;
  • introduce malware or malicious code;
  • circumvent security measures; or
  • otherwise negatively affect the operation of MCHELPER’s systems.

You may not attempt to gain unauthorized access to:

  • the MCHELPER Support;
  • MCHELPER systems or servers;
  • Materials;
  • Software;
  • Services;
  • user accounts;
  • computer systems; or
  • networks connected to MCHELPER.

Prohibited methods include hacking, credential theft, password mining, exploitation, circumvention of security controls, or any other unauthorized method.

You may not obtain or attempt to obtain information, Materials, Software, or Services through any means not intentionally made available or authorized by MCHELPER.


12. FAIR USAGE POLICY

MCHELPER may not impose a specific numerical limit on support requests under certain Subscription-Based Plans.

However, use of such Services remains subject to MCHELPER’s fair usage requirements.

If MCHELPER reasonably determines that a Subscription-Based Plan is being abused or used substantially beyond the level reasonably expected for the applicable Service Plan, MCHELPER reserves the right, where permitted by law, to restrict, suspend, or terminate the Service.

MCHELPER may also restrict, suspend, or terminate Services when MCHELPER reasonably determines that Services are being used:

  1. fraudulently;
  2. unlawfully;
  3. by an unauthorized individual;
  4. for systems or devices not covered by the applicable Service Plan;
  5. in violation of these Terms; or
  6. in a manner that threatens MCHELPER systems, personnel, customers, or third parties.

You may terminate a Service in accordance with the applicable Plan Order.

Except where otherwise stated in the Plan Order, Refund Policy, or required by law, termination does not automatically entitle you to a refund of prepaid fees.


13. USE OF COMMUNICATION SERVICES

MCHELPER may provide communication features or services, including:

  • email;
  • text messaging;
  • instant messaging;
  • chat;
  • forums;
  • bulletin boards;
  • online communities;
  • calendars;
  • file-sharing features; and
  • other communication tools.

Collectively, these are referred to as “Communication Services.”

You agree to use Communication Services only for lawful and appropriate purposes.

When using Communication Services, you agree that you will not:

  1. use Communication Services for unauthorized surveys, contests, pyramid schemes, chain letters, junk messages, spam, or unsolicited communications;
  2. defame, abuse, harass, stalk, threaten, intimidate, or otherwise violate another person’s legal rights, including privacy or publicity rights;
  3. publish, post, upload, distribute, or disseminate content that is unlawful, obscene, defamatory, threatening, abusive, fraudulent, or otherwise inappropriate;
  4. upload or distribute files, photographs, software, documents, or materials protected by intellectual property or privacy laws unless you have the legal right or necessary authorization to do so;
  5. use Materials, images, photographs, software, or information in a manner that infringes copyright, trademark, patent, trade secret, privacy, publicity, or another proprietary right;
  6. upload or distribute viruses, Trojan horses, worms, time bombs, malware, corrupted files, malicious software, or any similar code or program that may damage another person’s computer, network, data, or property;
  7. advertise, solicit, sell, or purchase goods or services through a Communication Service unless that particular Communication Service specifically permits such activity;
  8. download, reproduce, display, perform, distribute, or otherwise use a file that you know or reasonably should know cannot legally be used in that manner;
  9. remove, falsify, or alter copyright notices, author information, proprietary notices, source designations, or other legal notices;
  10. interfere with or restrict another user’s lawful use of Communication Services;
  11. violate any code of conduct, policy, rule, or guideline applicable to a particular Communication Service;
  12. harvest, scrape, collect, or otherwise obtain information about other individuals, including email addresses or contact information, without authorization;
  13. violate applicable laws or regulations;
  14. impersonate another person or create a false identity intended to mislead MCHELPER or another individual; or
  15. copy, download, compile, distribute, sell, or otherwise provide a directory of MCHELPER users or user information except as expressly permitted.

MCHELPER is not obligated to monitor Communication Services.

However, where permitted by law, MCHELPER reserves the right to review, moderate, restrict, remove, or refuse content submitted through Communication Services.

MCHELPER may suspend or terminate access to Communication Services when necessary to enforce these Terms, protect users, comply with applicable law, or protect MCHELPER’s systems and operations.

MCHELPER reserves the right to disclose information when MCHELPER reasonably believes disclosure is necessary to comply with applicable law, legal process, regulation, governmental request, or valid legal obligation.

Materials uploaded to Communication Services may be subject to additional restrictions regarding use, reproduction, storage, or distribution.

You are responsible for complying with any applicable restrictions.


14. MOBILE MESSAGING / SMS TERMS AND CONDITIONS

This section governs text messages and other mobile communications sent by or on behalf of MCHELPER.

By participating in an MCHELPER mobile messaging program, you agree to these Mobile Messaging Terms in addition to the remainder of these Terms and Conditions.

14.1 Opt-In and Enrollment

When you opt in to MCHELPER’s messaging service, MCHELPER may send you a message confirming your enrollment.

By opting in, you agree to receive recurring automated marketing and informational text messages from MCHELPER at the mobile telephone number you provided when signing up or at another mobile number you subsequently designate.

Automated messages may be sent using an automatic telephone dialing system or other automated messaging technology.

Your consent to receive marketing text messages is not a condition of purchasing any goods or services from MCHELPER.

14.2 Message Frequency

Message frequency varies.

Additional mobile messages may be sent periodically depending on your interaction with MCHELPER, the Services you use, requests you make, or communications you have elected to receive.

MCHELPER reserves the right to increase or decrease the frequency of messages at any time.

MCHELPER also reserves the right to change the short code, telephone number, toll-free number, or alphanumeric sender used to deliver messages.

14.3 Message and Data Rates

Your wireless carrier’s standard message and data rates may apply.

Any charges imposed by your mobile provider are your responsibility.

If you have questions regarding your text messaging plan, data plan, or other mobile charges, please contact your wireless carrier directly.

14.4 Carriers

Wireless carriers are not liable for delayed or undelivered messages.

MCHELPER is also not responsible for delays or failures resulting from circumstances outside MCHELPER’s reasonable control, including wireless network availability, carrier limitations, equipment failures, or incorrect contact information.

14.5 Cancellation and Opt-Out

You may unsubscribe from MCHELPER text messages at any time.

To stop receiving messages, reply:

STOP

to an MCHELPER text message.

Where available, you may also unsubscribe using an unsubscribe link provided within a message.

After receiving an opt-out request, MCHELPER may send one final message confirming that you have been unsubscribed.

After the opt-out process is completed, MCHELPER will stop sending messages associated with the applicable messaging program unless you subsequently opt in again.

If you would like to receive MCHELPER messages again after opting out, you may enroll again through an available MCHELPER opt-in process.

14.6 HELP and Messaging Support

For assistance regarding MCHELPER messaging services, you may email:

tom@mchelper.com

Where supported, you may also reply:

HELP

to an MCHELPER text message.

MCHELPER may respond with information regarding the messaging program, customer support, or instructions for managing your subscription.

If a message contains a link to MCHELPER messaging information, you may also follow that link to obtain additional information regarding MCHELPER and the messaging program.

14.7 Transfer or Change of Mobile Number

If you change your mobile telephone number, discontinue your number, or transfer your mobile number to another person, you agree to take reasonable steps to unsubscribe the old number before relinquishing it.

You may do so by:

  1. replying STOP from the original number;
  2. using an unsubscribe link contained in an MCHELPER message, where available; or
  3. notifying MCHELPER at tom@mchelper.com and identifying the mobile number that should be removed.

Keeping your telephone number information current helps prevent MCHELPER messages intended for you from being delivered to another person.

Your obligation to notify MCHELPER or unsubscribe your old telephone number is a condition of participating in MCHELPER’s messaging service.

14.8 SMS Privacy

Information collected or processed through MCHELPER’s messaging program is subject to the MCHELPER Privacy Policy.

For information regarding MCHELPER’s privacy practices, please visit:

https://www.mchelper.com/privacy-policy/

14.9 Changes to Messaging Terms

MCHELPER reserves the right to modify, suspend, or terminate its messaging program at any time.

MCHELPER also reserves the right to update these Mobile Messaging Terms.

Changes will become effective upon posting unless otherwise stated or required by applicable law.

If you do not agree to a change to these Mobile Messaging Terms, you should cancel your enrollment in the applicable messaging program.

Your continued participation in the messaging program after revised Mobile Messaging Terms become effective constitutes your acceptance of those changes.


15. LINKING TO THE MCHELPER Support

Except as expressly permitted by MCHELPER or applicable law, you may not create hyperlinks to restricted portions of the MCHELPER Support or reproduce Materials or Software made available through restricted areas.

Nothing in this section prohibits ordinary links to publicly available pages of www.mchelper.com unless MCHELPER has expressly restricted such linking.


16. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MCHELPER and its subsidiaries, affiliates, officers, directors, employees, representatives, agents, licensors, consultants, suppliers, and authorized third-party service providers from claims, demands, actions, liabilities, losses, expenses, damages, and reasonable attorneys’ fees arising from or related to:

  • your violation of these Terms;
  • misuse or abuse of a Service;
  • unlawful activity conducted through your account;
  • your infringement of another person’s intellectual property or other legal rights; or
  • infringement or unlawful conduct by another individual using your account where you were responsible for such use.

You agree to reasonably cooperate with MCHELPER in the defense of an applicable claim.

MCHELPER reserves the right, at its own expense, to assume the exclusive defense and control of a matter otherwise subject to indemnification.

You may not settle a matter in a manner that imposes liability or obligations upon MCHELPER without MCHELPER’s prior written consent.

You agree to promptly notify MCHELPER if you become aware of unauthorized use of your account or another security breach affecting your account.


17. GUEST USERS

If you are not currently subscribed to a Service, you may be considered a “Guest.”

Existing MCHELPER customers using the MCHELPER Support outside the scope of their applicable Service Plan may also be treated as Guests with respect to such use.

As a Guest, you may use portions of the MCHELPER Support and Materials specifically made available to Guests for limited purposes, including:

  1. evaluating whether to subscribe to MCHELPER Services;
  2. reviewing MCHELPER products or offerings;
  3. registering with MCHELPER; and
  4. submitting a Plan Order.

Such access constitutes a limited, revocable, non-exclusive, non-transferable license.


18. COMMUNICATION SERVICES

MCHELPER may make available email, instant messaging, chat, messaging, forums, online communities, calendars, file-storage features, and other communication facilities designed to facilitate communications between users and MCHELPER personnel or authorized third parties.

Communication Services may be subject to an accepted Plan Order, these Terms, applicable privacy requirements, and additional policies associated with the applicable Communication Service.

Nothing in this section overrides the Mobile Messaging / SMS Terms above with respect to SMS or text messaging.


19. LIMITED LICENSE TO USE THE MCHELPER Support, MATERIALS, AND SOFTWARE

Subject to these Terms and your applicable Service Plan, MCHELPER grants you a limited, revocable, non-exclusive, non-transferable license to access and use the MCHELPER Support, Materials, and Software solely for purposes authorized by MCHELPER.

Certain Materials or Software may be subject to additional licenses, restrictions, End User License Agreements, or other terms.

Those additional terms apply in addition to these Terms.


20. GENERAL LICENSE RESTRICTIONS

Any use of the MCHELPER Support, Services, Materials, or Software not expressly permitted by MCHELPER is prohibited.

Except as authorized by applicable law or an applicable license, you may not:

  • copy;
  • reproduce;
  • execute;
  • modify;
  • translate;
  • publicly display;
  • transmit;
  • distribute;
  • manufacture;
  • sell;
  • sublicense;
  • rent;
  • lease;
  • reverse engineer;
  • decompile;
  • disassemble; or
  • otherwise exploit

MCHELPER’s proprietary Materials or Software.

All rights not expressly granted are reserved by MCHELPER and its applicable licensors, suppliers, or service providers.


21. USER RESPONSIBILITIES

In connection with obtaining Services, you agree to the following responsibilities.

21.1 Cooperation with MCHELPER Technicians

MCHELPER will use commercially reasonable efforts to assist you.

You acknowledge that successful technical support frequently requires cooperation between you and the MCHELPER technician.

You agree to provide accurate information and reasonably follow instructions necessary to diagnose or resolve the issue.

Where applicable, you should ensure that:

  • the problem or situation can be reproduced or reasonably demonstrated;
  • you have sufficient knowledge regarding the relevant hardware, software, device, system, and circumstances;
  • the affected system and relevant equipment are available during the support session; and
  • you have the authority to permit MCHELPER to access or assist with the affected system.

21.2 Software and Data Backup

You understand that technical troubleshooting, software installation, removal, configuration changes, system updates, malware remediation, hardware issues, or other technical activity can involve a risk of data loss.

You are responsible for maintaining appropriate backups of your important files, software, settings, and information.

To the extent permitted by law and except where otherwise expressly agreed, MCHELPER is not responsible for lost or corrupted software or data.

MCHELPER strongly recommends that you maintain an appropriate data backup and disaster recovery plan.

21.3 Account, Password, and Security

To submit certain Plan Orders or use certain Services, you may be required to complete a registration process.

You agree to provide current, complete, and accurate information.

You are responsible for maintaining the confidentiality of your username, password, authentication credentials, and account.

You are responsible for activity occurring through your account to the extent permitted by applicable law.

You agree to notify MCHELPER promptly if you discover:

  • unauthorized use of your account;
  • unauthorized disclosure of your password;
  • suspected compromise of your credentials; or
  • another security breach involving your MCHELPER account.

MCHELPER will not be responsible for losses resulting from unauthorized account use where such losses result from your failure to reasonably safeguard your credentials, except where otherwise required by law.

You may be responsible for losses incurred by MCHELPER or another party as a result of unauthorized use permitted or caused by your actions.

You may not access another person’s MCHELPER account without that person’s permission.


22. FORCE MAJEURE AND SERVICE AVAILABILITY

You acknowledge that circumstances outside MCHELPER’s reasonable control may delay, interrupt, restrict, or prevent the delivery of Services.

Such circumstances may include:

  • natural disasters;
  • acts of God;
  • severe weather;
  • fires;
  • floods;
  • epidemics or pandemics;
  • widespread malware outbreaks;
  • cyberattacks;
  • internet outages;
  • telecommunications failures;
  • electrical failures;
  • strikes;
  • riots;
  • wars;
  • military actions;
  • civil disorder;
  • terrorism;
  • vandalism;
  • sabotage;
  • government actions;
  • supplier failures;
  • third-party failures; or
  • other events beyond MCHELPER’s reasonable control.

To the extent permitted by law, MCHELPER will not be liable for delays or failures caused by such circumstances.

MCHELPER or its suppliers may also temporarily restrict access to a Service or limit Service availability to perform:

  • maintenance;
  • upgrades;
  • security work;
  • repairs;
  • system administration; or
  • other necessary operational activities.

23. EXCLUSIONS FROM SERVICES

Unless expressly included in your Plan Order or Service Description, Services do not include:

  1. items or activities outside the scope of your Plan Order;
  2. Services requested beyond the duration or usage limitations stated in your Plan Order;
  3. diagnosis or support that cannot reasonably be completed because of a problem with your computer, device, equipment, internet connection, system configuration, or another circumstance outside MCHELPER’s reasonable control;
  4. software, operating systems, hardware, devices, or components outside the scope of the applicable Service Plan; or
  5. problems caused by circumstances including:
    • accidents;
    • abuse;
    • misuse;
    • electrical power problems;
    • failure to follow manufacturer instructions;
    • failure to perform recommended preventive maintenance;
    • incompatible accessories, parts, hardware, or components; or
    • failure to follow reasonable MCHELPER technician instructions associated with resolving the applicable issue.

24. MATERIALS AND SOFTWARE AVAILABLE THROUGH MCHELPER

MCHELPER may make Materials or Software available for download or use through the MCHELPER Support, either as part of a Service or in connection with promoting Services.

Use of Materials or Software is governed by:

  1. any applicable End User License Agreement (“EULA”); and
  2. these Terms.

If an applicable EULA contains more restrictive requirements than these Terms regarding particular Software, those EULA requirements will control with respect to that Software.

Materials and Software may be downloaded or used only as authorized under the applicable EULA, Plan Order, or Service Plan.

Unauthorized reproduction or redistribution may violate applicable intellectual property laws.

No MCHELPER logo, graphic, sound, image, proprietary content, or other protected Material may be copied, republished, or retransmitted except as expressly permitted by MCHELPER or applicable law.

Copying or reproducing Materials or Software to another server or location for further reproduction, redistribution, resale, or unauthorized use is prohibited unless expressly permitted by MCHELPER or the applicable EULA.


25. END USER LICENSE AGREEMENTS GENERALLY

In connection with a Service, MCHELPER may provide access to or use of certain software owned by MCHELPER or third-party licensors, suppliers, or service providers.

MCHELPER and applicable third-party licensors may update, modify, replace, patch, or upgrade Software from time to time.

You agree to reasonably cooperate with installation of updates or changes when necessary to provide the applicable Service.

You may use Software only:

  • as permitted by the applicable license;
  • in connection with your Service Plan; and
  • for authorized purposes.

Certain Software may be accompanied by a separate EULA.

Where a EULA requires acceptance before installation or use, you must agree to the EULA before using that Software.


26. MCHELPER SOFTWARE LICENSE

For Software made available directly by MCHELPER for which acceptance of a separate license agreement is not required (“MCHELPER Software”), MCHELPER grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the MCHELPER Software solely in connection with your authorized Service Plan.

Except as expressly permitted, you may not make copies of MCHELPER Software.

You acknowledge that MCHELPER Software may contain confidential and proprietary information belonging to MCHELPER or its third-party licensors, providers, or suppliers.

You may not disclose, distribute, or use such proprietary information except as expressly authorized.

Except where prohibited by applicable law, you may not:

  • decompile;
  • reverse engineer;
  • disassemble;
  • attempt to discover source code;
  • attempt to discover underlying algorithms;
  • modify;
  • rent;
  • lease;
  • loan;
  • sublicense;
  • distribute;
  • reproduce;
  • transfer;
  • operate as a service bureau; or
  • otherwise make unauthorized use of MCHELPER Software.

You may not remove or alter any copyright notice, trademark, trade name, proprietary notice, label, legend, or similar designation contained in MCHELPER Software.

No ownership rights in MCHELPER Software are transferred to you.

MCHELPER and its applicable licensors, providers, and suppliers retain all right, title, and interest in MCHELPER Software and related documentation, including copyrights, patents, trademarks, trade secrets, and other intellectual property rights.

Any geographic restriction applicable to specific Software will be disclosed through the applicable license or Service terms.


27. THIRD-PARTY SOFTWARE

As part of the Services, MCHELPER may recommend, assist with, install, configure, troubleshoot, or otherwise interact with third-party software (“Third-Party Software”).

Third-Party Software is owned and licensed by the applicable third-party owner or licensor.

Your use of Third-Party Software is subject to the applicable third party’s terms, license agreements, privacy policies, and other requirements.

You are responsible for reviewing and accepting applicable third-party terms before installing or using Third-Party Software.

Unless expressly stated otherwise, MCHELPER:

  • does not own Third-Party Software;
  • does not license Third-Party Software to you;
  • does not control Third-Party Software; and
  • makes no independent representation regarding Third-Party Software.

Your license to use MCHELPER Software remains effective until terminated in accordance with the applicable license, Service Plan, Plan Order, or these Terms.

When a Service Plan terminates, you must discontinue use of MCHELPER Software when required by the applicable license and remove it from your devices where applicable.

When MCHELPER assists with Third-Party Software or equipment, you are responsible for ensuring that you possess any rights or permissions required to authorize MCHELPER to provide such support.

Certain manufacturers or software providers may impose restrictions regarding support from independent service providers.

You are responsible for determining whether use of MCHELPER support could affect a third-party warranty or agreement.


28. THIRD-PARTY SERVICES

MCHELPER may recommend or facilitate access to services provided by third parties.

If you elect to use a third-party service, your use of that service is governed by the third party’s applicable terms, privacy practices, and policies.

The third-party provider is responsible for delivering and operating its own services.

Third-party services may include, without limitation:

  • technical services;
  • software services;
  • training;
  • security tools;
  • cloud services;
  • storage services; or
  • other technology-related offerings.

A violation of a third-party provider’s applicable terms may affect your ability to use Services that depend upon that third-party service.


29. LIMITED SERVICE WARRANTY

Except to the extent otherwise expressly provided in an applicable Service Plan or required by law, MCHELPER provides Services, Materials, and Software on an “AS IS” and “AS AVAILABLE” basis.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCHELPER DISCLAIMS WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

If you are dissatisfied with Services, available remedies may include, where applicable:

  1. allowing MCHELPER to re-perform the disputed Service; or
  2. re-downloading or reinstalling applicable Software.

Certain MCHELPER Service Plans may include a 7-day limited service warranty when expressly provided in documentation applicable to that particular Service Plan.

Any such limited warranty is subject to the requirements and exclusions stated in the applicable Service Plan in addition to these Terms.

MCHELPER and its suppliers do not warrant that:

  • all technical problems can be resolved;
  • Services will be uninterrupted;
  • Materials will always be error-free;
  • Software will operate with every device or configuration; or
  • Services will satisfy requirements not expressly included in the applicable Service Plan.

Materials may contain technical inaccuracies or typographical errors.

MCHELPER may update, correct, improve, or otherwise change Materials, Software, Services, or information at any time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCHELPER AND ITS SUPPLIERS WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING FROM LOSS OF USE, DATA, PROFITS, BUSINESS, OR OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES, MATERIALS, OR SOFTWARE.


30. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MCHELPER’s aggregate liability arising from or related to a Plan Order or Service will not exceed the amount actually paid by you to MCHELPER under the Plan Order giving rise to the dispute.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.


31. LIMITATION ON ACTIONS

To the extent permitted by applicable law, any cause of action or claim arising from or related to a Service, Plan Order, or these Terms must be commenced within one (1) year after the cause of action arises.

If applicable law does not permit such a limitation, the shortest legally permissible limitation period will apply.


32. TERM, SUSPENSION, AND TERMINATION

MCHELPER may restrict, suspend, or terminate a Service where permitted by law if:

  1. you materially breach these Terms or another applicable policy;
  2. you violate restrictions regarding abuse or acceptable use;
  3. your use of a Service violates applicable law;
  4. your use disrupts, damages, threatens, or adversely affects MCHELPER Services, networks, infrastructure, personnel, customers, or other users;
  5. MCHELPER receives a valid court order, governmental directive, or legal requirement requiring suspension or termination;
  6. MCHELPER ceases offering the applicable Service;
  7. you are no longer eligible for the applicable MCHELPER Service;
  8. required fees remain unpaid; or
  9. MCHELPER reasonably determines that a Service is being abused, misused, or used fraudulently.

Where appropriate and permitted by law, MCHELPER may refuse renewal or re-subscription after termination or suspension.

Terms that by their nature should survive termination—including provisions concerning intellectual property, limitations of liability, indemnification, payment obligations, and dispute-related provisions—will survive termination.


33. SEVERABILITY AND WAIVER

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The remaining provisions will remain in full force and effect.

MCHELPER’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or of MCHELPER’s right to enforce it later.

A waiver is effective only when expressly made by an authorized representative of MCHELPER.


34. NO OFFER OR GUARANTEE OF AVAILABILITY

The MCHELPER Support may be accessible from locations where certain MCHELPER products, Services, programs, or features are not available.

References to a product, Service, program, or feature do not constitute a representation that it is or will become available in every jurisdiction.

MCHELPER may determine where particular Services are offered and may modify Service availability subject to applicable law.


35. MODIFICATIONS TO THESE TERMS

MCHELPER reserves the right to amend or update these Terms and the MCHELPER Support from time to time.

Revised Terms may be made available through:

www.mchelper.com

MCHELPER may also provide notice of material changes through email, the MCHELPER Support, account notifications, or another reasonable communication method.

You are responsible for periodically reviewing these Terms.

Unless otherwise required by applicable law, revised Terms become effective when posted or on the effective date stated in the revised Terms.

Your continued use of the MCHELPER Support or Services after revised Terms become effective constitutes acceptance of the updated Terms.

If you do not agree to revised Terms, you should discontinue use of the affected Services and, where applicable, terminate your Service in accordance with your Service Plan.


36. GOVERNING LAW

This Agreement and the rights and obligations of the parties arising under or related to this Agreement will be governed by the applicable laws of the United States of America, without regard to conflict-of-law principles that would require application of the laws of another jurisdiction, except where otherwise required by applicable law.


37. ENTIRE AGREEMENT

These Terms, together with your accepted Plan Order, applicable Service Description, Privacy Policy, Refund Policy, applicable software licenses, and any additional terms expressly incorporated by reference constitute the entire agreement between you and MCHELPER concerning the applicable Services.

These documents supersede prior or contemporaneous communications or understandings concerning the same subject matter, except where expressly agreed otherwise in writing by MCHELPER.


38. CONTACT MCHELPER

If you have questions regarding these Terms, MCHELPER Services, or the Website, you may contact MCHELPER using the following information:

Phone: +1 (888) 995-5185

Messaging / SMS Support: tom@mchelper.com

Website: www.mchelper.com

Privacy Policy:
https://www.mchelper.com/privacy-policy/

Refund Policy:
https://www.mchelper.com/refund-policy/


By accessing the MCHELPER Support, purchasing a Service, submitting a Plan Order, or otherwise using MCHELPER Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.