Got A Question About Terms and Conditions

[Purpleroses 21]

I just received a pop up for eset stating to accept terms and condition to continue to use Eset.  Has anyone else got that message?

[Marcos 5,259]

Could you please post a screenshot of the message for clarification?

[Purpleroses 21]

I did not get a screenshot of the clarification because my brother clicked accepted. Now I'm worried my computer might be at risk?

[Purpleroses 21]

But It did take him to this page to read the terms and conditions

https://help.eset.com/home_eset/en-US/terms_of_use.html

 

[itman 1,746]

7 minutes ago, Purpleroses said:

But It did take him to this page to read the terms and conditions

https://help.eset.com/home_eset/en-US/terms_of_use.html

 

Strange a confirmation of terms revision would occur now. The terms revision was effective April, 2024.

For the record, I have never received a like redirect to the Eset terms web page.

[itman 1,746]

Did you recently update to ver. 17.2? If so, there also might be a bug in the ver. 17.2 installer.

I got ver. 17.2 via pre-release updating prior to its official release which might explain why I haven't seen this behavior.

Of note is the Eset installer requires approval of Eset terms and conditions. Perhaps this got hosed in some way in the installer delivered via in-product update means.

[Purpleroses 21]

Yes I recently update to ver. 17.2,  I just hope my computer is going to be alright!!

[fxtreme 0]

7 hours ago, Purpleroses said:

I just received a pop up for eset stating to accept terms and condition to continue to use Eset.  Has anyone else got that message?

I received it as well. Recently reinstalled Windows and instaled ESET 17.2 Straight.

[itman 1,746]

What is strange here is if you access Eset online help web site and select EULA, Terms of use, as shown below;

You are presented with a EULA dated 2021.

Leave it to Eset to find another way to bork their already convoluted license processing.

[vtepez 0]

I also just got the notification to accept terms of use. It hasn't asked this since installing it months ago and I don't recall running an update. can't add a screenshot here, but it's a bit strange that it would suddenly ask that.

[Marcos 5,259]

38 minutes ago, vtepez said:

I also just got the notification to accept terms of use. It hasn't asked this since installing it months ago and I don't recall running an update. can't add a screenshot here, but it's a bit strange that it would suddenly ask that.

That's because you hadn't accepted subscription terms of use (ToU) in ESET HOME before upgrading to v17.2 so the window popped up after upgrade to v17.2. In order to use subscription, it is necessary to accept subscription ToU.

[cpm1985 0]

Does ESET have any idea the amount of anxiety this is causing so many users?  This kind of thing never happens, EVER.  Not McAfee, not Norton, not Kaspersky; not Microsoft, not Apple, not Adobe.  No software company ever just randomly presents a pop message requiring agreement to anything after a minor version upgrade.  Especially a version upgrade that is pushed silently.  itman (Rank: Master in the ESET Forum) says there "might be a bug in the ver. 17.2 installer."  Is that the case?  ESET should exhibit some corporate responsibility to officially explain why this happened to reassure all loyal users.  I doubt many customers really care about the terms of use language, or what changed since we initially installed ESET and (I assume) already clicked to agree.  All we really care about is that the pop up message is safe to click and that nothing is going wrong.  Some transparency would be nice.

[Marcos 5,259]

When installing any software, you must accept EULA/ToS/ToU which is a mandatory step required by legal. Also if the terms or the service have changed over time, you are asked to accept the new terms or stop using the software if you don't agree with them. This is what happened; we've moved from standard licenses to subscription and that requires user's consent with subscription terms of use (ToU).

[Cider Phil 0]

I purchased a three year licence for Home Security Ultimate in May this year. I therefore have a contract with ESET. I am now getting popups saying that I must agree new terms and conditions to continue using ESET. I have not upgraded or installed anything new. I would have accepted the terms and conditions when I purchased the new licence. ESET cannot arbitrarily  change the terms and conditions and then refuse to allow you to continue to use the licence that you paid for. That must be illegal.

[itman 1,746]

3 hours ago, Cider Phil said:

ESET cannot arbitrarily  change the terms and conditions and then refuse to allow you to continue to use the licence that you paid for. That must be illegal.

No, it's not illegal.

Quote

Furthermore, many EULAs allow the vendor to change the terms at any time and the customer must choose between agreeing or ceasing use of the product, without getting a refund.^[36][37

https://en.wikipedia.org/wiki/End-user_license_agreement

Eset's prior EULA states;

Quote

ESET reserves the right to make changes to our Services and to revise these Terms, Special Terms and documentation or any portion thereof at any time by updating the relevant document (i) to reflect changes to the Account, Services or website or in how ESET does the business, (ii) for legal, regulatory or security reasons, or (iii) to prevent abuse or harm. You will be notified about any revision of these Terms or Special Terms by email or via your Account. If You disagree with the proposed changes to these Terms or Special Terms, You may cancel your Account and/or cancel the affected purchased Services within 30 days after receiving a notice of the change. Unless You cancel your Account or Service within this time limit, the proposed changes will be deemed accepted and become effective towards You as of the date You received a notice of the change.

https://help.eset.com/home_eset/en-US/terms_of_use_previous.html

Edited July 26 by itman

[Cider Phil 0]

13 hours ago, itman said:

"No, it's not illegal."

"... the customer must choose between agreeing or ceasing use of the product, without getting a refund".

I cannot accept this premise. If I purchase a three year licence from a supplier, the vendor must continue to supply the service until the end of the contract period or cancel the licence and provide a refund. To refuse to provide the service or refund the licence fee, implies that the vendor is in breach of contract, and I am sure that this would apply in Slovak courts as well as the UK courts.

I live in the UK and, as this is a "Home" licence, for me as an individual, the Consumer Rights Act 2015 must apply. The Act applies to terms in consumer contracts between traders and consumers and covers unfair terms and conditions. I am quoting from the guidance issued by the Competitions and Markets Authority. See Unfair contract terms guidance: Draft for consultation (publishing.service.gov.uk).

Am I likely to pursue this in the courts - no, it would cost too much. Will I take my business to another provider when the licence period ends - yes. Will I refer this to the Competitions and Markets Authority as a matter of principle - probably. ESET should consider more carefully how it treats its customers. 

[Marcos 5,259]

I've reached out to the responsible persons at ESET. We are going to provide an official company's statement on this on Monday.

[Marcos 5,259]

The consent with subscription Terms of Use (ToU) should not be displayed for subscriptions any more. Should you still be asked for a consent, a computer restart may be needed. If you are not receiving requests for ToU consent any more, the problem was likely caused by a bug which might have occurred if renewing your license in the time period around December 2023. For most of users the information about subscription ToU consent was correctly remembered and confirmation of ToU was not required again. We apologize for the inconvenience.