Ghost Terms of Service
Ghost Support LLC (“Ghost”, “us”, “our”,”we”) provides technical support services for our members to assist them in setting up, maintaining, and repairing their “compatible device(s)”, which are devices with a Windows 7 or later, Android 5.0(Lollipop) or later, Chrome OS 46 or later, macOS 10.12(Sierra) or later, and/or iOS 6 or later operating system installed.
In-Home Services are also available to members within the “Service Area”, which is defined as a home or office located in one of the following Texas cities/villages: Austin, Bartlett, Bastrop, Bear Creek, Bee Cave, Bertram, Briarcliff, Buda, Burnet, Cedar Park, Coupland, Creedmoor, Dripping Springs, Elgin, Florence, Garfield, Georgetown, Granger, Hutto, Hays, Jarrell, Jonestown, Kyle, Lago Vista, Lakeway, Leander, Liberty Hill, Manor, Marble Falls, Mountain City, Mustang Ridge, Niederwald, Pflugerville, Point Venture, Rollingwood, Round Rock, San Leanna, San Marcos, Spicewood, Sunset Valley, Taylor, The Hills, Thrall, Thorndale, Uhland, Volente, Webberville, Weir, West Lake Hills, Wimberly, Woodcreek.
Your Ghost membership begins on the day you initially subscribe and make your first payment. Membership will automatically renew on a month-to-month basis on the same calendar day until cancelled. Until the plan is cancelled, you authorize us to automatically charge your credit or debit card, PayPal account, or another form of payment deemed acceptable by us for the current price of membership or any other charges that may be generated while utilizing our services. You must cancel your plan prior your renewal date to avoid incurring any additional monthly charges.
- In order to become a member, you must be 18 years of age or older. Individuals under the age of 18 may still have their compatible devices serviced if they are added to a parents or legal guardian’s account.
3. Membership benefits
All of the benefits outlined below require a Ghost membership and, unless otherwise stated, are limited to one device with Windows 7 or later, or macOS 10.12 or later, and an unlimited number of all other compatible devices that the member owns. Members can opt to have the same benefits applied to other devices with Windows 7 or later and/or macOS 10.12 or later for a reduced rate of $5, plus any applicable taxes, per device per month. These benefits can also be shared with other individuals in the member’s household. While utilizing benefits, you authorize us to use software and hardware tools we deem necessary to complete the requested services, as well as to accept End User License Agreements on your behalf when installing software. You also agree to provide us with information we deem necessary to provide the requested services.
- Remote Support. Any remote support service requires the installation of our app and a high-speed internet connection. We will only provide the following services when requested or approved by you.
- Data transfer or Data Backup
- Device Tune-up
- Email Setup
- Operating System Upgrade
- Software Install or troubleshooting
- Virus Removal
- $50 In-Home Services. We will provide the following services at the member’s home or business address, given it is within our Service Area, for an additional $50 charge, plus any applicable taxes, per service. This charge does not include any required parts. If we are unable to perform the requested service or it is performed in an unsatisfactory manor, you may receive a refund for the requested service, minus the cost of any parts. No refund will be given if service is scheduled and you are not avalible at the time and address specified to give us access to the compatible device. Service will be refused if we deem the environment to be unsafe or hostile.
- 1 hour training
- Device setup
- Data transfer or Data Backup
- Computer Hardware (RAM, hard drive, etc.) Install or Upgrade
- Operating System Install or Upgrade
- Printer Setup
- Software Install or troubleshooting
- Wi-Fi Setup or Troubleshooting
- Virus Removal
- Smart Device Install and Setup for devices that can be plugged into a wall outlet or operate on battery power.
- Proactive Monitoring. By installing our Windows and/or macOS app, you agree to allow us to monitor several aspects of your device and automatically install updates to help maintain its functionality. While we try to detect all issues, we in no way guarantee that we will be able to identify all issues through this benefit. Should we detect an issue that indicates the need of repair, we will notify you in a reasonable time and begin working with you to remedy the situation. The areas of compatible Windows devices that we monitor are as followed:
The areas of compatible macOS devices that we monitor are as followed:
- System crashes
- Hard drive health and usage
- Application crashes
- Missing and out of date drivers
- Firewall Status
- Windows and popular application updates
- Startup applications
- Windows services
- Hard drive health and usage
- Firewall Status
- macOS updates
- Anti-Virus Software. Upon installing our app on a compatible Windows or macOS device, anti-Virus will also be automatically installed. This program will automatically update and scan for viruses. Emsisoft is installed on Windows devices and BitDefender is installed on macOS devices. By being a Ghost member and having either program installed, you agree to the EULA and any additional terms set forth by Emsisoft and/or BitDefender. If you want to use your own Anti-Virus software or do not want it installed on your compatible device, please contact us to have the software removed. The software can be re-installed if you opt to do so at a later date.
- Computer Recycling. If you are located within our Service Area, then we will pickup and ethically recycle your computer and computer components at no additional fee per your request. This benefit does not require the previously stated additional $5 per device per month fee. CRT monitors are not eligible to be recycled by us. We also reserve the right to decline recycling of any device/component for any reason.
- Discounted Data Recovery. In the event we’re unable to backup or transfer your data when requesting the service outlined in Section 2(a,b), we offer discounted data recovery services through our partnership with DriveSavers. In order to utilize this benefit, you must contact us by one of the methods outlined in section 4. The price that is quoted to you by DriveSavers will be less than if you contacted them directly. Free overnight shipping to their facility will be provided by either us, or DriveSavers directly. If your data can not be recovered, you will not have to pay the previously quoted price.
We may not be able to complete requested services if:
- We determine the issue can not be resolved remotely and you refuse to utilize in-home services described in section 2(b).
- You refuse to upgrade your operating system, software, or hardware.
- You’re using a device we deem as not compatible (i.e. Server)
- Forces outside our control prevents us from doing so (i.e. severe weather).
5. How to Utilize Membership Benefits
Benefits mentioned in sections 2(c,d) are automatically activated upon installing our app. To use other benefits mentioned in section 2, you must schedule the service by contacting us using one of the following methods:
6. Cancellations and Changes
- Cancellation. Your membership can be cancelled at any time by requesting cancellation in your billing account at help.Ghost.support or emailing us at firstname.lastname@example.org. Upon cancelling your account, you will still have access to all of your membership benefits until the day your membership is set to renew. On the day your membership is set to renew, we will schedule our app to automatically uninstall the next time the compatible device connects online, if it is not already uninstalled. Monthly membership fees will no longer be charged, but you will still be responsible for paying any outstanding balances on your account that occured prior to cancellation.
- No Refunds. We do not provide refunds for any memberships after the initial 30 days of purchase. Should you cancel your plan within the first 30 days of purchase, you may receive a full refund of your Ghost membership monthly fee.
- Cancellation of Service by Us. We may cancel your plan at any time due to your failure to comply with the requirements outlined in this Terms of Service, fraud, non-payment of your membership fee or any other incurred charges, or being hostile to our employees.
- Price and Terms Changes. We reserve the right to make changes to these Terms of Service, the price of membership, and any charges associated with membership benefits at any time. Should such a change be made, it will take effect immediately for new members. However current members will be notified via email and changes will take effect 30 days after the post date.
7. Loss of Data
Data stored locally on your device, external device, or via cloud storage is not routinely backed up by us. We recommend backing up any important files and/or software prior to utilizing any of the membership benefits outlined in section 2. While we strive to retain all data on the compatible device while performing requested services, including data backups and transfers, we are not responsible for the loss or corruption of any data.
We may contact you via email, text, and/or phone call in regards to changes to your membership and on a promotional basis to offer you new services, events, or products we provide directly or through a partner. You may also be contacted by us if deemed necessary to provide you a benefit or the update of a service outlined in section 2. If you do not want to be contacted by us on a promotional basis, you may opt out by notifying us using one of the methods described in Section 5.
9. Disclaimer of Warranties
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOUR USE OF OUR SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 1 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will defend, indemnify, and hold Ghost and its suppliers and affiliates, and the respective directors, officers, employees and agents of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms of Service or use by you or any third party (authorized, permitted or enabled by you) of the Services, except to the extent the foregoing directly result from Ghost’s own gross negligence or willful misconduct. Ghost reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This Indemnification Section will survive any termination or expiration or these Terms of Service.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU AND GHOST UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS AGREEMENT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Williamson County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Williamson County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF SERVICE AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND GHOST.
Last updated: 08/06/2019