These terms (the "Terms") govern your use of any iDefend services, technology and support services (the "Service" or "Services") provided by INVISUS, its subsidiaries, affiliates and contractors. By ordering, accessing, or using the Services online, via phone, or online remote connection, you agree to these Terms herein. We provide you with access to and use of the Services subject to your compliance with the terms herein. If you do not agree to these Terms, you may not access or use the Services or permit others to do so on your behalf. By enrolling in iDefend, you authorize INVISUS and its service providers to obtain and monitor your information including from credit reporting agencies and/or other monitoring services as necessary to provide the Services. INVISUS reserves the right to refuse to provide the Services to anyone at any time without notice for any reason.
You represent and warrant that (a) you are at least 18 years old and have the legal capacity and authorization to legally bind yourself to the Terms; (b) you have read and agree to these Terms; (c) the contact and payment information you submit to INVISUS or another third-party sponsoring and billing organization is correct and complete.
1. iDefend Services. iDefend is an identity theft protection and cyber protection program for personal and household use. You are purchasing a recurring subscription which will automatically renew month to month. You agree that you will use the Services only for your own behalf and that you will notify INVISUS immediately of any unauthorized use of your iDefend membership. Coverage begins immediately upon purchase confirmation by email or other means. Certain monitoring and other services are not started until you complete your plan member information setup. It is your responsibility to complete your iDefend plan setup by logging into your online iDefend account and entering all required information.
Individual Plans provide identity theft coverage for one adult over the age of 18 and security and support services for a home network, one computer and all personal mobile devices. Family Plans provide identity theft coverage for the entire family including up to 2 adults and all children up to the age of 18 and security services and support for a home network, all household computers and mobile devices. Children covered by Family Plans are no longer considered a child and are automatically unenrolled when they reach their 18th birthday and will need an account of their own as an adult to continue their coverage.
Not all features are available in all plans. Specific areas of monitoring, security and support vary by plan type. Some features require login to your iDefend account to be activated. You will receive service notices and alerts to the email address you provide upon enrollment.
2. Risk Free Service Guarantee. IF YOU ARE NOT SATISFIED WITH YOUR SERVICE FOR ANY REASON, YOU MAY CANCEL WITHOUT FURTHER OBLIGATION OR PENALTIES.
3. Account Setup. It is your responsibility to complete your iDefend setup by logging in to your account online and entering the required personal information to be monitored for plan members. Although coverage, including restoration services, is effective upon enrollment, certain identity theft scans and active monitoring activities cannot be conducted until your account setup has been completed and you have provided the basic required personal information. You can contact iDefend Customer Service at (801) 692-6200 for assistance in setting up your account.
Notwithstanding the foregoing, INVISUS may prepare, develop, and retain aggregated and/or anonymized data from your account for its own internal use. Should you change your monitored information such as bank accounts, credit cards, and other third-party accounts, you must also update that account information in our system in order for us to monitor that information.
4. Identity Theft Monitoring. Using the information you provide, we monitor for all types of identity theft including credit fraud, account takeover fraud, social security benefits fraud, medical identity theft, tax return fraud, criminal records fraud and more. We monitor for signs of identity theft and the suspicious use of your personal information on the dark web, credit bureaus, National Change of Address (NCOA) database, utilities, criminal court records, financial account takeover and other fraud databases. You will be notified of potential identity theft activity we detect related to the personal information you enter and keep updated in your iDefend account. Not all monitoring services are included with every plan.
You hereby acknowledge and understand that our monitoring and services are limited to the account information provided by you and from our third-party providers, and we may in certain circumstances experience delays or failures to process or identify fraudulent activity and transactions. You acknowledge and agree to monitor your accounts and transactions and further expressly recognize that you should not solely rely on iDefend alerts for accuracy or delivery in all cases.
5. Credit Monitoring, Reports and Scores. If your iDefend plan includes credit monitoring, reports or scores, your identity must be successfully verified and authenticated with the Experian credit bureau, and Experian must be able to find your credit file and it must contain credit history information. You authorize INVISUS and its service providers to obtain and monitor your information from credit reporting agencies to provide the Service and to make information available to you for your own use in accordance with the requirements of the Fair Credit Reporting Act.
Federal law (Section 211 of the Fair and Accurate Credit Transactions Act) provides you the right to obtain a free annual copy of your credit report from each of the national credit reporting agencies. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
You understand that there are numerous credit scores and models available in the marketplace and lenders may use a different score when evaluating your creditworthiness. If you have questions regarding your credit score or would like to dispute information in your credit file, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
We are not a credit repair organization. We cannot improve your credit report, credit history or credit rating. We do not provide you with advice or assistance in improving your credit report, credit history or credit rating. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate information, it is your responsibility to contact the relevant credit reporting company and follow the appropriate procedures for notifying them that you believe that your credit report contains errors.
6. Identity Theft Recovery Assistance. Upon discovery of an identity theft/fraud incident, you will be assigned a case number and an identity theft recovery specialist who will investigate, confirm and assist you in resolving your identity theft case. You may be asked to sign a Limited Power of Attorney in order for your specialist will work on your behalf, coordinate and file disputes with creditors, credit bureaus, bill collectors, financial institutions, utilities, health insurance providers, and agencies such as the IRS, DMV, SS Administration, state and county records, U.S. Postal Service, etc. Where possible, the recovery process includes coordination with law enforcement to assist in the apprehension and prosecution of the identity thief.
Prompt reporting of fraudulent, unusual, or suspicious activity is critical to minimizing potential losses and resolving incidents. You hereby agree that (a) You will promptly notify INVISUS, without reasonable delay, in the event that your wallet, purse, or identity information is lost or stolen; and (b), You will promptly notify INVISUS, without reasonable delay, upon discovery that someone has improperly used, or attempted to use, your personal information to impersonate or commit fraud; and (c), You will fully cooperate and be truthful with our identity theft recovery specialists, and you will execute or provide any necessary documents for INVISUS and/or its service providers that are required to provide services on your behalf.
7. Identity Theft Recovery Expense Reimbursement. To make identity theft restoration as painless and hassle-free as possible, your iDefend plan includes up to $1 million in expense reimbursements for your out-of-pocket costs incurred with your identity recovery including attorney services, court costs, lost wages from time off work and more. Full terms and summary of coverage is available upon request.
8. Social Media Monitoring. If you enable this feature, we will monitor your accounts on popular social media sites and notify you of suspicious posts, content, potentially malicious links, and the exposure of personal information that puts your privacy and identity at risk. It does not monitor chat or direct messages on social media platforms. If on a Family Plan, you can monitor a child’s social media accounts for inappropriate content, threats, bullying, and much more. Child monitoring alerts are sent to you as the primary adult plan member.
9. Cyberhood Watch. Every iDefend plan includes a Cyberhood Watch membership. This provides you with timely and important cybersecurity tips, scam alerts, and identity theft protection resources sent right to your email inbox. You understand these tips, alerts and news updates are provided as general self-help information and in no way guarantees your safety, privacy or security. You also understand that Cyberhood Watch content is copyright protected and may not be copied, duplicated or otherwise used without the express permission of INVISUS.
10. Network and Device Security Services. iDefend includes a wide array of cybersecurity support services for your home network, computer and mobile devices. Not all services are available with every plan. Your Services may include but are not limited to computer security checkups, virus/malware removal, security software support, home network security checkups, and mobile device security and privacy support.
11. On-Demand Technical Support Services. Unlimited technical support services are provided with some iDefend plans and include computer problem troubleshooting and repair, computer tune-ups and maintenance, home network/Wi-Fi setup and device connectivity, parental controls consultation and setup, and peripheral device connectivity. Limited security and support services also apply to other smart devices connected to your home network including printers, virtual assistants, home security and smart home automation devices. We may set forth limits to the technology we support. Certain Services may have minimum system requirements.
The computers and devices supported under your plan are personal household use only. Not all features are available on all operating systems, devices or software platforms. Operating systems supported include Windows, Mac, iOS, Android.
INVISUS may from time to time be unable to provide the services requested due to catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of INVISUS, and other reasonable circumstances. INVISUS is not responsible for lost files or data. We recommend that you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from INVISUS.
12. Remote Technical Support Services. When you contact our cybersecurity and technical support team, you will speak with an INVISUS technician. The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service. Each session is private and secure, initiated at your request. Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and/or devices.
By design, you must request service from INVISUS and allow our technicians to work with your computer(s), network and devices. INVISUS cannot gain access to your system in the absence of your request, online presence and involvement in the process. When you request security and technical support services, you hereby grant INVISUS the right to connect to your computer or device, gather system data, download and use software on your computers and devices for the purpose of diagnosis, service and repair while performing the Services. You have the option to allow, decline, halt the advancement of, and/or terminate the online remote session.
You hereby grant permission to INVISUS to monitor and/or record the support phone calls and remote connect sessions as necessary to satisfy any law, regulation, or other governmental request; to protect ourselves and our users; for training purposes; and to enhance the Services we may provide in the future.
13. Third-Party Software. INVISUS may need to download or run software on your computers or devices to provide the Services and to diagnose and resolve problems. We may suggest that you license or use third party apps or software. In performance of the Services, you agree that we may download and utilize third-party software and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of software that will expire and cease to function after a certain period unless you purchase a license to continue using such software. You agree that we may, but are not obligated to, remove any software downloaded to your computers or devices during the Services or after we have completed or terminated the Services. In any event, INVISUS does not represent, warrant, or guarantee the reliability of any third-party software, application or product used to provide the Services, or that you choose to license or use at any time during, after, or prior to the Service.
14. Service Upgrades, Downgrades, Transfers. Only you as the primary plan member may change the iDefend plan type and Services associated with your account. Certain upgrade or transfer fees may apply for upgrading or switching to different services. The iDefend service may not be transferred from one account owner to another.
15. Changes to Service, Fees, Terms. At any time, we may modify these terms, fees or modify or cancel certain Services. If in our sole discretion we deem a revision to these Terms or iDefend Services to be material, we will notify you via the Services and/or by email to the email address associated with your account. Notice of other changes may be provided via the Site. Therefore, we encourage you to check the date of these Terms of Use whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we are not obligated to continue providing the Services, and you must cancel and stop using the Service.
16. Payment; Automatic Renewal. iDefend is billed on a subscription basis by INVISUS or through an affiliate or third-party sponsoring organization. You will be billed in advance on a recurring and periodic basis, typically monthly or yearly. You agree to pay for the subscription you choose and you authorize us to automatically charge the payment method on file for your recurring payments and to obtain automatic updates for expiring payment cards you have provided. You may change your preferred payment method any time by logging into your account or by calling INVISUS customer service.
Your membership will be automatically renewed each billing cycle and you will be charged the same amount (plus applicable tax) at the end of the initial term (and each subsequent term, as applicable), until your membership is cancelled by you or terminated by INVISUS or a third-party sponsoring organization. You may cancel your membership at any time by calling 801-692-6200.
In the event you enroll in a free trial offer, such free trial shall be available only if you are a first-time customer of the Service. Only one (1) free trial may be redeemed per person in a twelve (12) month period. INVISUS hereby reserves the right to refuse registration in our Services for any reason.
17. Late payments, Account Suspended. If, for any reason, payment is not cleared on the day it is due, your account and all protection benefits will be automatically suspended until your account is brought current. You will be notified of any payment problems and past due amounts by email and/or by phone. INVISUS reserves the right to terminate accounts that reach 60 days past due. Past due accounts are returned to active status upon payment in full of all past due amounts. INVISUS may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month late fee, whichever is greater, on unpaid balances. INVISUS may also charge for any collection agency fees billed trying to collect from you.
18. Cancellation. You may cancel your account at any time by calling 801-692-6200 or by contacting the third-party sponsoring organization through which you pay for your iDefend Services. Once your account has expired or been terminated for any reason, you will have no further right or access to use the deactivated Services, and you immediately shall cease using and destroy all copies of any materials or software provided to you. We reserve the right to terminate your account with or without cause at any time and for any reason. There are no refunds for unused days or months remaining in the current billing cycle in which your services are terminated.
19. Your Conduct. You agree that you will always protect your personal information in a reasonable way. Accordingly, you will not recklessly disclose or publish your Social Security number or any other Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information, such as in response to "phishing" scams, unsolicited emails, or pop-up messages seeking disclosure of your personal information.
20. Accounts & Passwords. Registration and login require both a username and password. You should consider your usernames and passwords as confidential information. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your username and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to lock your account in the event of any suspected or actual fraud or a violation of these terms.
21. Privacy. In connection with your use of the Services, you may be asked to provide personal information that identifies you (and other plan members) individually including without limitation Personally Identifiable Information (PII), credit history, financial account information, government IDs and other personal information. You authorize INVISUS and its providers to use and access your personal data as necessary to provide you with identity theft monitoring, credit monitoring, and identity theft recovery and other protection services. The information you provide will be transmitted securely and kept confidential. We will not share your account or personal information with any third parties without your permission, except as specifically required to perform the Services. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We may also use this information to communicate with you about goods and services related to INVISUS products and services. BY ACCESSING OR USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT.
22. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS AND WITHOUT WARRANTY. ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INTERFERENCE, ACCURACY, & NON-INFRINGEMENT ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT INVISUS AND IT SUPPLIERS AND PROVIDERS DO NOT GUARANTEE YOUR PROTECTION. INVISUS DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES AND CONTECT ARE ACCURATE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE. INVISUS DOES NOT AUTHORIZE ANY PERSON OR COMPANY TO MAKE ANY WARRANTIES ON ITS BEHALF. THE INFORMATION AND OTHER MATERIALS YOU MAY RECEIVE FROM INVISUS DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU AGREE AND UNDERSTAND THAT YOUR IDEFEND SERVICE DOES NOT INCLUDE OR PROVIDE REIMBURSEMENT FOR ACTUAL FINANCIAL LOSSES.
23. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT INVISUS, ITS SERVICE PROVIDERS, AFFILIATES, OR SPONSORING ORGANIZATIONS ("PROVIDERS") AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE TO YOU (OR ANY OTHER PERSON YOU ENROLL IN ANY SERVICE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR USE, OR INABILITY TO USE THE PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT EVEN IF INVISUS OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. INVISUS SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY THIRD-PARTY CLAIMS. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON INVISUS AND/OR ITS PROVIDERS, THEN YOU AGREE THAT INVISUS, AND/OR ITS PROVIDERS' TOTAL LIABILITY TO YOU (AND ANY OTHER PERSONS YOU ENROLL IN ANY SERVICE) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICES. INVISUS' TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICES. THIS SECTION IS A FUNDAMENTAL PART OF OUR SERVICE AGREEMENT, WITHOUT WHICH INVISUS WOULD NOT BE ABLE TO PROVIDE THE SERVICE, AND THIS SECTION WILL APPLY DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
24. General. This Agreement constitutes the entire agreement between INVISUS and you.
(a). Jurisdiction. You agree that this Agreement and any Service(s) provided hereunder will be governed by the laws of the State of Utah, without regard to its conflict of law principles, or to any laws that would direct the choice of another state's laws; and, where applicable, will be governed by the federal laws of the United States of America.
(b). Arbitration. You agree that any disputes arising from this Agreement will be settled by third party mediation or arbitration in the state of Utah. Only a qualified arbitrator can decide whether an issue is appropriate for arbitration. An arbitrator can allocate the fees and costs of arbitration in an award to the prevailing party. Any arbitration award made after completion of any arbitration is final and binding and may be confirmed in any court of competent jurisdiction.
(c). Severability. In the event that any provision of this Agreement shall for any reason be held, by a court of competent jurisdiction, to be invalid, illegal or unenforceable in any respect, the remaining provisions of that section and this Agreement shall remain in full force and effect.